The Securities and Exchange Board of India (SEBI), has directed that foreign investors with ‘opaque’ structures will not be allowed to come in under the new Foreign Portfolio Investor (FPI) regime. The market regulator has notified that some foreign entities use complex multi-fund structures such as multi-class share vehicle (MCV) or protected cell companies (PCCs) to invest in India which can lead to possible round-tripping or money laundering activities.
SEBI further stated that the FPI applicant would need to give a declaration that they were not operating as PCCs, MCVs or any such equivalent structures. However, an overseas FPI applicant will not be considered as opaque structure if it is firmly regulated by its home jurisdiction. Such funds will be considered for grant of registration after meeting certain conditions. Under the new regime, FPIs excluding high-risk profile entities would also be allowed to issue participatory notes.
The new Foreign Portfolio Investor (FPI) regime will be implemented from next month and all existing investor classes such as Foreign Institutional Investors (FIIs), their sub-accounts and Qualified Foreign Investors (FIIs) to be counted as FPIs. New foreign investors wishing to invest in Indian markets will have to register as FPIs, which has divided the investors into three categories on their risk profiles. The Category I FPIs include lowest risk entities such as foreign governments and government related foreign investors. Category II FPIs include appropriately regulated broad based funds and regulated entities, university related endowments and pension funds etc, while Category III FPIs include all others not eligible under the first two categories.
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