According to Section 2(30) of the Companies Act, 2013, a "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not. It is an acknowledgment of debt issued by a company under its common seal (or signed by two directors / authorized key managerial personnel) containing an undertaking to repay the specified principal sum at maturity and pay interest at a fixed coupon rate at specified intervals.
- Acknowledgment of Debt: A debenture is written documentary proof that the company owes a specific sum of borrowed money to the debentureholder.
- Fixed Rate of Interest: Carries a prefixed coupon rate (e.g., 9% Debentures), payable periodically irrespective of whether the company earns profit or incurs a loss.
- Charge on Corporate Assets: Debentures are generally secured by a fixed charge (on specific assets like land and machinery) or a floating charge (on general circulating assets like stock and debtors).
- No Voting Rights: Under Section 71(2) of the Companies Act 2013, no company can issue any debentures carrying voting rights. Debentureholders are creditors, not proprietors.
- Debenture Trust Deed: Under Section 71(5), when a company issues a prospectus or invites the public or its members exceeding 500 to subscribe to debentures, it must appoint one or more Debenture Trustees and execute a trust deed before issuing the offer.
| Basis of Distinction | Share (Equity / Preference) | Debenture |
|---|---|---|
| Legal Status of Holder | Owner / Member of the company (ownership capital). | Creditor of the company (loan capital). |
| Nature of Return | Dividend, which is an appropriation of distributable profits. | Interest, which is a charge against profits (mandatory expense). |
| Control & Voting Rights | Carries voting rights in general meetings (Equity shares). | Zero voting rights under Section 71(2). |
| Security / Charge | Never secured by any charge on company assets. | Generally secured by fixed or floating charge on assets. |
| Priority on Winding Up | Repaid last after all creditors have been settled in full. | Enjoys legal priority of repayment over share capital. |
| Discount on Issue | Prohibited under Section 53 (except sweat equity). | Can be freely issued at a discount without legal restriction. |
- From the Viewpoint of Security:
- Secured / Mortgage Debentures: Secured by a mortgage or charge on the company's assets. Under Rule 18(1), the date of redemption of secured debentures cannot exceed 10 years (or 30 years for infrastructure companies).
- Unsecured / Naked Debentures: Carry no charge on any corporate assets. Holders rank as ordinary unsecured creditors.
- From the Viewpoint of Tenure:
- Redeemable Debentures: Repayable upon the expiry of a specified period or in installments.
- Irredeemable / Perpetual Debentures: Not repayable during the lifetime of the company except on winding up. Under Indian Companies Act 2013, companies cannot issue perpetual debentures.
- From the Viewpoint of Convertibility:
- Convertible Debentures: Convertible into equity shares or new debentures at the option of the holder or company. Can be Fully Convertible (FCD) or Partly Convertible (PCD).
- Non-Convertible Debentures (NCD): Do not carry any option for conversion into shares and are repaid in cash at maturity.
- From the Viewpoint of Registration:
- Registered Debentures: Recorded in the Register of Debentureholders. Interest warrants are payable only to registered holders. Transfer requires a formal transfer deed.
- Bearer Debentures: Payable to the bearer. Negotiable instruments transferable by mere delivery. Interest is paid against presentation of detached coupons.