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Microlesson · 5-min read

Global Depository Receipts (GDRs) - Section 41

# Global Depository Receipts (GDRs)

## What is a GDR?

A Global Depository Receipt (GDR) is a certificate issued by a depository bank abroad that holds shares of an Indian company. The GDR trades on a foreign exchange in foreign currency, while the underlying shares stay with the Indian custodian.

## Definition — Section 2(44)

A GDR is a depository receipt created by a foreign depository outside India, authorised by a company to issue such receipts.

## Issuance — Section 41

A company may issue GDRs in foreign countries after passing a Special Resolution in its general meeting and subject to prescribed conditions.

## Manner and Form of Issue

1. Mode of issue: Public offering, private placement, or any other manner permitted in that jurisdiction.

2. Listing: Can be listed/traded on platforms in the foreign jurisdiction.

3. Underlying shares: May be against fresh shares or existing shares of current shareholders, subject to RBI/CG conditions.

4. Allotment Route: Underlying shares are allotted in the name of the Overseas Depository Bank (ODB); the ODB issues GDRs to investors.

## Voting Rights

  • A GDR holder is NOT a member of the company.
  • To get membership and voting rights, the holder must convert the GDR into underlying shares.
  • Until conversion, the Overseas Depository Bank votes on behalf of GDR holders, as per the deposit agreement.

## Why Companies Issue GDRs

  • Access to foreign capital markets.
  • Foreign investors who cannot easily hold Indian shares directly can hold GDRs in their local market.
  • Builds international visibility.

## Mind Map

```

Indian Company → Allots shares → Domestic Custodian Bank → Overseas Depository Bank

Issues GDRs to

Foreign Investors

```

Worked example

### Example 1

Example: A foreign investor holds 1,000 GDRs of an Indian company. Can he vote at the company's AGM?

Answer: No. The GDR holder is not a member. He must first surrender the GDRs to the ODB and convert them into underlying shares; only then can he be entered in the Register of Members and exercise voting rights. Until conversion, the ODB votes on his behalf based on the deposit agreement.

⚠️ Common exam mistakes

  • Treating GDR holders as automatic members of the company with voting rights — they are NOT members until conversion.
  • Assuming a Board Resolution suffices to issue GDRs — Section 41 requires a Special Resolution.
  • Forgetting that underlying shares are allotted to the ODB (not the foreign investor).
Bare-Act text Sections 2(44) and 41 · Companies Act, 2013 · click to expand
Section 41 – A company may, after passing a special resolution in its general meeting, issue depository receipts in any foreign country in such manner, and subject to such conditions, as may be prescribed. Section 2(44) – 'Global Depository Receipt' means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts.
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