Oct 01, 2016

Amendments to the SEBI (Foreign Portfolio Investment) Regulations, 2014

SEBI, by way of a notification dated July 8, 2016, amended the SEBI (Foreign Portfolio Investment) Regulations, 2014, by substituting Regulation 22(2). The amendment stipulates that a foreign portfolio investor (‘FPI’) is required to ensure that transfer of offshore derivate instruments (‘ODIs’) issued by or on behalf of it, is made subject to: (i) the ODIs being transferred to persons subject to fulfilment of Regulation 22(1), i.e., no FPI may issue, subscribe to or otherwise deal in ODIs, directly or indirectly, unless: (a) such ODIs are issued only to persons who are regulated by an appropriate foreign regulatory authority, and (b) such ODIs are issued after compliance with ‘know your customer’ norms; and (ii) prior consent of the FPI having been obtained for such transfer (except when the transferee has been pre – approved by the FPI).

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