Foreign portfolio investors (FPIs) are seeking clarity on the circular on participatory notes (p- notes) or offshore derivative instruments (ODIs), issued by the Securities and Exchange Board of India (Sebi) in July. Investors are unclear whether the hedging position needs to be looked at, at the issuer level or at the subscriber level, and whether the derivatives positions can be taken against equity investments indirectly through foreign currency convertible bonds (FCCBs) or American depository receipts/global depository receipts (ADRs/GDRs). FPIs have told the regulator it would be difficult for issuers to discern between speculative and hedging positions of individual investors, and to ascertain the exact number of open positions held by investors. This will especially be the case if the investors deal with multiple p-notes issuers. Sebi is expected to come out with clarifications on some of these issues. “The language of the circular seems to suggest that it is a