Trusteeship Services

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Centbank Financial Services Limited

Trusteeship Services 

• Debenture Trusteeship
• Securities Trusteeship
• Executor Trusteeship
• Administrator of an Estate
• Trustee under a Will/Voluntary or Living Trust
• Trustee for Public, Charitable and Religious Trust
• Guardian of Minor's property

1. Debenture Trusteeship

• Wherever any Company issues the Debenture / Bonds for a period 18 months & over, it needs to compulsorily appoint Debenture / Bond Trustee
• Debenture Trustee services include creation of security within stipulated time, effective handling of investor complaints and proficient settlement of clearances on behalf of debenture holders in event of further borrowings by the Issuer
• To hold the Security/Charge on behalf of debenture holders and hold the security documents in safe custody.
• To advise Issuer Company on the mode of creation of Security & registration of Debenture Trust Deed.
• To ensure Compliance of Listing Agreement, Companies Act, 1956 & SEBI Regulations.
• Enforcement of Security in the interest of the debenture holders (in case of default).
• Vetting of Documents

2. Securities Trusteeship

• Security Trusteeship is a contractual arrangement amongst Borrower, Lenders (Who are Banks, Financial Institutions & NBFCs) and the Security Trustee. This arrangement is established by executing a document called Security Trustee Agreement (STA)
• Pursuant to the execution of STA, Borrower is required to create all securities in favour of Security Trustee such as mortgage of immovable properties, hypothecation, etc.
• Security Trustee holds charge on Borrower's assets including interest in underlying security on behalf of the multiple lenders.
• Thus under the arrangement, Hypothecation/Mortgage and any other charge on other securities is created by the Borrower in favour of single entity called "Security Trustee" for the benefit of lenders.
• In other words, lenders are represented through Security Trustee as their sole representative. This being contractual arrangement is absolutely legal, valid, binding and enforceable.

• Benefit of Security Trusteeship

• Single charge is created in favor of Trustee for the benefit of multiple Lenders.
• Single Point Contact in respect of documents, Charge Creation in consortium arrangement/ multiple Banking structure.
• No conflict of Interest in discharging its role.
• Coordination with Lenders, Borrower and all others agencies involved in the chain.
• Minimum documents are required at the time of down-sell or divest their stake to incoming lender/s.
• Safe keeping of Documents and creation of charges on all type of securities.
• Enforcement of security when required by the Lenders.
• In case of default, initiation of Recovery process independently as per terms and conditions of STA.
• Differ in terms and condition of multiple Banks. It can be incorporated in single document STA which is legally valid, binding and enforceable.

3. Executor Trusteeship

• CREATION OF A TRUST
• The Trust Deed is prepared as per instructions of the Settlor/Trustor/Creator of the Settlement.
• The contents of the Deed include instructions as follows
• Investment of Corpus/Trust Fund kept in fiduciary capacity (in FDs, shares & securities, Mutual Funds)
• Beneficiaries of the Trust (including Charity)
• Settlor/Trustees/Beneficiaries are empowered to give instructions over the Trust’s Corpus
• The Trust Deed may be amended from time to time by the Settlor
• Will can be prepared as per the instruction of the Testator and the Will is executed on the Testator’s demise.

For further details and information click here or contact us at 

Centbank Financial Services Ltd
(Formerly Centbank Financial & Custodial Services Ltd; The Central Bank Executors & Trustee Co Ltd)
 
Centbank Financial Services Limited
3rd Floor, Central Bank of India MMO Building,
55, M G Road, Fort,
Mumbai, 400 001
Landline: +91 22 2261 6217/14
Fax: +91 22 2261 6208

E-mail: info@cfsl.in
Website: www.cfsl.in