Article 2 - Definitions - Depository Receipts Scheme, 2014

2. Definitions 1. In this Scheme, unless the context otherwise requires :- (a) 'depository receipt' means a foreign currency denominated instrument, whether listed on an international exchange or not, issued by a foreign depository in a permissible jurisdiction on the back of permissible securities issued or transferred to that foreign depository and deposited with a domestic custodian and includes 'global depository receipt' as defined in Section 2(44) of the Companies Act, 2013 ; (b) 'domestic custodian' means a custodian of securities, an Indian depository, a depository participant, or a bank and having permission from SEBI to provide services as custodian under this Scheme; (c) 'foreign depository' means a person which: i. is not prohibited from acquiring permissible securities; ii. is regulated in a permissible jurisdiction; and iii. has legal capacity to issue depository receipts in the permissible jurisdiction; (d) 'ICDR' means the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009.(e) 'Indian depository' means a depository under the Depositories Act, 1996; (f) 'International exchange' means a platform for trading of depository receipts, which: i. is in a permissible jurisdiction; ii. is accessible to the public for trading; and iii. provides pre-trade and post-trade transparency to the public; (g) 'permissible jurisdiction' means a 1 [ **** ] jurisdiction: i. which is a member of the Financial Action Task Force on Money Laundering; and ii. the regulator of the securities market in that jurisdiction is a member of the International Organisation of Securities Commissions; Explanation: The list of permissible jurisdictions as on the date of notification is at Schedule 1. (h)'permissible securities' mean 'securities' as defined under section 2(h) of the Securities Contracts (Regulation) Act, 1956 and include similar instruments issued by private companies which: i. may be acquired by a person resident outside India under the Foreign Exchange Management Act, 1999 ; and ii. is in dematerialised form. (i) 'right to issue voting instruction' means the right of a depository receipt holder to direct the foreign depository to vote in a particular manner on its behalf in respect of permissible securities. (j)'SEBI' means the Securities and Exchange Board of India. (k) 'unsponsored depository receipts' mean depository receipts issued without specific approval of the issuer of the underlying permissible securities. 2. Words and expressions used and not defined in this Scheme but defined in the Securities Contracts (Regulation) Act, 1956 or the Securities and Exchange Board of India Act, 1992 or the Depositories Act, 1996 or the Companies Act, 2013 or the Reserve Bank of India Act, 1934 or the Foreign Exchange Management Act, 1999 or Prevention of Money Laundering Act, 2002 and rules and regulations made thereunder shall have the meanings respectively assigned to them, as the case may be, in those Acts. ********** NOTES:- 1. Omitted vide Notification No. F. No. 9/1/2013-ECB(Pt-2). dated 07-10-2019 before it was read as foreign