회사채 수탁제도에 관한 연구

Abstract

Abstrct A Legal Study on the Trustee Company Kim, Doo-Hwan In the U. S. the contract under which debentures are generally issued is called the trust indenture and regulated by Trust Indenture Act of 1939. And the Act requires all corporate bonds and other debt securities to be issued subject to indenture agreements and comply with certain indenture provisions approved by the SEC. In the U. S. the trust indenture is a contract between an issuer of bonds and the bondholder stating the time period for repayment, amount of interest paid, and the amount of money that is to be repaid. It is also referred to as a deed or agreement. Usually the trust indenture is entered into between a trustee and the issuing corporation. The trust indenture specifies the rights and obligations of the debenture holders and the issuing corporation and usually delineates the terms of the securities. The indenture trustee has the responsibility of safeguarding the interests of the debenture holders. The transaction is subject to the provisions of the Trust Indenture Act. This dissertation addresses the system of the indenture trustee in the U. S. and Japan. With the comparisons, this dissertation suggests alternatives for current Korean trust and debenture issuing systems.