With a view to rationalize and simplify the procedures, the Reserve Bank of India (RBI) has allowed Indian companies to issue non-convertible or redeemable preference shares or debentures to non-resident shareholders from their reserves as bonus. Further, this facility will also encompass the depositories that act as trustees for the ADR/GDR holders. Up-till now, India’s central bank has granted permission for such issuance only on case-to-case basis.
RBI’s decision come in the backdrop of reference from some Indian companies to issue non-convertible or redeemable bonus preference shares or debentures to non-resident shareholders from the general reserve under a scheme of arrangement by a court, under the provisions of the Companies Act. However, India’s central bank has only allowed for issue of non- convertible/redeemable preference shares or debentures to non- resident shareholders by way of distribution as bonus from the general reserves.
Further, it has also clarified that issue of preference shares (excluding non-convertible/redeemable preference shares) and convertible debentures (except optionally convertible or partially convertible debentures) would be subject to Foreign Direct Investment Scheme.
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