The Debenture

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the
farhanhanna2273
Mind Map by farhanhanna2273, updated more than 1 year ago
farhanhanna2273
Created by farhanhanna2273 about 11 years ago
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The Debenture
  1. def : the doc contains an acknowledgement of indebtedness on the part of the company
    1. Type
      1. unsecured
        1. issued without charge over any of the company assets
          1. just contains an acknowledgement of the company's indebtedness
            1. also know as "naked debentures"
            2. secured
              1. issued with charge over company assets
                1. the asstes coveredby secured debtures:lands,fixed assets and floating assets
                  1. charges created in favour of debentures-holder may be either fixed or floating charge
                2. charge
                  1. s.108 companies act
                    1. the registration of charge must do within 30 days of creation
                      1. is do after 30 days annot be registered unless accompanied by court order for extension time
                      2. type of charge
                        1. floating charge
                          1. include all undertaking, properties, and assets of the borrower, both moveable and immoveable, anywhere situated, both present and future, including the company's uncalled capital.goodwill,book debt,acc receivable, stock in trade
                          2. fixed charge
                            1. ~ on specific property and it immediately attaches to that property
                              1. fair or a charge by way of deposit is created when company deposits its doc of title or share cert withe the bank as security for the credit facilities
                            2. case
                              1. RE YORKSHIRE WOOLCOMBERS ASSOCIATION LTD
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