S.O. 135(E). In exercise of the powers conferred by sub-section (1) of section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993, namely: I. (1) These Regulations may be called the Securities and Exchange Board of India (Debenture Trustees) (Amendment) Regulations, 2000. (2) They shall come into force on the day of their publication in the Official Gazette. II. (1) In Schedule 1, for Form A, the following new Form A shall be substituted, namely:- "SCHEDULE I FORM A SECURITIES AND EXCHANGE BOARD OF INDIA APPLICATION FOR REGISTRATION AS DEBENTURE TRUSTEE
NAME OF APPLICANT AND ITS STATUS NAME AND DESIGNATION OF PRINCIPAL OFFICER DESIGNATION : TELEPHONE NO. EMAIL :
PART - I GENERAL INFORMATION 1. APPLICANT’S DETAILS 1.1 Name of the applicant : 1.2 Address of applicant : Pin code : Telephone No : Telex No : Fax No : Email: 1.3 Address of the applicant for correspondence : Pin code : Telephone No : Telex No : Fax No : Email : Name of the Compliance officer: Designation Telephone 1.4 Address of branch offices (in India) of the applicant, if any : 1.5 Whether any other application under Securities and Exchange Board of India Act, 1992 has been made for grant of certificate, if so, details thereof: 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;
1.6 In case the applicant is a Bank or an NBFC, any warning/action taken by RBI. 2. ORGANISATION STRUCTURE : 2.1 Objects of the organisation of the applicant. 2.2 Date and Place of incorporation/Establishment of the organisation of the applicant. Day Month Year Place 2.3 Organisation chart stating the functional responsibilities at various levels. 2.4 Particulars of all directors. 2.5 Number of employees (mention separately the employees in the debenture trusteeship activity) 2.6 Name and activities of associate companies/concerns. Name/Address/Phone Nos/Type of activity/Ownership details/Nature and Quantum of financial trading. 2.7 List of major share holders (holding 5% or more voting rights) and percentage of their shareholdings. 3.0 DETAILS OF INFRASTRUCTURAL FACILITIES 3.1 Office Space (mention the extent of area and ownership details available). 3.2 Office Equipment (mention the details of electronic office equipment, typewriters, telecommunication equipment, Furniture & Fixtures, other communication facilities etc.) 4. BUSINESS PLAN (FOR THREE YEARS)
5.1. Capital Structure (Rs. In lakhs) Year prior Preceeding Current
6.1 Name and Address of the principal bankers 6.2 Name and Address of the auditors (internal, external and tax auditor, if any, as applicable) 6.3 Indicate involvement in any offence relating to economic offences (including those concerned with the securities market)in the last three years, if any. 6.4 Any significant awards or recognition, collective grievances against the services rendered by the applicant. 6.5 Any other information considered relevant to the nature of services rendered by the applicant.
PART - II 7 BUSINESS INFORMATION 7.1 Describe proposed activity. 7.2 Details of Key Legal Personnel :
(Furnish number and type of complaints received, follow-up with the Companies, average time taken in resolving the complaints and over-all system of handling complaints,). 7.4 Details of any personnel experienced in the activity of debenture trusteeship. 8. EXPERIENCE 8.1 Experience as debenture trustee 8.3 In case of resignation or discharge as the case may be whether the applicant has vacated the office before the appointment of successor. If so, give reasons and full details. 8.4 Whether the applicant has ensured that security has been created in the stipulated time in respect of debentures it acted as Debenture Trustee. 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 carryout 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
------------------------------ ---------------------------- PLACE: PLACE: Date: Date: ADDITIONAL INFORMATION SHEET: (in case of application for renewal of registration) 1. Whether the applicant has complied with the terms and conditions mentioned in the registration letter? 2. Whether the applicant has complied with the SEBI (Debenture Trustee) Rules and Regulations and the guidelines issued by SEBI from time to time. 3. Whether any of associate/group company of the applicant is also registered with SEBI under any Regulations, and if so the following details are to be furnished;
4. Whether any investigation/ enquiry has been initiated/ is pending against the applicant. 5. Whether the applicant has submitted all the quarterly reports. 6. Any warning given/penal action taken against the applicant. 7. Whether the applicant has paid the fees due to SEBI in the last 3 years. Give details of payment. 8. Details of public/rights issue for which the applicant acted as Trustees in the last 3 years. 9. In case of any defaults, specifically state the action the applicant has taken to protect the interest of debenture-holders and whether penal interest has been paid to the debentureholders. 10 a) List of debenture issues for which the applicant was acting as Debenture Trustees under earlier registration where defaults by the issuers in terms of delays/non-payment of interest /principal have occurred.
11. Whether the applicant has obtained auditors certificate for end-use of funds for all public/rights issues. 12. Investor grievances relating to the debentures of companies for which the applicant acted as debenture trustees." [F.No. SEBI/LE/ /2000] D.R. MEHTA Foot Note:
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