A limited two-way fungibility scheme has been put in place by the Government of India for ADRs/GDRs. Explain the scheme with relevant provisions.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2016
A limited two-way fungibility scheme has been put in place by the Government of India for ADRs/GDRs. Explain the scheme with relevant provisions.

Answer & Explanation:

Answer 4(b) A limited Two-way Fungibility scheme has been put in place by the Government of India for ADRs/GDRs. Under this scheme, a stock broker in India, registered with SEBI, can purchase shares of an Indian company from the market for conversion into ADRs/GDRs based on instructions received from overseas investors. Reissuance of ADRs/GDRs would be permitted to the extent of ADRs/GDRs which have been redeemed into underlying shares and sold in the Indian market. The scheme thus, provides for purchase and re-conversion of only as many shares into ADRs/GDRs which are equal to or less than the number of shares emerging on surrender of ADRs/GDRs which have been actually sold in the market.

Topics: Foreign Exchange Management Act (FEMA)

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