Section 60. Register of debenture holders and copies of trust deed

(1) Every company which issues debentures, not being debentures transferable by delivery, shall keep a register of debenture holders.

(2) The company shall notify the Registrar of the issuance of debentures in accordance with subsection (1) within fourteen days from the date of issuance.

(3) The register shall, except if duly closed, be open to the inspection of the registered holder of any debentures and of any holder of shares in the company and shall contain particulars of the names and addresses of the debenture holders and the amount of debentures held by the debenture holders.

(4) For the purposes of this section, a register shall be deemed to be duly closed during the periods not exceeding in the aggregate thirty days in any calendar year if it is closed in accordance with the provisions and period specified in the constitution or in the debentures or debenture stock certificates, or in the trust deed or other document relating to or securing the debentures.

(5) The company shall, at the request of every registered debenture holder and every shareholder in a company, supply a copy of the register of the debenture holders of the company or any part of the register on payment of five ringgit for every page or part of the register required to be copied but the copy need not include any particulars as to any debenture holder other than his name and address and the debentures held by him.

(6) A copy of any trust deed relating to or securing any issue of debentures shall be forwarded by the company to a holder of those debentures at his request on payment of ten ringgit for every page or such lesser sum as is fixed by the company, or, where the copy has to be specially made to meet the request on payment of five ringgit for every page or part of the register required to be copied.

(7) A company which issues debentures may cause to be kept in any place outside Malaysia a branch register of debenture holders which shall be deemed to be part of the company’s register of debenture holders and sections 50, 51, 52, 53, 54, 55 and 601 of this Act shall apply with necessary modification in relation to the keeping of a branch register of debenture holders.

(8) The company and every officer who refused an inspection, or refused to forward a copy within thirty days after a request has been made under this section commit an offence.

(9) Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.

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