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Companies and Allied Matters Act 2020 · Part B · Chapter 9

Section 198Secured or unsecured debentures

(1)
Debentures may either be secured by a charge over the company’s property or may be unsecured by any charge.
(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 a floating charge.
(3)
A charge securing debentures shall become enforceable on the occurrence of the events specified in the debentures or the deed securing the same.
(4)
Where 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.
Cite as: Companies and Allied Matters Act 2020, section 198

What this section means

From the guide: Debentures, floating charges and debenture trust deeds under CAMA 2020

  • Debentures can be secured by a fixed charge, a floating charge, both, or be unsecured, and a holder suing to enforce a series sues on behalf of all holders of that series (section 198).

Read the whole subject

Source: Companies and Allied Matters Act 2020 (Act No. 3 of 2020), Official Gazette No. 124, Lagos, 10 August 2020. General information, not legal advice.