Rule 8 - Issue of Employees Stock Options , sweat equity shares and Share Based Employee Benefits to persons resident outside India - Foreign Exchange Management (Non-debt Instruments) Rules, 2019

1 [8. Issue of Employees Stock Options , sweat equity shares and Share Based Employee Benefits to persons resident outside India. - An Indian company may issue employees stock option , sweat equity shares , and Share Based Employee Benefits to its employees or directors or employees or directors of its holding company or joint venture or wholly owned overseas subsidiary or subsidiaries who are resident outside India: Provided that. - (a) the scheme has been drawn either in terms of regulations issued under the Securities and Exchange Board of India Act, 1992 or the Companies (Share Capital and Debentures) Rules, 2014 or as per other applicable law, as the case may be; (b) the employee s stock option or sweat equity shares or Share Based Employee Benefits so issued under the applicable rules or regulations are in compliance with the sectoral cap applicable to the said company; (c) the issue of employee s stock option or sweat equity shares or Share Based Employee Benefits in a company where foreign investment is under the approval route shall require prior government approval; (d) issue of employee s stock option or sweat equity shares or Share Based Employee Benefits to a citizen of Bangladesh or Pakistan shall require prior government approval : Provided further that an individual who is a person resident outside India exercising an option which was issued when he or she was a person resident in India shall hold the shares so acquired on exercising the option on a non-repatriation basis. ] ************* NOTES:- 1. Substituted vide Notification No. S.O. 1802(E) dated 12-04-2022 before it was read as, 8. Issue of Employees Stock Options and sweat equity shares to persons resident outside India. -An Indian company may issue employees stock option and/ or sweat equity shares to its employees or directors or employees or directors of its holding company or joint venture or wholly owned overseas subsidiary or subsidiaries who are resident outside India: Provided that. - (a) the scheme has been drawn either in terms of regulations issued under the Securities and Exchange Board of India Act, 1992 or the Companies (Share Capital and Debentures) Rules, 2014, as the case may be; (b) the employee s stock option or sweat equity shares so issued under the rules or regulations are in compliance with the sectoral cap applicable to the said company; (c) the issue of employee s stock option or sweat equity shares in a company where investment by a person resident outside India is under the approval route shall require prior government approval and issue of employee s stock option or sweat equity shares to a citizen of Bangladesh or Pakistan shall require prior government approval : Provided further that an individual who is a person resident outside India exercising an option which was issued when he or she was a person resident in India shall hold the shares so acquired on exercising the option on a non-repatriation basis.