Standard Chartered Indian Depository Receipts Frequently Asked ...

September 27, 2013
connection with the deposit of IDRs, cancellation or redemption of IDRs, release of Equity Shares or any
subsequent sale thereof. IDR holders are advised to consult their own counsel and advisors as to the tax
consequences of redemption of IDRs into underlying equity shares under Indian and other applicable laws,
before making an application for redemption.
What are the RBI laws and FEMA laws that are be applicable for redemption of IDRs into underlying
Equity Shares?
• Broadly, the IDR Holder opting for redemption of IDRs into underlying Equity Shares should note the
following:
In terms of the RBI circular dated July 22, 2009, listed Indian companies and Indian mutual funds
registered with SEBI may either sell or continue to hold the underlying Equity Shares subject to the
terms and conditions in Regulation 6B and 7 of Foreign Exchange Management (Transfer or Issue of
any Foreign Security) Regulations, 2004, as amended and other persons resident in India including
resident individuals are allowed to hold the underlying Equity Shares only for the purpose of sale within
a period of 30 days from the date of redemption of the IDRs into underlying Equity Shares; and
Further, under the liberalized remittance scheme, an Indian individual can invest in the Equity Shares of
Standard Chartered up to US$75,000. Further, a company incorporated in India can invest only up to
50% of its net worth by way of overseas portfolio investments per financial year.
When can an Equity Shareholder apply for conversion of Equity Shares into IDRs?
• Equity Shareholders of Standard Chartered will be able to submit Conversion Forms for conversion of Shares
into IDRs on deposit of Equity Shares on a continuous basis following the quarter ending 30 June, 2013,
subject to available headroom.
When will the headroom announced by the Domestic Depository?
• The Domestic Depository shall announce the headroom on a continuous basis after the completion of the first
redemption window in the quarter ending June 30, 2013.
How will headroom be calculated for the purpose of conversion of Equity Shares into IDRs?
• As per the Circular, headroom will be calculated by subtracting the number of outstanding IDRs and the IDRs
redeemed into Equity Shares from the number of IDRs originally issued by Standard Chartered.
• The initial headroom will be announced after completion of the first redemption window in the quarter ending
June 30, 2013. Thereafter, the Domestic Depository will announce the changes to the headroom after
processing the conversion requests and re-issuance of IDRs.
Who can apply for conversion of Equity Shares into IDRs?
• Equity Shareholders of Standard Chartered who are:
legal and beneficial owner of and have good and valid title to the Equity Shares and shall hold such
Equity Shares free and clear of all pledges, liens, charges, encumbrances, equities, security interests,
third party rights or such other similar claims; and
eligible to hold IDRs under applicable laws and regulation of its respective jurisdiction.
Equity Shareholders may only submit Conversion Forms, pursuant to which Shares may be converted into IDRs,
in circumstances where the submission of such Conversion Form and the conversion of the relevant Shares into
IDRs does not give rise to any requirement on the part of Standard Chartered, the Domestic Depository, the
Overseas Custodian or the R&T Agent in any jurisdiction to comply with any filing or other requirement or to pay
any fees or expenses. Any Conversion Form in respect of which the foregoing applies will be rejected. By
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