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ACCA Applied Skills · Corporate and Business Law (Global) · Loan capital

Kestrel Plc wishes to borrow money by issuing debentures to the public. Which of the following statements about a company's power to borrow and issue debentures is correct?

A trading company has an implied power to borrow for business purposes and can secure the loan by granting a charge over its assets. The constitution does not have to list borrowing expressly, and security is a normal feature of lending to companies.

  1. AA company may borrow only if its constitution expressly lists borrowing as an object
  2. BA trading company has an implied power to borrow for the purposes of its business, and may secure the borrowing by a charge over its assetsCorrect
  3. CA company may never grant security over its own assets to a lender
  4. DOnly a company limited by guarantee may issue debentures

Explanation

A trading company has an implied power to borrow for business purposes and to give security such as a charge over its assets. Express authorisation is not a precondition, and security is a common feature of debenture issues. Guarantee companies are not the only issuers.

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