Skip to main content

FIIs face challenges in shifting to new regime

Foreign investors are facing compliance difficulties in moving from the foreign institutional investor (FII) to foreign portfolio investor (FPI) regime. The deadline to obtain an FPI licence ends in March 2017.

Existing FIIs are required to submit documents and undertakings to obtain the licence. Also, there are issues regarding taxation under the new regime, say industry experts. These are forcing certain FPIs to rethink about remaining invested in India, experts add.

ā€œThere are many inconsistencies yet and they (government) havenā€™t clarified issues that need to be addressed,ā€ said Shardul Shroff, executive chairman, Shardul Amarchand Mangaldas.

Foreign investors are finding it difficult to complete the paperwork, which includes submitting constitutional documents, identity proofs, among others. The lengthy process of certification of original papers and the frequency of accepting documents by the Indian authorities is said to be asource of discomfort for foreign investors.

Legal experts feel regulators should liberalise some procedurals aspects to minimise hurdles.

ā€œThe migration process should not have any hurdles. The regulators should seek to appropriately liberalise some of the procedural aspects if they are creating some roadblocks in the migration process. However, transparency conditions, such as meeting KYC norms, should not be compromised,ā€ Tejesh Chitlangi, partner, IC Legal.

On the taxation side, no corresponding amendment has yet been made under the Income Tax Act to extend FII benefits to FPIs. Expert feels the government should consider amending the IT Act to bring FPIs within the ambit of Section 115AD to get more clarity on existing rules.

Meanwhile, a working group of local custodians is believed to have made a presentation to the government and the Securities and Exchange Board of India (Sebi) seeking some relaxation in the registration process.

Under the new regulations, which came into effect in 2014, FIIs, their subaccounts and Qualified Foreign Investors (QFIs) will come under FPIs. Sebi rules have divided FPIs into three categories according to their risk profile and KYC (Know Your Client) requirements. FPIs would need to apply for registration through designated depository participants (DDPs), subject to compliance with KYC norms.

ā€œThe Centre and Sebi have been proactive, be it on tax recommendations and levies or smoothening the registration process. Though the SIT (Special Investigative Team on black money)ā€™s recommendations on tightening KYC requirements have increased Sebiā€™s challenges to balance risk containment measures and ease of doing business,ā€ said Sumit Agrawal, ex-Sebi official and founder, Suvan Law Advisors, a law firm specialising in regulatory matters.
Business Standard New Delhi,07th October 2016

Comments

Popular posts from this blog

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...

RBI to weigh growth slowdown, inflation at its MPC meeting this December

  Despite GDP growth declining to 5.4 per cent in the Julyā€“September quarter, the Reserve Bank of Indiaā€™s (RBI) six-member monetary policy committee (MPC) is expected to maintain the current repo rate during its review meeting this week, according to a Business Standard survey of 10 respondents. Among the respondents, only IDFC First Bank forecast a 25-basis-point (bps) reduction in the repo rate. Since May 2022, the RBI has raised the repo rate by 250 bps to 6.5 per cent as of February 2023 and has held it steady across the last 10 policy reviews. The latest GDP figures, published on Friday (November 29), showed that growth for Q2 FY25 slowed to 5.4 per cent year-on-year, down from 6.7 per cent in Q1. Most survey participants suggested that the RBI might revise its growth and inflation projections for the financial year. The poll indicated that the central bank could lower its growth estimate from the current 7.2 per cent and increase its inflation forecast, currently at 4.5 per c...