Cabinet Gives Nod For Direct Overseas Listing Of Indian Companies

In a significant move, the Cabinet on Wednesday approved a proposal to allow direct listing of Indian companies overseas. The Companies Act, 2013 would be amended to include enabling provisions that would permit foreign listing of Indian corporates.

Currently, some Indian companies have American Depository Receipts (ADRs) that are traded in the US and other corporates have their Global Depository Receipts (GDRs).

Briefing reporters about the Cabinet decisions, Union minister Prakash Javadekar said that a proposal allowing listing of Indian companies abroad has been approved by the Cabinet.

Apart from providing an additional fund-raising avenue for the corporates looking to expand and boost their business activities, overseas listing of shares would also help in bringing more capital into the country.

According to the corporate affairs ministry, amendment would be made in Section 23 of the Act to include enabling provisions to allow direct listing of securities by Indian public companies in permissible foreign jurisdictions.

The ministry is implementing the Act.

Under the Act, public companies should have at least seven shareholders and have no restriction on transferability of their shares, among other criteria.

Corporate Affairs Secretary Injeti Srinivas said the Act would have enabling provisions for listed as well as unlisted companies in India to list their shares abroad.

These provisions would be subject to certain conditions.

"So making this enabling provision(s)... that is the proposal which Cabinet has approved," he said.

According to him, it would be broad enabling provisions. The class of companies, types of instruments that can be listed and other things would be notified in the rules.

The roll-out of the scheme in this regard might take a few months, he added.

"Now, like just you had a scheme for GDR/ADR, what will be the tax treatment and other issues? Most of it (will) get covered in subordinate legislation. It does not involve any amendment per se to the best of my understanding," Mr Srinivas said.

Mr Srinivas and Finance Minister Nirmala Sitharaman were also present at the briefing.

A depository receipt is a foreign currency denominated instrument, listed on an international exchange, issued by a foreign depository to a domestic custodian and includes GDRs.