SEBI proposes depository receipts
framework for REITs and listed InvITs
Markets regulator SEBI on Tuesday proposed allowing
issuance of Depository Receipts (DRs) against units of Real Estate Investment
Trusts and publicly listed Infrastructure Investment Trusts to widen investment
options for overseas investors and attract foreign capital.
Depository Receipts are foreign currency-denominated
instruments issued by a foreign depository in a permissible jurisdiction
against securities deposited with a domestic custodian in India.
Overseas trading avenue for foreign
investors
Under the proposed framework, Real Estate Investment
Trusts (REITs) and publicly listed Infrastructure Investment Trusts (InvITs)
would be permitted to issue DRs in permissible overseas jurisdictions, enabling
foreign investors to trade such instruments in foreign currency on permitted
international exchanges.
However, SEBI has proposed keeping privately listed
InvITs outside the ambit of the framework.
In its consultation paper, SEBI said a framework for
issuance of DRs on units of REITs and InvITs will enable them to issue DRs in
permissible jurisdictions, thereby providing an additional investment option
for foreign investors.
It will be beneficial for foreign investors as DRs
allow trading in foreign currency on the permitted international exchange(s). It
will also help in attracting foreign capital in REITs and InvITs, SEBI said.
Existing rules and regulatory gap
At present, units of REITs and InvITs are
denominated in Indian rupees and listed on recognised stock exchanges in India.
Such trusts can invite subscriptions and allot units to foreign investors,
subject to guidelines specified by the Reserve Bank of India (RBI) and the
government.
SEBI noted that units of REITs and InvITs qualify as
permissible securities under the Depository Receipts Scheme 2014. Further,
the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, permit
persons residing outside India to invest in REIT and InvIT units.
Consequently, the existing DR Scheme and foreign
investment rules permit issuance of DRs against REIT and InvIT units. However,
there is currently no enabling provision or corresponding framework under
SEBI's REIT and InvIT regulations for such issuances.
Proposed amendments and public
consultation
To address this gap, SEBI has proposed inserting enabling
provisions in the REIT Regulations and InvIT Regulations to allow DRs to be
issued against units of REITs and publicly offered InvITs, subject to
compliance with the regulations and conditions specified by the regulator.
The Securities and Exchange Board of India (SEBI)
has sought public comments on the proposals by August 25.
www.thehindubusinessline.com,
dt. 05-08-2026