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ARTICLE · 31 MAY 2016

SEBI To Tighten Framework For Offshore Derivative Instruments

The recent Press Release of SEBI suggests that SEBI has decided to tighten the norms for the ODI framework under the FPI Regulations.

IndiaFinance and Banking
  • The recent Press Release of SEBI suggests that SEBI has decided to tighten the norms for the ODI framework under the FPI Regulations. However, the Press Release only summarizes the minutes of SEBI's meeting and the changes discussed will become effective only when relevant amendments are made to the applicable regulations or circulars are issued in this regard.
  • Further, the former requirement of being "appropriately regulated" applicable to Category II FPIs seems to have been extended to the ODI subscribers as well.
  • The extant Indian KYC/AML will be now be applicable to ODI subscribers, as opposed to the same being open to negotiations between the ODI issuer and subscriber.
  • In addition to the satisfaction of KYC norms at the time of on-boarding, there will be a KYC review (a) once every three years for 'low risk clients'; and (b) once a year for all other clients.

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