Making it easier for overseas entities to invest in Indian markets, Sebi has proposed grant of registration to them within 10 days of application under the new Foreign Portfolio Investor (FPI) regime.The FPIs would be allowed to invest across a host of the capital market segments, including in shares, debentures,warrants, mutual funds, collective investment schemes,
derivatives, treasury bills and government securities.
Besides, they can also invest in the commercial papers,
security receipts of asset reconstruction companies, perpetual
debt instruments, non-convertible debentures, infrastructure
debt funds and Indian Depository Receipts.However, one FPI can hold a maximum of 10 per cent equity
shares in a company, subject to the applicable sectoral caps.Under the proposed FPI Regulations, which were approved by
Sebi's board yesterday and would be notified soon, various investor classes like FIIs (Foreign Institutional Investors)
and QFIs (Qualified Foreign Investors) would be clubbed into one single category to be known as FPIs.To make it easier for FPIs to invest in Indian markets,the new norms also provide for a permanent registration tothem, while Sebi has also exempted the lowest-risk foreign investors (such as government entities, sovereign funds and
multilateral agencies) from any registration fees.The new norms come at a time when concerns are being
raised about flight of overseas funds away from Indian markets, which was known as among the most attractive
investment destinations across the world till a few years ago.The regulations governing foreign investors have been
streamlined to make Indian market a more attractive investment destination and include easier entry norms and cost-effective
operational framework for the foreign entities.As per the draft FPI Regulations, 2013, the FPIs would
need to apply for registration through Designated Depository Participants (DDPs), which would need to dispose of the
application within ten days of its receipt.In case of additional information being sought for the
registration, the application would be required to be disposed of within 10 days of such details being furnished.
The applicants can approach Sebi for any grievance with regard to their application, while they would be required to
be given a "reasonable opportunity" to remove any deficiencyfound in their application before it being rejected.
An applicant can apply to Sebi for a reconsideration within 30 days of its application being rejected.
The draft norms also stipulate that FPIs would need to transact in securities only through registered stock brokers,
except for transactions in securities governed by RBI regulations (such as government bonds), open offers, buyback
or delisting offers and divestment of shares. To ring-fence the new regulations from possible misuse,the FPIs would need to be from countries that are member of global bodies like Financial Action Task Force (FATF), IOSCO(International Organisation of Securities Commissions).Besides, the entities from any country against which
bodies like FATF have issued warning for AML/CFT (Anti MoneyLaundering and Combating the Financing of Terrorism)
deficiencies would not be allowed to register as FPIs.As per the draft regulations, FPIs would need to inform
Sebi about any penalty, pending litigations or proceedings orinvestigations for which action may have been taken or can be
taken by an overseas regulator against it.The FPIs would also need to obtain separate and distinct
Permanent Account Number (PAN) from the Income Tax Department.In case the same set of ultimate beneficial owners invest
through multiple entities, all such entities would be treated as part of same group and their investments would be clubbed
together for the purpose of 10 per cent cap.They would also need to maintain propers books of
accounts and records, while entities having opaque structuresto hide identity of beneficial owners would not be allowed to
register as FPIs.The Sebi can also order inspections on suo motu basis or
upon receipt of any complaint, to ensure that propers accounts and records, including telephone records and electronic
records and documents, are being maintained, or to ensure compliance with the applicable norms.
The Sebi would also be entitled to recover from the concerned entity the expenses incurred for the purposes of
inspections and investigations.