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

Household debt up, but India still lags emerging-market economies: RBI

  Although household debt in India is rising, driven by increased borrowing from the financial sector, it remains lower than in other emerging-market economies (EMEs), the Reserve Bank of India (RBI) said in its Financial Stability Report. It added that non-housing retail loans, largely taken for consumption, accounted for 55 per cent of total household debt.As of December 2024, India’s household debt-to-gross domestic product ratio stood at 41.9 per cent. “...Non-housing retail loans, which are mostly used for consumption purposes, formed 54.9 per cent of total household debt as of March 2025 and 25.7 per cent of disposable income as of March 2024. Moreover, the share of these loans has been growing consistently over the years, and their growth has outpaced that of both housing loans and agriculture and business loans,” the RBI said in its report.Housing loans, by contrast, made up 29 per cent of household debt, and their growth has remained steady. However, disaggregated data sho...

External spillovers likely to hit India's financial system: RBI report

  While India’s growth remains insulated from global headwinds mainly due to buoyant domestic demand, the domestic financial system could, however, be impacted by external spillovers, the Reserve Bank of India (RBI) said in its half yearly Financial Stability Report published on Monday.Furthermore, the rising global trade disputes and intensifying geopolitical hostilities could negatively impact the domestic growth outlook and reduce the demand for bank credit, which has decelerated sharply. “Moreover, it could also lead to increased risk aversion among investors and further corrections in domestic equity markets, which despite the recent correction, remain at the high end of their historical range,” the report said.It noted that there is some build-up of stress, primarily in financial markets, on account of global spillovers, which is reflected in the marginal rise in the financial system stress indicator, an indicator of the stress level in the financial system, compared to its p...

Retail inflation cools to a six-year low of 2.82% in May on moderating food prices

  New Delhi: Retail inflation in India cooled to its lowest level in over six years in May, helped by a sharp moderation in food prices, according to provisional government data released Thursday.Consumer Price Index (CPI)-based inflation eased to 2.82% year-on-year, down from 3.16% in April and 4.8% in May last year, data from the Ministry of Statistics and Programme Implementation (MoSPI) showed. This marks the fourth consecutive month of sub-4% inflation, the longest such streak in at least five years.The data comes just days after the Reserve Bank of India’s (RBI) Monetary Policy Committee cut the repo rate by 50 basis points to 5.5%, its third straight cut and a cumulative reduction of 100 basis points since the easing cycle began in February. The move signals a possible pivot from inflation control to supporting growth.Food inflation came in at just 0.99% in May, down from 1.78% in April and a sharp decline from 8.69% a year ago.A Mint poll of 15 economists had projected CPI ...