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Comply with portfolio investment norms to invest via P-Notes: SEBI

25 Nov 2014 Evaluate

Amid concerns over increasing misuse of Offshore Derivative Instruments (ODI) or P-Notes for money laundering and other such purposes, the Securities and Exchange Board of India (SEBI) has notified that foreign portfolio investments coming in through ODI route will now be aligned with the eligibility and investment norms applicable to foreign portfolio investors (FPI).

P notes used by investors or hedge funds that are not registered with the Securities and Exchange Board of India to invest in Indian through registered foreign institutional investors. Any dividends or capital gains collected from the underlying securities go back to the investors.The investments through P-Notes in India rose to nearly seven-year high of over Rs 2.65 lakh crore by the end of October 2014.

SEBI clarified that an FPI shall issue ODIs only to those subscribers which meet the eligibility criteria as laid down in SEBI’s FPI Regulation 4 which stated that an FPI applicant shall not be granted registration unless the entity is the resident of a country whose securities market regulator is a signatory to International Organization of Securities Commission’s (IOSCO). SEBI further clarified that investment restrictions applicable to foreign portfolio investors would also apply to ODIs. Two or more ODI subscribers having common Beneficial Owner (BO) will be considered together as a single ODI subscriber, in the same manner as is being done in the case of FPIs.

Further, the market regulator noted that foreign portfolio investor or FPI can issue ODIs, which predominantly comprise of participatory notes (P-notes), only to those subscribers that do not have an opaque structure. Foreign funds with 'opaque' structures would not be allowed to come in under the new FPI regime.

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