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Deed Of Release Debenture

Deed Of Release Debenture Template for India

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Key Requirements PROMPT example:

Deed Of Release Debenture

"Need to draft a Deed of Release Debenture for ABC Manufacturing Limited's full repayment of secured debentures worth INR 50 crore, issued in January 2025, with HDFC Trustee Services as the debenture trustee, including release of both movable and immovable property securities."

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Document background
The Deed of Release Debenture is utilized when a company has fully satisfied its obligations under a debenture issuance and seeks to formally discharge the security interests created. This document is crucial in Indian corporate finance transactions where companies have used debentures as a financing instrument and have subsequently repaid the debt. It must comply with the Companies Act 2013, SEBI regulations, and other relevant Indian legislation. The deed includes details of the original debenture issuance, confirmation of payment, release of security interests, and necessary regulatory filings. It serves as conclusive evidence of the discharge of debenture obligations and is required for updating records with the Registrar of Companies and removing charges from the company's assets.
Suggested Sections

1. Parties: Details of the Company (Debenture Issuer), Debenture Trustee, and any other relevant parties

2. Background: Recitals detailing the original debenture issuance, security creation, and circumstances leading to release

3. Definitions: Definitions of key terms used in the deed, including reference to original debenture terms

4. Acknowledgment of Debt Satisfaction: Confirmation that all secured amounts have been fully repaid and obligations fulfilled

5. Release and Discharge: Express release of the company from all obligations under the debenture and discharge of security

6. Return of Documents: Provisions regarding the return or cancellation of original debenture certificates and security documents

7. Company Representations: Company's representations regarding the discharge and absence of further obligations

8. Further Assurance: Obligations to execute further documents or take additional steps if needed to effect the release

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Surviving Obligations: Used when certain obligations survive the release, such as confidentiality or indemnity provisions

2. Third Party Rights: Include when there are third-party security providers or guarantors who need to be released

3. Partial Release: Required when only part of the security or debentures are being released

4. Tax Provisions: Include when there are specific tax implications or obligations related to the release

5. Regulatory Compliance: Add when specific regulatory approvals or compliances need to be documented

Suggested Schedules

1. Schedule 1 - Original Debenture Details: Details of the original debenture trust deed, including date, parties, and amount

2. Schedule 2 - Security Details: List of all security interests being released, including property descriptions and charge numbers

3. Schedule 3 - Payment Confirmation: Details of final payment(s) made to satisfy the debenture obligations

4. Appendix A - Board Resolutions: Copies of relevant board resolutions authorizing the release

5. Appendix B - Release Documents: Forms and notices required for regulatory filings (e.g., CHG-4 for charge satisfaction)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking

Financial Services

Real Estate

Infrastructure

Manufacturing

Energy

Healthcare

Technology

Telecommunications

Construction

Relevant Teams

Legal

Finance

Treasury

Compliance

Corporate Secretarial

Risk Management

Corporate Finance

Investment

Relevant Roles

Chief Financial Officer

Company Secretary

Legal Counsel

Finance Director

Treasury Manager

Compliance Officer

Corporate Finance Manager

Risk Manager

Investment Manager

Debt Securities Manager

Corporate Treasurer

Legal Director

Finance Controller

Industries
Companies Act, 2013: Primary legislation governing company matters including debenture issuance, registration, and release procedures (particularly Sections 71 and 2(30))
Securities and Exchange Board of India Act, 1992: Regulates securities market and provides framework for debenture trading and investor protection
Indian Registration Act, 1908: Governs the registration requirements for documents relating to transfer of interest in property, including debentures secured by immovable property
Indian Stamp Act, 1899: Determines the stamp duty payable on debenture documents and their release
SEBI (Issue and Listing of Debt Securities) Regulations, 2008: Specific regulations governing the issuance and listing of debt securities including debentures
Transfer of Property Act, 1882: Relevant for secured debentures where property is involved as security
Indian Contract Act, 1872: Fundamental law governing contractual relationships and obligations between parties
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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