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Business, Compliance

Your company can't issue new shares, ESOPs, or a rights issue, until your foreign parent's own shares are dematerialised

Rule 9B has applied to private companies since October 2023. The part that catches a foreign-owned subsidiary specifically: the size-based exemption everyone assumes covers a small operation was never available to you in the first place.

Your Indian subsidiary wants to issue new securities, an ESOP grant, a fresh funding round, a rights issue, a bonus issue. The Registrar's portal, or your CS, tells you it can't go through: the company's securities aren't dematerialised, and neither is the foreign parent's own shareholding. Most founders assume a small operation is exempt from this, since the rule targets companies past a certain size. That assumption is exactly what doesn't hold once a foreign parent sits on the cap table.
Last reviewed: 6 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Rule 9B, Companies (Prospectus and Allotment of Securities) Rules 2014, requires every private company other than a "small company" to issue securities only in dematerialised form. A holding or subsidiary company is statutorily excluded from "small company" status under Section 2(85) of the Companies Act, regardless of its paid-up capital or turnover, even after the small-company size thresholds themselves were raised (to ₹10 crore paid-up capital and ₹100 crore turnover) with effect from 1 December 2025. So an Indian company with a foreign parent holding shares in it is never a small company for this purpose, however modest its own revenue, and Rule 9B always applies. The compliance deadline (extended once already, to 30 June 2025) has now passed, so a non-compliant company is already in continuing default, not waiting for a deadline. Until the company's securities are dematerialised, including the foreign parent's own holding, it cannot issue or allot any new securities in any form, including bonus shares, an ESOP grant, a rights issue, or a fresh round, and cannot buy back shares either.

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"We're too small for this" is the assumption Rule 9B doesn't allow here

Rule 9B exempts a "small company" from the demat requirement, and most founders read that as a size test, stay under the turnover and paid-up-capital caps and it doesn't apply. That test only ever reaches a company with no holding or subsidiary relationship. Section 2(85) excludes any holding company, subsidiary company, or Section 8 company from "small company" status outright, regardless of how small its own numbers are. A foreign parent holding shares in your Indian company makes your company a subsidiary. That exclusion held even when the small-company size thresholds themselves were raised in December 2025, since it's a separate carve-out, not a size line. An early-stage, single-digit-revenue subsidiary of a foreign parent is caught by Rule 9B on day one, the same as a large one.

What actually gets blocked, and since when

Once caught, and not yet compliant, the company cannot issue or allot any securities in any form. That includes an ESOP grant to a new hire, a bonus issue, a rights issue to existing shareholders, a fresh funding round, and a buyback. A shareholder whose own holding isn't dematerialised also can't sell it or subscribe to new securities. This isn't a future deadline to plan around: the compliance window, extended once already from September 2024 to 30 June 2025, has already passed, so a company that hasn't dematerialised is in ongoing default now, with the penalty running per day since. The Registrar has already penalised real companies for exactly this, one 2026 order found a company that didn't qualify as small as of its FY2023 balance sheet still hadn't complied by the extended deadline.

What the foreign parent actually has to do, and why it takes longer than a resident shareholder's KYC

Dematerialising the company's securities means the company itself needs an ISIN issued by a depository (NSDL or CDSL) and a Registrar and Transfer Agent appointed, and every shareholder, including the foreign parent, needs its own demat account. For the foreign parent specifically, that means its own PAN (mandatory before a demat account can be opened at all), and KYC documents, an authorised-signatories list, constitutional documents, notarised and apostilled, since they originate outside India. None of that is unusual paperwork on its own, but apostille and cross-border document exchange with a foreign parent routinely takes weeks, not the same few days a resident shareholder's KYC takes, so it needs to start well before the next share issuance is actually needed, not once a term sheet is already signed.

What goes wrong without a CA

The recurring pattern: a founder budgets time for the ESOP grant, the funding round, or the rights issue itself, and only discovers the demat prerequisite when the filing bounces back, at which point the foreign parent's apostille process becomes the thing actually holding up a round that was otherwise ready to close. Starting the dematerialisation, the company's own ISIN and RTA appointment, and the foreign parent's demat account and apostilled KYC, well ahead of the next planned issuance is what keeps this from becoming the bottleneck on a deal with its own timeline.

What's involved

What the CA actually does

  1. 1

    We confirm Rule 9B actually applies, and where you stand

    We check your company's own dematerialisation status and whether the foreign parent's shareholding is already dematted, so you know exactly what's outstanding before any new issuance is planned.

  2. 2

    We get the company's own demat infrastructure in place

    We coordinate obtaining the company's ISIN from a depository and appointing a Registrar and Transfer Agent, the company-level prerequisites that sit alongside the shareholders' own accounts.

  3. 3

    We start the foreign parent's demat account and apostille process early

    We get the foreign parent's PAN application, demat account opening, and the notarised, apostilled KYC documentation moving well before your next planned issuance, so it isn't the thing blocking a round or an ESOP grant later.

What to have ready

Documents you'll typically need

  • The company's current shareholding register, showing which holders are already dematerialised
  • The foreign parent's incorporation documents and authorised-signatories list
  • The foreign parent's PAN, if already obtained
  • Details of the next planned issuance (ESOP grant, funding round, rights or bonus issue) and its target timeline

References on this page

  • Rule 9B, Companies (Prospectus and Allotment of Securities) Rules 2014 (inserted by amendment effective 27 October 2023): every private company other than a small company and a government company must issue securities only in dematerialised form and facilitate dematerialisation of all its existing securities
  • Section 2(85), Companies Act 2013, as amended: a holding company, a subsidiary company, or a Section 8 company is excluded from "small company" status regardless of paid-up capital or turnover; the size thresholds themselves (paid-up capital, turnover) were separately raised to ₹10 crore and ₹100 crore with effect from 1 December 2025 (Companies (Specification of Definition Details) Amendment Rules, 2025), without altering this exclusion
  • Companies (Prospectus and Allotment of Securities) Amendment Rules, 2025 (12 February 2025): extended the compliance deadline for private companies, Section 8 companies and Nidhi companies to 30 June 2025 (producer companies separately extended to 31 March 2028)
  • Non-compliant company cannot issue or allot any securities, including bonus shares, in any form, and cannot undertake a buyback; non-dematerialised shareholders cannot transfer or subscribe to further securities
  • Penalty for contravention: Rs 10,000 plus Rs 1,000 for each day of continuing default, capped at Rs 2,00,000 for the company and Rs 50,000 for each officer in default

Frequently asked questions

Common questions

No, not if a foreign entity holds shares in your company. Section 2(85) excludes any holding or subsidiary company from "small company" status regardless of its size, so a foreign-owned subsidiary is caught by Rule 9B on day one, whatever its turnover.

You can't issue or allot any new securities in any form, an ESOP grant, a bonus issue, a rights issue, or shares in a fresh funding round, and you can't do a buyback either. A shareholder who isn't dematerialised also can't sell their existing shares or subscribe to new ones.

No, the deadline has already passed. It was extended once, from September 2024 to 30 June 2025, and that date is now behind us, so a company that hasn't dematerialised is already in continuing default, with the per-day penalty running since.

The parent needs its own PAN before it can even open a demat account, plus notarised and apostilled KYC documents and an authorised-signatories list, since those originate outside India. Apostille and cross-border document exchange routinely takes weeks, so it needs to start well before your next planned share issuance, not once a deal is already signed.

Planning a new share issuance, ESOP grant, or funding round?

Tell us your company's current shareholding and dematerialisation status. A practising CA will confirm what's outstanding and get the company and your foreign parent's own demat requirements moving in time, on a free call, no obligation.

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