Purchase / Acquisition of foreign securities by a person resident India

A person being an resident individual in India, can acquire foreign securities through automatic route. Reg 22 of Transfer or issue of any Foreign Security Regulations, 2004.

An individual may acquire  foreign securities
- by way of gift from a person resident outside India.
- issued by Foreign company under cashless Employee Stock Exchange Option Scheme(ESOS).

A person resident in India, being an individual , who is an

- Employee or Director of Indian office or
- Employee of branch office of foreign company or
- Employee or Director of a subsidiary in India of foreign company or
- Employee or Director of Indian company in which foreign company holds note less than 51 percent of equity shares

may accept the shares offered by such foreign company under Employee Stock Option Plan (ESOP).

provided Shares issued under ESOP by the foreign company globally on uniform basis and remittance for acquire the should be through normal banking channels i.e through AD bank.

Difference between the Sweat equity shares and ESOP or ESOS ?

1> Sweat Equity is grant of shares at discount or without monetary considerations whereas Employee Stock  Option Plan (ESOP) / Employee Stock Option Scheme Scheme (ESOS) is grant of option to purchase share at predetermined price given to employees.


2> Sweat Equity can be issued to the promoters of the Company whereas ESOS/ESOP cannot be issued to the promoters or promoter group.


3> Minimum lock in period of 3 years for Sweat Equity whereas no such lock in period for ESOP and lock in period of 1 year for Employee stock purchase scheme (ESPS).