What are conditions for issuance and listing of Non-Equity Regulatory Capital Instruments by Banks ? Enumerate in brief.

CS Professional · Corporate Funding & Listings in Stock Exchanges · PYQS · June 2022
What are conditions for issuance and listing of Non-Equity Regulatory Capital Instruments by Banks ? Enumerate in brief.

Answer & Explanation:

Issuance and listing of Non-Equity Regulatory Capital Instruments by Banks The provisions of Chapter VI of SEBI (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations, 2013 shall apply to the issuance and listing of Perpetual Non-Cumulative Preference Shares and Innovative Perpetual Debt Instruments by banks. No issuer other than a bank shall issue such instruments subject to the prior approval and in compliance with the Guidelines issued by RBI. If a bank is incorporated as a company under Companies Act, 2013, it shall, in addition, comply with the provisions of Companies Act, 2013 and/or other applicable statues. The bank shall comply with the terms and conditions as may be specified by SEBI from time to time and shall make adequate disclosures in the offer document regarding the features of these instruments and relevant risk factors and if such instruments are listed, shall comply with the listing requirements. Alternate Answer Conditions for Issuance and listing of Perpetual Debt Instruments, Perpetual Non-cumulative Preference Shares and Similar Instruments Issuers permitted by the RBI to issue perpetual debt instruments, perpetual non-cumulative preference shares and instruments of similar nature forming part of non-equity regulatory capital may list such instruments after complying with the conditions stipulated under chapter V of SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 2021. An issuer may issue such instruments in compliance with the guidelines issued by the RBI and/or any other relevant applicable laws. Issuers of these securities shall be required to make the disclosures as specified under Schedule II of SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 202; any disclosure as provided under the guidelines framed by the RBI or the Companies Act, 2013 (18 of 2013), as applicable; and any other disclosures as may be specified by the SEBI. The issuer shall comply with the terms and conditions as may be specified by the SEBI from time to time and shall make adequate disclosures in the offer document regarding the features of these instruments and relevant risk factors and if such instruments are listed, shall comply with the listing regulations. The SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 2021 have come into force vide SEBI notification dated August 09, 2021 and SEBI (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations, 2013) stands repealed.

Topics: Regulatory Capital Instruments

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