Ministry of Corporate Affairs, on January 24, 2024, issued the Companies (Listing of Equity Shares in Permissible Jurisdictions) Rules, 2024. These rules provide a framework for unlisted and listed public companies to issue equity shares for listing on permitted stock exchanges in permissible jurisdictions. The Companies (Listing of Equity Shares in Permissible Jurisdictions) Rules, 2024, present a structured framework for companies seeking to list their equity shares on permitted stock exchanges.
Ministry of Finance, has amended Foreign Exchange Management (Non-debt Instruments) Rules, 2019, and notified the ‘Direct Listing of Equity Shares of Companies Incorporated in India on International Exchanges Scheme’.
This policy initiative, to enable listing of Indian companies in GIFT-IFSC, will reshape the Indian capital market landscape and offers Indian companies, especially start-ups and companies in the sunrise and technology sectors, an alternative avenue to access global capital beyond the domestic exchanges.
A new Rule 34 in chapter X has been inserted in the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 which permits the Investment by permissible holders in Equity Shares of Public Companies Incorporated in India and Listed on International Exchanges. As per the amended norms, a public Indian company may issue equity shares or offer equity shares of existing shareholders on a Specified International Exchange. The list of List of International Exchanges are a) IFSC in India-India International Exchange, b) NSE International Exchange. Further, amended norms allow the permissible holder to purchase or sell equity shares of an Indian company listed on an international exchange subject to the limit specified for foreign portfolio investment.
The eligibility criteria for the direct Listing of Equity Shares of Companies Incorporated in India on the International Exchanges Scheme and for the purchase and sale of equity shares by the permissible holders has also been specified.
The new MCA rules specified that Section 8 or Nidhi companies, companies having negative net worth, company limited by guarantee and also having share capital and those having outstanding deposits from the public, will not be eligible for listing.
MCA has launched the LEAP-1 form under the Companies (Listing of equity shares in permissible jurisdictions) Rules, 2024 for compliance related filings. The unlisted public company shall file the prospectus in e-Form LEAP-1 along with the fees within a period of seven days after the same has been finalised and filed in the permitted exchange.
Read the Amended Regulations at: MCA Rules GIFT IFSC
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