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Section 117C – The Companies Act,1956

The Companies Act, 1956

117C. Liability of company to create security and debenture redemption reserve.

1[117C. Liability of company to create security and debenture redemption reserve.(1) Where a company issues debentures after the commencement of this Act, it shall create a debenture redemption reserve for the redemption of such debentures, to which adequate amounts shall be credited, from out of its profits every year until such debentures are redeemed.

(2) The amounts credited to the debenture redemption reserve shall not be utilised by the company except for the purposes aforesaid.

(3) The company referred to in sub-section (1) shall pay interest and redeem the debentures in accordance with the terms and conditions of their issue.

(4) Where a company fails to redeem the debentures on the date of maturity, the 2[Tribunal] may, on the application of any or all the holders of debentures shall, after hearing the parties concerned, direct, by order, the company to redeem the debentures forthwith by the payment of principal and interest due thereon.

(5) If default is made in complying with the order of the 2[Tribunal] under sub-section (4), every officer of the company who is in default, shall be punishable with imprisonment which may extend to three years and shall also be liable to a fine of not less than five hundred rupees for every day during which such default continues.]

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1. Ins. by Act 53 of 2000, sec. 48 (w.e.f. 13-12-2000).

2. Subs. by Act 11 of 2003, sec. 18, for “Company Law Board”.

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The Companies Act, 1956

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