Trust Indenture Act of 1939

The TIA is administered by the U.S. Securities and Exchange Commission (SEC), which has made various regulations under the act.

In June 1936, the Protective Committee Study, headed by Douglas, published its report Trustees Under Indentures.

[1] It recommended that:[2] The Trust Indenture Act was subsequently passed and signed into law in August 1939.

Its legislative history shows that that Congress intended to address deficiencies prevalent in trust indentures at the time:[3] Subject to certain exceptions, it is unlawful for any person to sell notes, bonds, or debentures in interstate commerce unless the security has been issued under an indenture and qualified under the Act.

[13] Recent jurisprudence (especially in the Southern District of New York) has expanded its reach, holding that the Act "protects the ability, and not merely the formal right, to receive payment in some circumstances,"[14] and ruling that impairment includes stripping a company's assets and removing any corporate guarantees.