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Question 18 of 35

Q.Justify the following statement:
A company can issue only certain types of debentures.

Maharashtra MsbshseMaharashtra HSC (MSBSHSE) Board 2023Subjective· 4mImportance★★★★★
51% · 18/35 Questions
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A company is not free to issue debentures of every possible kind. The Companies Act, 2013 permits only certain types and specifically bars debentures with voting rights, so the statement is justified.

Debentures are instruments of borrowed capital. To protect investors and maintain proper control, the law lays down which types of debentures a company may issue.

Why only certain types can be issued:

  • Legal restriction: Section 71 of the Companies Act, 2013 clearly provides that a company may issue debentures, but it cannot issue debentures carrying any voting rights. This alone rules out one whole class.
  • Permitted classifications: A company may issue debentures classified on the basis of security (secured or unsecured), redemption (redeemable or irredeemable/perpetual, subject to law), records (registered or bearer), convertibility (convertible or non-convertible), and priority (first or second). Only these recognised types are allowed.
  • Protection of investors: By allowing only debentures with fixed, well-defined rights (mainly a fixed rate of interest and repayment of principal), the law ensures that debenture-holders know exactly what they are entitled to. …

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