453486
Description
Mind Map by baidurie92, updated more than 1 year ago
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Created by baidurie92
over 10 years ago
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DEBENTURE
- Definition
- document which either creates a debt or acknowledges it, an
any document which fulfils either of these conditions is debenture
(Chitty J said in Levy v Abercorris Slate & Slab CO )
- include besides debt, any obligation, covenant, undertaking or
guarantee to pay or any acknowledgement thereof (James Foong J
said in Bensa Sdn. Bhd. v Malayan Banking Bhd (1993))
- Include any debenture stock, bonds, notes and any other
securities of a corporation. Exclude bank deposit slips, bill of
exchange & promissory note (Section 4 (1))
- document which either creates a debt or acknowledges it, an
any document which fulfils either of these conditions is debenture
(Chitty J said in Levy v Abercorris Slate & Slab CO )
- Types
- Debenture payable
to a registered
- registered in the
name of the holder
- can be transfered
- registered in the
name of the holder
- debenture payable
to a bearer
- negotiable
instrument
- transfered by deliver
to transferee
- negotiable
instrument
- Secured
debenture
- property is charge
to debenture holder
- property is charge
to debenture holder
- unsecured
debenture
- not secured by a charge
over the property
- not secured by a charge
over the property
- Redeemable
debenture
- Principle money is repaid
to holder at specific period
- Principle money is repaid
to holder at specific period
- perpetual
debenture
- issue w/o fixed
date for
redemption
- issue w/o fixed
date for
redemption
- Debenture payable
to a registered
- Differences between
share/shareholders and
debenture/ debenture holder
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