Section 2 in Securities And Exchange Board Of India (Debenture Trustees) Regulations, 1993
2. Definitions.-
In these regulations, unless the context otherwise requires,-(a)"Act" means the Securities and Exchange Board of India Act, 1992 (15 of 1992)(aa)[ "associate" shall mean any entity which is an associate under sub-section (6) of Section 2 of the Companies Act, 2013 or under the applicable accounting standards and shall include a person whose director, is also a director of the debenture trustee or the body corporate as the case may be] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)].[[(ab) "body corporate" shall have the meaning assigned to it in or under sub-section (11) of section 2 of the Companies Act, 2013 and for the purpose of these regulation, includes a public financial institution as defined under sub-section (72) of Section 2 of the Companies Act, 2013, a non-banking financial company, public section undertaking established under any Central or State enactment which has its debt securities listed or which seeks to list its debt securities or a recognized stock exchange in accordance with the Securities and Exchange Board of India (Issue and Listing of Debt Securities) Regulation, 2008, or any other issuer of debt securities in accordance with any Regulation issued by the Board] [Inserted by S.O. 1451(E), dated 7.9.2006].(ac)"certificate" means a certificate of registration granted or renewed by the Board under these regulations;(ad)"change of status or constitution" in relation to a debenture trustee-(i)means any change in its status or constitution of whatsoever nature; and(ii)without prejudice to generality of sub-clause (i), includes-(A)amalgamation, demerger, consolidation or any other kind of corporate restructuring falling within the scope of section 391 of the Companies Act, 1956 (1 of 1956) or the corresponding provision of any other law for the time being in force;(B)change in its managing director or whole-time director; and(C)any change in control over the body corporate;(ae)"change in control", in relation to a debenture trustee, means :-(i)[ if its shares are listed on any recognised stock exchange, change in control as per the provisions of Regulation 4 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulation, 2011;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)].(ii)in any other case, change in the controlling interest in the body corporate;Explanation:- For the purpose of sub-clause (ii), the expression "controlling interest" means an interest, whether direct or indirect, to the extent of at least fifty one per cent of voting rights in the body corporate;](b)[ "Companies Act" means the Companies Act, 2013 (Act 18 of 2013)] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)];(ba)[ "debenture" means a debenture within the meaning of sub-section (30) of section 2 of the Companies Act, 2013;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)];(bb)[ "debenture trustee" means a trustee appointed in respect of any issue of debenture of a body corporate;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)];(b1)"enquiry officer" means any officer of the Board, or any other person, having experience in dealing with the problems relating to the securities market, who is appointed by the Board under Chapter V;(c)"Form" means Forms specified in Schedule I;(d)"Inspecting authority" means one or more persons appointed by the Board to exercise powers conferred under Chapter IV;(e)[ "insurance company" has the same meaning assigned to it under sub-section (7A) of section 2 of the Insurance Act, 1938;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)];(ea)[ "issue" means an offer of debentures by a body corporate to the public or the holders of securities of such body corporate and includes a private placement of debentures made by a body corporate, which seeks to list its debt securities on a recognized exchange;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)];(ee)[ "networth" means aggregate of value of the paid up equity capital and for reserves (excluding reserves created out of revaluation) reduced by the aggregate value of accumulated losses and deferred expenditure not written off (including miscellaneous expenses not written off) as per the latest audited balance sheet.] [Inserted by S.O. 763(E), dated 4.7.2003](f)[ "principal officer" means,- [Substituted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)]a key managerial personnel as defined under sub-section (51) of section 2 of the Companies Act, 2013, and shall include any person connected with the management or administration of the body corporate upon whom the Board has served notice of its intention of treating him as the principal officer thereof];(g)"regulations" means Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993;(h)[* * *] [Omitted by S.O. 1451(E), dated 7.9.2006](i)"scheduled bank" means a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934);(ia)[ "trust deed" means a deed executed by the body corporate in favour of the trustees named therein for the benefit of the debentureholders;] [Inserted by S.O. 1451 (E), dated 7.9.2006](ib)[ "recognised stock exchange" shall have the same meaning assigned to it under sub-section (f) of section 2 of the Securities Contracts (Regulation) Act, 1956.] [Inserted by Notification No. SEBI/LAD-NRO/GN/2017-18/011, dated 13.6.2017 (w.e.f 29.12.1993)];(j)all other words and expressions used in these regulations but not defined, and defined in the Act and the rules shall have the meanings respectively assigned to them in the Act [* * *] [Omitted by S.O. 1451(E), dated 7.9.2006].
