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ARTICLE · 11 JULY 2016

SEBI Closes Doors On Previously Eligible Subscribers To Offshore Derivative Instruments

Under the FPI Regulations, ODIs can be issued only to regulated entities. However, under the erstwhile FII Regulations, unregulated 'broad-based' funds with appropriately regulated managers were also eligible to subscribe to ODIs.

IndiaFinance and Banking
  • Under the FPI Regulations, ODIs can be issued only to regulated entities. However, under the erstwhile FII Regulations, unregulated 'broad-based' funds with appropriately regulated managers were also eligible to subscribe to ODIs.
  • The FPI Regulations had grandfathered all ODI subscribers who have subscribed to ODIs under the FII Regulations (prior to the commencement of the FPI Regulations). SEBI's FPI FAQs permitted such 'Grandfathered Clients' to continue rolling their existing ODI positions and also for taking fresh positions.
  • However, SEBI has now revised the FAQs to revoke this position available to Grandfathered Clients for renewing existing ODI positions or entering into fresh ODI positions effective from August 01, 2016. . It now states that (a) fresh ODIs can be issued to those entities which comply with SEBI circulars and FPI Regulations; and (b) Grandfathered Clients who are otherwise not eligible to now subscribe to ODIs, cannot take fresh positions

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