Michigan Proposal to authorize and issue subordinated convertible debentures
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How to fill out Proposal To Authorize And Issue Subordinated Convertible Debentures?
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FAQ
Ing to the Companies Act, 2013, private companies are permitted to issue optionally convertible debentures. The relevant statutory provisions to consider in this regard are Section 71 and Section 73 of the Companies Act, 2013.
No voting rights to CCD holders till they are converted or default happens. No need to follow strict External Commercial Borrowing (ECB) guidelines in case of investment from foreign residents as CCD is covered under Foreign Direct Investment (FDI).
Issuance Process of Optionally Convertible Debentures Board Approval: The board of directors must pass a resolution to authorize the issuance of OCDs, including determining the terms, conditions, and the maximum number of debentures to be issued.
Hold Board Meeting and pass the Board Resolution for Conversion of CCD into Equity Shares along with approving Notice of Genernal Meeting for the approval of Shareholders of the Company. Hold General meeting of the Shareholders of the Company and pass the Special Resolution for Conversion of CCD into Equity Shares.
The process of issuing a convertible debenture by a public company within its borrowing limits involves obtaining board approval, seeking shareholder authorization, preparing a prospectus, securing regulatory approval, and then conducting a public offering.
Convertible debentures are further classified as (A) Full Convertible Debentures, (B) Partly convertible Debentures. A resolution for conversion is approved in the board meeting. The shareholders as well as debenture holders' approval is taken for conversion. A special resolution is passed to that effect.
A compulsory convertible debenture is a bond that must be converted into stock at its maturity date. For companies, it allows for repayment of debt without spending cash. For investors, it offers a return in interest and, later, ownership of shares in the company.