Debenture_Trustees_Oct08

Debenture_Trustees_Oct08_2020
33 (1) The Board may, exempt any person or class of persons from the operation of all or any of the provisions of these regulations for a period as may be specified but not exceeding twelve months, for furthering innovation in technological aspects relating to testing new products, processes, services, business models, etc. in live environment of regulatory sandbox in the securities markets .
33 (2) Any exemption granted by the Board under sub-regulation (1) shall be subject to the applicant satisfying such conditions as may be specified by the Board including conditions to be complied with on a continuous basis. live testing environment where new products, processes, services, business models,etc. may be deployed on a limited set of eligible customers for a specified period oftime, for furthering innovation in the securities market , subject to such conditions asmay be specified by the Board .]Imposing Penalty) Regulations, 2002, w.e.f. 27-9-2002. Earlier regulation 32 was amended by SEBI (Appeal toSecurities Appellate Tribunal)(Amendment) Regulations, 2000, w.e.f. 28-3-2000. Prior to its omission, regulation32 read as under :“32. Any person aggrieved by an order of the Board made, on and after the commencement of the Securities Laws(Second Amendment) Act, 1999, (i.e., after 16th December 1999), under these regulations may prefer an appealto Securities Appellate Tribunal having jurisdiction in the matter.”Schedule IForms80[FORM ASecurities and Exchange Board of India(Debenture Trustees) Regulations, 1993[81[Regulation 3]]82[Application for Grant of Certificate of Registration asDebenture Trustee]Name of Applicant and its status ....................................................................................(For status see regulation 7)Name and Designation of Principal Officer …… …… …… …… …… …… …… .Designation....................................................................Telephone No. ..............................................................E-mail................................................................................
3 Whether any associate/group company of the applicant is also registered with SEBI under any Regulations, and if so the following details are to be furnished: Name of the company/ concern SEBI Regn No. warning Any taken/investigation/enquiry initiated/pending given/penal action
2 Whether the applicant has complied with the SEBI (Debenture Trustees) Rules and Regulations and the
4 Business plan (for three years)
1 5(a) Whether the applicant or its Director/s or partner/s is a partner or proprietor or promoter/s or director/s in any of its associate/group company/concern or any company/concern which is also registered with SEBI under any of its Regulations, and if so, details thereof: Name of the company/ concern given/penal action Category registered SEBI Regn. No. warning Any taken/investigation/enquiry initiated/pending Year Place Month from relevant documents
5 2 Deployment of resources(a) Fixed assets(b) Plant and machinery and office equipment(c) Investments (Details should be given separately)
6 5 Any other information considered relevant to the nature of services rendered by the applicant .
7 3 Existing/ proposed facilities for redressal of investor grievances. (Furnish number and type of complaints received, follow-up with the companies, average time taken in resolving the complaints and overall system of handling
8 5 Whether the applicant has taken steps like appointment of nominee directors in case of the debenture issue of any company. Declaration This declaration must be signed by principal officer/s I/We hereby apply for grant of certificate of registration by the Board . I/We warrant that I/we will carry out my/our duties in accordance with the Act, Rules and Regulations. I/We state that I/we have truthfully and fully answered the questions above and provided all the information which might reasonably be considered relevant for the purposes of my/our grant of certificate for registration and I/we will promptly notify the Board of any changes in the information during the period that my/our registration is being considered and if my/our registration is accepted, thereafter. I/We understand that misleading or attempting to mislead the Board shall render the applicant liable to disciplinary proceedings. I/We certify that the above information and information supplied in the application form is true, complete and correct. “We hereby declare and undertake that—(a) the applicant-company, its directors or Principal Officers is/or has not at anytime been convicted for any offence involving moral turpitude or been foundguilty of any economic offence (including those concerned with the securitiesmarket),(b) no person directly or indirectly connected with the applicant has applied orbeen granted registration by the Securities and Exchange Board of India toact as Debenture Trustee.”For and on behalf of....................................... Name of applicantPlace: Date:83 [***]........................................ Name of applicantPlace: Date:Registration Of Certain Intermediaries) (Amendment) Regulations, 2016 w.e.f. 08-12-2016.
10 In case of any defaults, specifically state the action the applicant has taken to protect the interest of the debenture holders and whether penal interest has been paid to the debenture holders.(a) List of debenture issues for which the applicant was acting as debenture trustees under earlierregistration where defaults by the issuers in terms of delays/non-payment of interest/principal haveoccurred.
11 Whether the applicant has obtained auditors certificate for end-use of funds for all public/rights issues. debenture trustees.” Investor grievances relating to the debentures of companies for which the applicant acted as Details of defaults
12 FORM B Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993 [84[Regulation 8 ]] 85[Certificate of Registration] I. In exercise of the powers conferred by sub-section (1) of section 12 of the Securities and Exchange Board of India Act, 1992, read with the Rules and Regulations made thereunder for the debenture trustee, the Board hereby grants a certificate of registration to......as a debenture trustee , subject to the conditions in the Rules and in accordance with the Regulations. II. Registration Code for the debenture trustee is........ 86[III. This certificate of registration shall be valid unless it is suspended or cancelled by the Board.] Place Date For and on behalf of Securities and Exchange Board of India. Authorised Signatory. By Order

Debenture_Trustees_Oct08_2020

33 (1) The Board may, exempt any person or class of persons from the operation of all or any of the provisions of these regulations for a period as may be specified but not exceeding twelve months, for furthering innovation in technological aspects relating to testing new products, processes, services, business models, etc. in live environment of regulatory sandbox in the securities markets .

