Skip to main content

FPIs Urge Sebi to Ensure Ease of Doing Investment

Foreign portfolio investors (FPIs) — the largest investor group in the Indian stock market — want the regulator to make life easier for them. At a meeting with the Sebi chairman this week, about 30 officials and custodians of some of the large offshore funds appealed to the stock market regulator to do away with the rule that requires most offshore funds to be broad-based — having at least 20 investors with each holding not more than 49%. They have also voiced their concern about the practice where copies of passport, social security numbers, and other national identification documents such driver’s licence of senior management officials and directors of many foreign funds are shared with brokers and intermediaries.
The regulator has typically preferred ‘broad-based’ funds to minimise round-tripping of money and trades where FPI vehicles are used by a small club of investors to manipulate stock price. “However, it was argued that since Sebi has directed funds to disclose their ultimate beneficial owners (UBOs), the regulator would have all relevant information about the investors in a fund. So, why do funds still have to be broad-based?”, a person familiar with the discussion told ET. The representation from foreign funds come amid volatile stock prices. FPIs have sold equities and bonds worth more than Rs 1 lakh crore since April. However, the foreign fund managers were net buyers in November — having purchased a total of about Rs 11,000 crore in bonds and equities.
More than 70% of the FPIs — registered as Category-II funds — have to fulfil the broad-based norm while the KYC rule for sharing personal information of senior fund officials apply to Category-II funds incorporated in ‘high-risk jurisdictions’ and Category-III FPIs — comprising hedge funds, family offices and non-resident individuals. The list of high-cost jurisdictions vary among custodian banks based on their respective internal parameters. (These rules are not applicable to Category-I FPIs which are typically government-owned institutions and arms of multilateral agencies.) “Some FPIs have been requesting for deletion of the broad based criteria since this is difficult to achieve specially in the initial years when the fund does not have a track record and it also creates an additional compliance burden due to the various conditions surrounding the broad based requirement. The broad based criteria helps the Government to ensure that funds which get the benefit of relaxed KYC as a Category-II FPI have a large investor base and are not private investments,” said Rajesh Gandhi of Deloitte India.
According to Tejesh Chitlangi, senior partner at the law firm IC Universal Legal, “The broad base criteria from regulatory perspective may continue to stay relevant since it’s an important risk diversification tool for a Category II FPI which ensures that all the monies are not received from concentrated investor accounts.”
FPIs Meet Sebi Chairman
“However, from a KYC perspective,” said Chitlangi, “the requirement to furnish certain personal data under the current Indian laws is stringent which may at times get sensitive whilst seeking such information from foreign parties, particularly wherein such similar practices are not in sync with their own domestic data privacy laws. But, each jurisdiction has a right to impose its own norms in a manner deemed appropriate and should not be viewed upon unfavourably as long as confidentiality norms are in place.” Such personal official of senior management members of funds are uploaded with the KYC Registration Agency which brokers can easily access. The overseas funds want the information to be shared only with custodians and not shared with all intermediaries which may not be in a position to keep them confidential.
At the meeting the funds also asked Sebi to consider scrapping the rule under which an FPI has to bring in a margin of about 3% for purchase of government bonds -- a requirement that does not exist for equity investment and take up with the Reserve Bank of India for lifting the curbs on FPI investments in corporate bonds. Under the RBI rules, an FPI cannot buy the entire bond issue by a corporate and must diversify portfolio (by March) by not holding more than 20% of bonds issued by a corporate; also not more than 10% of the investment of an FPI can be in short-term debt instruments (which mature in less than a year). “They also told Sebi that most FPIs would prefer paying a higher securities transaction tax than capital gains tax and would like the lowered withholding tax of 5% (on interest earnings on bonds) to continue. The regulator would examine the suggestions and give its recommendations to the finance ministry,” said a source.

The Economics Times, 07th December 2018

Comments

Popular posts from this blog

New income tax slab and rates for new tax regime FY 2023-24 (AY 2024-25) announced in Budget 2023

  Basic exemption limit has been hiked to Rs.3 lakh from Rs 2.5 currently under the new income tax regime in Budget 2023. Further, the income tax slabs in the new tax regime has been changed. According to the announcement, 5 income tax slabs will be there in FY 2023-24, from 6 income tax slabs currently. A rebate under Section 87A has been enhanced under the new tax regime; from the current income level of Rs.5 lakh to Rs.7 lakh. Thus, individuals opting for the new income tax regime and having an income up to Rs.7 lakh will not pay any taxes   The income tax slabs under the new income tax regime will now be as follows: Rs 0 to Rs 3 lakh - 0% tax rate Rs 3 lakh to 6 lakh - 5% Rs 6 lakh to 9 lakh - 10% Rs 9 lakh to Rs 12 lakh - 15% Rs 12 lakh to Rs 15 lakh - 20% Above Rs 15 lakh - 30%   The revised Income tax slabs under new tax regime for FY 2023-24 (AY 2024-25)   Income tax slabs under new tax regime Income tax rates under new tax regime O to Rs 3 lakh 0 Rs 3 lakh to Rs 6 lakh 5% Rs 6

Jaitley plans to cut MSME tax rate to 25%

Income tax for companies with annual turnover up to ?50 crore has been reduced to 25% from 30% in order to make Micro, Small and Medium Enterprises (MSME) companies more viable and also to encourage firms to migrate to a company format. This move will benefit 96% or 6.67 lakh of the 6.94 lakh companies filing returns of lower taxation and make MSME sector more competitive as compared with large companies. However, bigger firms have shown their disappointment since the proposal for reducing tax rates was to make Indian firms competitive globally and it is the large firms that are competing globally. The Finance Minister foregone revenue estimate of Rs 7,200 crore per annum for this for this measure. Besides, the Finance Minister refrained from removing or reducing Minimum Alternate Tax (MAT), a popular demand from India Inc., but provided a higher period of 15 years for carry forward of future credit claims, instead of the existing 10-year period. “It is not practical to rem

Don't forget to verify your income tax return in August: Here's the process

  An ITR return needs to be verified within 120 days of filing of tax return. Now that you have filed your income tax return, remember to verify it because your return filing process is not complete unless you do so. The CBDT has reduced the time limit of ITR verification to 30 days (from 120 days) from the date of return submission. The new rule is applicable for the returns filed online on or after 1st August 2022. E-verification is the most convenient and instant method for verifying your ITR. However, if you prefer not to e-verify, you have the option to verify it by sending a physical copy of the ITR-V. Taxpayers who filed returns by July 31, 2023 but forget to verify their tax returns, will get the following email from the tax department, as per ClearTax. If your ITR is not verified within 30 days of e-filing, it will be considered invalid, and may be liable to pay a Late Fee. Aadhaar OTP | EVC through bank account | EVC through Demat account | Sending duly signed ITR-V through s