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Sebi to further tighten norms for offshore derivative instruments

30 May 2017 Evaluate

In order to further enhance the transparency in the process of issuance and monitoring of offshore derivative instruments (ODIs), the capital market regulator, Securities and Exchange Board of India (SEBI) has proposed to tighten norms for ODIs by levying a fee as well as prohibiting them from being issued against derivatives except for those used for hedging purposes.

In its latest consultation paper on ‘streamlining the process of monitoring of ODIs or participatory notes (PNs)’, the Sebi has suggested levying a regulatory fee of $ 1,000 for a period of every three years, on ODI issuers and on each investor in these instruments, beginning from April 1, 2017. This move will discourage the ODI subscribers from taking ODI route and encourage them to directly take registration as foreign portfolio investors (FPIs).

The consultation paper states that the ODI  issuers  will be  given  time  till  December  31,  2020  to  wind  up  the  ODIs  issued against derivatives which are not for hedging purpose and it will be incumbent on ODI  issuing  FPI  to  ensure  that  ODI  is  issued  against  those  derivatives  which  are  purely for hedging purpose and not for naked speculation.  It has further said that the ODI issuing FPI shall put in place necessary system to ensure the same. As  a  result  of  the  different recent steps  taken  by  SEBI there  has  been  a  significant  reduction  in  the  notional  value  of  Outstanding  ODIs.

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