Business Standard

FPIS seek delay in implementa­tion of Sebi’s DR diktat

Investors in US, UK, EU are obtaining legal advice on circular

- ASHLEY COUTINHO More on business-standard.com

The Asia Securities Industry and Financial Markets Associatio­n (Asifma), a lobby group for foreign portfolio investors (FPIS), has requested the Securities and Exchange Board of India (Sebi) to postpone its diktat on monitoring foreign holding in depository receipts (DRS) by another three months, citing legal hurdles in implementi­ng the circular in its present form.

The new norms — that became applicable from April 1 and were already postponed by a month — require designated depository participan­ts or custodians to collect, monitor, and report informatio­n every month on offshore derivative­s instrument­s (ODIS) and DRS held by FPIS and those foreign entities which belong to the investor group of FPIS.

The industry body has said that investors in the US, the UK, and the European Union are in the process of obtaining legal advice on the circular. It has sought interactio­n with Sebi, considerin­g the numerous challenges involved in implementi­ng the circular.

Asifma has told Sebi it is engaging in external counsel to seek advice on whether the data relating to holdings in DRS and ODIS outside India can be obtained on legal and regulatory grounds, and the aspects that need to be kept in mind while collating the informatio­n. “The detailed work of aggregatin­g data across multiple legal entities in a new way is operationa­lly challengin­g and work on scoping and resourcing this is in early stages, and dependent on the legal advice and dialogue with Sebi,” the letter to Sebi stated.

In an earlier letter, Asifma had pointed out that a similar structure for reporting ODIS and DRS was not applicable in any other jurisdicti­on and the associatio­n was not aware of any publicly available DR holdings data that could be connected to institutio­nal reference data systems.

It had also pointed to concerns on data security. "The informatio­n that is sought from investors is highly sensitive and it would present significan­t data security regulatory challenges to share such informatio­n over e-mail. Cybersecur­ity threats, particular­ly when data is transferre­d between market participan­ts, are heightened and require greater encryption.”

Separately, custodians have highlighte­d confidenti­ality concerns while disclosing informatio­n to custodians through nodal FPIS, especially when there is no accountbas­ed relationsh­ip between the FPIS part of the investor group and the custodian.

To get around this problem, custodians want depositori­es to develop a centralise­d web portal to facilitate the nodal FPI or FPI to report the underlying Indian security represente­d by the ODI or DR directly to the depository. Custodians have pointed out that at present, the depository accounts are opened in the name of registered FPIS and securities are safely kept in that account. For such FPIS, custodians do not maintain the record of the underlying Indian security represente­d by the ODI or DR.

 ?? ILLUSTRATI­ON: BINAY SINHA ??
ILLUSTRATI­ON: BINAY SINHA

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