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SEBI To Seek Details Of Depository Receipt Owners (03-Aug-2010)

Indian-Commodity  :  Economy-News  :  SEBI To Seek Details Of Depository Receipt Owners
SEBI To Seek Details Of Depository Receipt Owners
Securities and Exchange Board of India (SEBI), in order to promote transparency in the issue of depository receipts (DR) and its ownership, is mulling over the idea of seeking details relating to the owners of the receipts.

The market regulator is of the opinion that the promoters of companies use instruments like DRs in order to keep an indirect control over their firms. The promoters issue these DRs to foreign investors for underlying equity shares of the domestic company which are deposited with a local custodian bank. The regulator wants that the list of these foreign investors should be disclosed to discourage rule-breakers from unlawful holdings.

Most companies in India refrain from revealing the details of DR owners which is against the clause 35 of the listing agreement,stating about the disclosures of the DR holders. Though, the current norms mandates the companies to disclose the details, it has not been followed judiciously by most companies who are against the set rules. So the SEBI has taken this decision to seek the details relating to the ultimate beneficiaries of the DRs issued by the Indian companies.

The SEBI also explained that the voting rights of the foreign depository receipts holders are limited by the clause in the “terms of issue” set by Indian companies. As per the “term of issue” the voting rights of the foreign depository receipts holders cannot trigger takeover norms.

Meanwhile, the holders of ADRs and GDRs were made on par with local investors last September by SEBI by redefining the term acquirer.




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