Law library · Sierra Leone · The Companies Act, 2009
Section 158, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) Whether or not a debenture is secured by a chargeover the company’s property it may be secured by a trust deed
appointing trustees for the debenture holders.
(2) It shall be the duty of such trustees to safeguard the
rights of the debenture holders and, on behalf of and for the benefit
of the debenture holders, to exercise the rights, powers and
discretions conferred upon them by the trust deed.
Contents of
debentures
covered by
Trustees for
110 111
(3) Charges securing the debentures may be created in
favour of the debenture holders by vesting them in the trustees.
(4) Notwithstanding anything contained in the
debentures or trust deed, the court may, on the application of any
debenture holder or of the Commission remove any trustee and
appoint another in his place if satisfied that such trustee has interests
which conflict or may conflict with those of the debenture holders or
that for any reason it is undesirable that such trustee should continue
to act; but that where the application is made by a debenture holder,
the court if it thinks fit, may order the applicant to give security for
the payment of the costs of the trustee and may direct that the
application shall be heard in chambers.
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