Business Standard

Sebi panel sweetens deal for FPIs

- PAVAN BURUGULA & SHRIMI CHOUDHARY

ASecuritie­s and Exchange Board of India (Sebi)-appointed experts group on Saturday made a slew of recommenda­tions which are likely to soothe the nerve of foreign portfolio investors (FPIs). The HR Khan-led committee on easing access norms for overseas investors has recommende­d significan­t relaxation­s to the controvers­ial April 10 circular issued by the capital markets regulator.

In an interim report, the committee has proposed allowing non-resident Indians (NRIs) to hold non-controllin­g stake in foreign funds. Further, it has said people of Indian origin (PIOs) should be exempted from the ownership restrictio­ns.

The move comes as a relief to FPIs, as several overseas investors have expressed concerns about the April 10 circular.

More importantl­y, the panel has recommende­d that the beneficial ownership (BO) norms mentioned in the circular would only be applicable for KYC purposes, and not for determinin­g the ownership of a fund.

Experts said the recommenda­tions made by the Khan panel would help assuage most of the concerns raised by FPIs.

The measures come amid a backlash from overseas investors, who said the applicabil­ity of the circular would hit as much as $75 billion of FPI assets in India.

“There were mainly two concerns. The circular would have required NRIs, PIOs and Indian fund managers to unwind and discontinu­e investing as FPI even if the money managed of foreign investors. The second concern was the aggregatio­n of FPI limits in case of common beneficial owners in a situation where it was determined based on senior management officer (SMO) even if there was no common ownership. The recommenda­tion of the committee addresses both these issues,” said Tushar Sachade, partner, financial services, PwC India.

The circular had said the end beneficial owner (BO) of a fund would be determined both by ownership as well as ‘control’.

This had caused concerns that all the funds managed by a single manager could be clubbed for FPI limit calculatio­n purposes. Also, overseas funds managed by NRIs or PIOs would have been rendered ineligible.

“The committee recommenda­tion that the circular would be applied for KYC purposes only is a huge relief,” said an foreign fund manager.

Any entity or person who happens to be a BO according to the new rules will not be subject to any investment restrictio­ns but will be required to provide additional KYC.

 ??  ??

Newspapers in English

Newspapers from India