33 (2) Any exemption granted by the Board under sub-regulation (1) shall be subject to the applicant satisfying such conditions as may be specified by the Board including conditions to be complied with on a continuous basis. live testing environment where new products, processes, services, business models,etc. may be deployed on a limited set of eligible customers for a specified period oftime, for furthering innovation in the securities market , subject to such conditions asmay be specified by the Board .]Imposing Penalty) Regulations, 2002, w.e.f. 27-9-2002. Earlier regulation 32 was amended by SEBI (Appeal toSecurities Appellate Tribunal)(Amendment) Regulations, 2000, w.e.f. 28-3-2000. Prior to its omission, regulation32 read as under :“32. Any person aggrieved by an order of the Board made, on and after the commencement of the Securities Laws(Second Amendment) Act, 1999, (i.e., after 16th December 1999), under these regulations may prefer an appealto Securities Appellate Tribunal having jurisdiction in the matter.”Schedule IForms80[FORM ASecurities and Exchange Board of India(Debenture Trustees) Regulations, 1993[81[Regulation 3]]82[Application for Grant of Certificate of Registration asDebenture Trustee]Name of Applicant and its status ....................................................................................(For status see regulation 7)Name and Designation of Principal Officer …… …… …… …… …… …… …… .Designation....................................................................Telephone No. ..............................................................E-mail................................................................................

3 Whether any associate/group company of the applicant is also registered with SEBI under any Regulations, and if so the following details are to be furnished: Name of the company/ concern SEBI Regn No. warning Any taken/investigation/enquiry initiated/pending given/penal action

2 Whether the applicant has complied with the SEBI (Debenture Trustees) Rules and Regulations and the

4 Business plan (for three years)

1 5(a) Whether the applicant or its Director/s or partner/s is a partner or proprietor or promoter/s or director/s in any of its associate/group company/concern or any company/concern which is also registered with SEBI under any of its Regulations, and if so, details thereof: Name of the company/ concern given/penal action Category registered SEBI Regn. No. warning Any taken/investigation/enquiry initiated/pending Year Place Month from relevant documents

5 2 Deployment of resources(a) Fixed assets(b) Plant and machinery and office equipment(c) Investments (Details should be given separately)

6 5 Any other information considered relevant to the nature of services rendered by the applicant .

7 3 Existing/ proposed facilities for redressal of investor grievances. (Furnish number and type of complaints received, follow-up with the companies, average time taken in resolving the complaints and overall system of handling

8 5 Whether the applicant has taken steps like appointment of nominee directors in case of the debenture issue of any company. Declaration This declaration must be signed by principal officer/s I/We hereby apply for grant of certificate of registration by the Board . I/We warrant that I/we will carry out my/our duties in accordance with the Act, Rules and Regulations. I/We state that I/we have truthfully and fully answered the questions above and provided all the information which might reasonably be considered relevant for the purposes of my/our grant of certificate for registration and I/we will promptly notify the Board of any changes in the information during the period that my/our registration is being considered and if my/our registration is accepted, thereafter. I/We understand that misleading or attempting to mislead the Board shall render the applicant liable to disciplinary proceedings. I/We certify that the above information and information supplied in the application form is true, complete and correct. “We hereby declare and undertake that—(a) the applicant-company, its directors or Principal Officers is/or has not at anytime been convicted for any offence involving moral turpitude or been foundguilty of any economic offence (including those concerned with the securitiesmarket),(b) no person directly or indirectly connected with the applicant has applied orbeen granted registration by the Securities and Exchange Board of India toact as Debenture Trustee.”For and on behalf of....................................... Name of applicantPlace: Date:83 [***]........................................ Name of applicantPlace: Date:Registration Of Certain Intermediaries) (Amendment) Regulations, 2016 w.e.f. 08-12-2016.

10 In case of any defaults, specifically state the action the applicant has taken to protect the interest of the debenture holders and whether penal interest has been paid to the debenture holders.(a) List of debenture issues for which the applicant was acting as debenture trustees under earlierregistration where defaults by the issuers in terms of delays/non-payment of interest/principal haveoccurred.

11 Whether the applicant has obtained auditors certificate for end-use of funds for all public/rights issues. debenture trustees.” Investor grievances relating to the debentures of companies for which the applicant acted as Details of defaults

12 FORM B Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993 [84[Regulation 8 ]] 85[Certificate of Registration] I. In exercise of the powers conferred by sub-section (1) of section 12 of the Securities and Exchange Board of India Act, 1992, read with the Rules and Regulations made thereunder for the debenture trustee, the Board hereby grants a certificate of registration to......as a debenture trustee , subject to the conditions in the Rules and in accordance with the Regulations. II. Registration Code for the debenture trustee is........ 86[III. This certificate of registration shall be valid unless it is suspended or cancelled by the Board.] Place Date For and on behalf of Securities and Exchange Board of India. Authorised Signatory. By Order