The Securities and Exchange Board of India
("SEBI") vide its circular
dated October 10, 2019, has notified a detailed framework for
issuance of depository receipts ("DRs")
by a company incorporated and listed on a recognized stock exchange
in India. The new framework which has come into force with
immediate effect, sets out eligibility requirements as well as
certain obligations to be complied with by issuers of DRs. Further,
the Depository Receipts (Amendment) Scheme, 2019 has also been
notified on October 7, 2019 which amends the definition of
'permissible jurisdiction', inter alia, to include
the International Financial Services Centre in India.
Under the provisions of the erstwhile Issue of Foreign Currency
Convertible Bonds and Ordinary Shares (Through Depository Receipt
Mechanism) Scheme, 1993, DRs could be issued only by companies
listed on Indian stock exchanges. This scope was broadened
vide the Depository Receipts Scheme, 2014
("2014 Scheme") notified by