Law library · Sierra Leone · The Companies Act, 2009
Section 145, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) Debentures may either be secured by charge over thecompany’s property or may be unsecured by any charge.
Enforceability of
contract to
acquire shares.
Re-issue of
acquired.
Acquisition of
shares of
holding
borrow
money, to
charge
property and
to issue
Perpetual
Convertible
Secured and
unsecured
98 99
(2) Debentures may be secured by a fixed charge on
certain of the company’s property or a floating charge over the whole
or a specified part of the company’s undertaking and assets, or by
both a fixed charge on certain property and floating charge.
(3) A charge securing debentures shall become enforceable
on the occurrence of the events as specified in the debentures or the
deeds securing the debenture.
(4) Where any legal proceedings are brought by a debenture
holder to enforce the security of a series of debentures of which he
holds part, the debenture holder shall sue in a representative capacity
on behalf of himself and all other debenture holders of that series.
(5) Where the debentures are secured by charge the provisions
of section 170 relating to the registration of particulars of charges
shall apply.
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