Skip to main content

Foreign portfolio investors raise red flag on KYC rules over privacy

Currently, FPIs are subject to a KYC review as and when there is any change in material information or disclosure
Custodians of foreign portfolio investors (FPIs) as well as industry lobby groups have written to the Securities and Exchange Board of India (Sebi), raising privacy concerns arising out of the regulator’s April 10 circular mandating disclosure of additional information to identify the beneficial owners (BOs). As part of Sebi’s know-your-client (KYC) requirement, FPIs have to disclose BOs’ details such as address, date of birth, tax residency number, social security number and passport number, and they have six months to comply with the directive. “India’s new KYC norms may clash with global data privacy laws. Investment firms globally, too, are not comfortable with sharing personal information of their employees,” said a source. “Data security is another area of concern. No one is quite sure if India has the right infrastructure in place to ensure adequate security.”
Globally, there have been an increasing number of cases of identity theft, and regulators and governments are doing their bit to protect personal data. Europe, for instance, has introduced the General Data Protection Regulation (GDPR), which deals with privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). The GDPR aims to give control to citizens and residents over their personal data and simplifies the regulatory environment for international business by unifying the regulation within EU. It also addresses the export of personal data outside the EU and the EEA. “If investment managers under local laws are barred from sharing personal information, how will they share it with Indian authorities?” said a person who has a business relationship with FPIs. “Investors may agree to divulge information only if it is directly shared with the regulator, and not if it is passed through local custodians or other agencies.”
Sebi’s current guidelines mandate that if no beneficial owner can be identified based on controlling ownership, a senior managing official (SMO) needs to be identified as a BO. SMOs are designated as BOs merely by virtue of their position as they do not have any ownership in FPIs, said experts. “SMOs are concerned about having to share personal data, including tax residency number and social security number,” said Mark Austen, CEO, Asia Securities Industry & Financial Markets Association (Asifma), an FPI lobby group that has raised privacy concerns as part of its submission to the HR Khan committee.
“Sebi should differentiate between the data that needs to be collected from BOs that are owners, and from BOs that are SMOs. In the case of SMOs, minimum information like name, business address and nationality should be sufficient as SMOs are merely acting in their professional capacity.” Industry observers reckon that Sebi should not ask for BO details from all and sundry and instead take an undertaking that data will be provided when demanded. Currently, FPIs are subject to a KYC review as and when there is any change in material information or disclosure. Going forward, a comprehensive KYC review of FPIs will be done periodically.
For instance, for high risk clients, the KYC check will be done yearly; for others it would be once every three years. Sebi is also reportedly mulling greater scrutiny for high-risk jurisdictions that could include six-monthly KYC and monthly or three-monthly reporting beneficial ownership. At present, high-risk clients have to comply with the KYC requirement applicable to category-III foreign portfolio investors. This includes providing information such as an audited annual financial statement or a certificate from auditor certifying net worth. Mauritius, Cyprus, Cayman Islands, UAE and China were among 25 high-risk jurisdictions identified by global banks that act as custodians for offshore funds. However, this list may be under review as there is disagreement on the names that need to be included.
The Business Standard, 08th August 2018

Comments

Popular posts from this blog

Data storage norm splits digital payments industry

Data storage norm splits digital payments industry  India’s nascent digital payment industry could be thrown into disarray due to the demand by the Reserve Bank of India (RBI) that all user data be stored within the country, fears an industry grouping, which has termed the decision as “heavy-handed”, even as others, including the country’s largest digital payment provider Paytm, have hailed the move.  In a bid to narrow the growing schism, the industry is planning to send a formal representation to the regulator highlighting its concerns, a top official told ET.  “We are trying to build a consensus on the issue," said the person adding that the representation to the central bank will be ready this week.  RBI on April 6, mandated all payment companies—global and local—to set up data storage facilities within India by October. The stringent six-month deadline has attracted the ire of several sections of the industry that fear it will lead to a disruption of wel...

Offer’s for all of you

Great Bumper Dhamaka Offer’s for all of you... It's Time to see your Business Online, WebeCreator Offer Website Designing with domain & Email @ nominal charges. For a year For More information visit us http://goo.gl/KlpppF call on 9890151261/9773197533  drop a mail to sales@webecreator.com

Sebi to finalise options in commodities today

The Commodity Derivatives Advisory Committee of the Securities and Exchange Board of India ( Sebi) will meet on Friday with senior officials of the latter, to give a final shape to the rules on options trading in commodity futures, beside revising the warehousing norms to ensure good delivery on settlement. The decision taken, after discussing with the advisory committee, will be placed before the regulator’s board, to finalise the regulations. According to knowledgeable sources, three commodities in each segment, agricultural and non- agricultural, have been proposed for introducing options. It appears commodities from the soya and guar segments are preferred in the former. From the non- agri segment, it is likely that gold, silver and crude oil will be finalised. All these These have better liquidity and both the National Commodity and Derivatives Exchange and the Multi Commodity Exchange, respectively, will be able to introduce the options. In the equity segments, options ar...