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Securities Law

Vanderbilt Law Review

1979

Trust indentures

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The Trust Indenture Act Of 1939 In The Proposed Federal Securities Code, Richard A. Stark Mar 1979

The Trust Indenture Act Of 1939 In The Proposed Federal Securities Code, Richard A. Stark

Vanderbilt Law Review

This Article will summarize briefly the significant provisions of the TIA as they currently are applied and will describe and comment upon Code Part XIII, Trust Indentures, as it appears in the 1978 Draft. ... The Code requirement that statutory and optional trust indenture provisions are to be interpreted, applied, and enforced as a matter of federal law will be statutory confirmation of the Morris case. The overall scheme for dealing with trust indentures, trustees,and the related offering statement represents a desirable simplification and updating of the TIA provisions. Significantly, the SEC's enforcement authority regarding trust indentures is expanded to …