List out any 5 (five) features of Depository Receipts Scheme, 2014.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2018
List out any 5 (five) features of Depository Receipts Scheme, 2014.
Answer & Explanation:
Some of the features of Depository Receipts Scheme, 2014: The Scheme applies only to GDR issue and not FCCB issue which is governed under issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depository Receipt Mechanism) Scheme, 1993 and guidelines issued by the Government of India thereunder from time to time. Any Indian company whether listed or otherwise, whether public or private, any other issuer of permissible securities and any person holding permissible securities can issue GDRs as long as they are not specifically prohibited from accessing capital market or dealing in securities. As per the definition of Depositary Receipt, it covers only those DRs issued by a foreign depository in permissible jurisdiction. Permissible jurisdiction means a foreign jurisdiction which is a member of the Financial Action Task Force on Money Laundering; and the regulator of the securities market in that jurisdiction is a member of the International Organisation of Securities Commissions. Schedule 1 to this Scheme provides for a list of 34 nations under permissible jurisdiction. The aggregate of permissible securities which may be issued or transferred to foreign depositories for issue of depository receipts, along with permissible securities already held by persons resident outside India, shall not exceed the limit on foreign holding of such permissible securities under the Foreign Exchange Management Act' 1999. The permissible securities shall not be issued to a foreign depository for the purpose of issuing DRs at a price less than the price applicable to corresponding mode of issue to domestic investors. The foreign depository is entitled to voting rights if any, associated with those permissible securities whether pursuant to voting instructions from the holders of depository receipts or otherwise. GDR issue does not require any approval from Government authority if it is as per this scheme. However, if any approval is necessary for issue or transfer of permissible securities to a person resident outside India (under FEMA 1999), then it shall be taken before issue of GDRs.
Topics: Depository Receipts
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