SEBI likely to ease FPI entry norms, allow listing of security receipts by ARCs

28 Dec 2017 Evaluate

With an aim to ease direct registration for foreign portfolio investors (FPIs) and avoid participatory notes (P-notes), the capital markets regulator, Securities and Exchange Board of India (SEBI) is likely to ease entry norms for FPIs willing to invest in the Indian markets. It may ease some rules, including expanding the eligible jurisdictions for registration by including countries with diplomatic tie-ups with India. Besides, the markets regulator may rationalise ‘fit and proper’ criteria for FPIs as well as simplify broad-based requirements for such investors. Additionally, it may allow listing of security receipts issued by an asset reconstruction company (ARC) on the exchange platform. Security receipt, in market parlance, means a receipt or other security issued by a securitisation company or reconstruction company. This will enhance capital flows into the securitisation industry and particularly be helpful to deal with bank non-performing assets (NPAs).

As per the new proposal, more jurisdictions such as Canada would be able to access the market due to change in FPI Regulations. Category I and II FPIs, which are essentially government and regulated entities, should not need any additional documentation and procedural requirements. However, Category III FPIs should continue to be subject to such requirements. Rationale of broad-based criteria may be extended in other cases wherein the applicant funds have other institutional investors -- sovereign wealth fund, insurance/reinsurance companies, pension funds, Exchange Traded Funds (ETFs) as their underlying investors. Currently, an FPI is considered to be broad-based in case such overseas investor has a bank as an underlying investor.

Broad-based fund means a fund, established outside India, which has at least 20 investors, with no investor holding more than 49% of the shares or units of the fund. In case broad-based fund loses its status due to an exit of some offshore global investors then it may not result in immediate loss of Category II status. Three months time should be given to such funds to regain such status. The regulator may discontinue the requirements of seeking its prior approval in case of a change in local custodian or designated depository participants (DDPs). At the time of change of local custodian/DDP, the new DDP should be permitted to rely on the registration granted by previous DDP at the time of transition. The move is expected to avoid duplicate efforts and incremental documentation by the FPIs as well as the DDPs.

© 2025 The Alchemists Ark Pvt. Ltd. All rights reserved. MoneyWorks4Me ® is a registered trademark of The Alchemists Ark Pvt. Ltd.

×