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Microlesson · 5-min read

Issue of Debentures with Conversion Option and Types

# Manner of Issue of Debentures [Section 71]

## 1. Issue of Debentures with Conversion Option [Section 71(1)]

A company may issue debentures with an option to convert such debentures into shares, either:

  • Wholly (fully convertible), or
  • Partly (partly convertible)

at the time of redemption.

### Procedural Requirement

The issue of debentures with conversion option (wholly or partly) must be approved by a SPECIAL RESOLUTION passed at a general meeting.

## 2. Classification by Security

### a. Unsecured / Naked Debentures

Where debentures are NOT secured by any mortgage or charge on any property of the company, they are called naked or unsecured debentures.

### b. Secured Debentures

Where debentures are secured by a mortgage or charge on the property of the company. The Central Government may prescribe:

  • Procedure for securing the issue of debentures
  • Form of debenture trust deed
  • Procedure for debenture-holders to inspect the trust deed and obtain copies
  • Quantum of Debenture Redemption Reserve (DRR) required
  • Such other matters

## 3. No Voting Rights [Section 71(2)]

No company shall issue any debentures carrying any voting rights. This preserves the distinction between ownership (equity) and creditorship (debt).

## Snapshot Table

Type of DebentureApproval RequiredSecurity
Wholly Convertible Debentures (CCD)Special Resolution at General MeetingOptional
Partly Convertible Debentures (PCD)Special Resolution at General MeetingOptional
Non-Convertible Debentures (NCD)Board approval (no SR required for conversion)Secured/Unsecured
Secured DebenturesSubject to Rule 18(1) conditionsSecured by charge
Naked/Unsecured DebenturesBoard approvalNo security

## Why a Special Resolution?

Conversion of debentures into equity affects the shareholding pattern and dilutes existing shareholders' control. Hence, a higher threshold (special resolution = 75% majority) is required to safeguard their interest.

Worked example

### Example 1

Example 1: XYZ Ltd. wishes to issue Partly Convertible Debentures (PCDs). The Board of Directors approves the issue via a Board Resolution. Is this procedurally valid?

Answer: No. Section 71(1) proviso requires that issue of debentures with conversion option (whether wholly or partly) must be approved by a SPECIAL RESOLUTION at a general meeting. A mere Board Resolution is insufficient. The company must convene a general meeting and pass a special resolution.

### Example 2

Example 2: ABC Ltd. issues unsecured debentures (naked debentures) for 5 crores. The Board approves the issue without convening a general meeting. Is this valid?

Answer: Yes, provided the debentures are not convertible. Issue of non-convertible unsecured debentures does not require a special resolution under Section 71(1). However, other requirements (such as DRR if applicable, debenture trustee for offers to >500 persons) must be complied with.

⚠️ Common exam mistakes

  • Thinking only fully convertible debentures need special resolution — both wholly AND partly convertible debentures require SR.
  • Confusing 'special resolution' with 'ordinary resolution' — SR requires 3/4ths majority, not simple majority.
  • Assuming secured debentures automatically need special resolution — security is governed by Rule 18(1), not by SR.
  • Believing debenture holders convert debentures into shares at any time — typically conversion happens at the time of REDEMPTION as per terms of issue.
Bare-Act text Section 71(1) and 71(2) · Companies Act, 2013 · click to expand
Section 71(1): A company may issue debentures with an option to convert such debentures into shares, either wholly or partly at the time of redemption: Provided that the issue of debentures with an option to convert such debentures into shares, wholly or partly, shall be approved by a special resolution passed at a general meeting. (2) No company shall issue any debentures carrying any voting rights.
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