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Section 152 – The Companies Act,1956

The Companies Act, 1956

152. Register and index of debenture-holders.

(1) Every company shall keep in one or more books a register of the holders of its debentures and enter therein the following particulars, namely:

(a)the name and address, and the occupation, if any, of each debenture-holder;

(b)the debentures held by each holder, 1[***] 2[distinguishing each debenture by its number except where such debentures are held with a depository] and the amount paid or agreed to be considered as paid on those debentures;

(c)the date at which each person was entered in the register as a debenture-holder; and

(d)the date at which any person ceased to be a debenture-holder.

(2) (a) Every company having more than fifty debenture-holders shall, unless the register of debenture-holders is in such a form as in itself to constitute an index, keep an index (which may be in the form of a card index) of the names of the debenture-holders of the company and shall, within fourteen days after the date on which any alteration is made in the register of debenture-holders, make the necessary alteration in the index.

(b) The index shall, in respect of each debenture-holder, contain a sufficient indication to enable the entries relating to that holder in the register to be readily found.

(3) If default is made in complying with sub-section (1) or (2), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to 3[five hundred rupees].

(4) Sub-sections (1) to (3) shall not apply with respect of debentures which, ex facie, are payable to the bearer thereof:

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1. The words “distinguishing each share by its number” omitted by Act 22 of 1996, sec. 30 and Sch. (w.r.e.f. 20-9-1995).

2. Ins. by Act 8 of 1997, sec. 12 (w.r.e.f. 15-1-1997).

3. Subs. by Act 53 of 2000, sec. 62, for “fifty rupees” (w.e.f. 13-12-2000).

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The Companies Act, 1956

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