This article has been written by Komal Raghav, a 4th year student of UPES, Dehradun
Abstract:
Foreign Portfolio Investors (FPIs) have become more involved in the Indian financial markets in recent times, which emphasizes the significance of efficient regulatory supervision. For the purpose of maintaining financial stability, investor protection, and market integrity, the Securities and Exchange Board of India (SEBI) plays a crucial role in overseeing and controlling FPI activity. SEBI seeks to guarantee financial stability, investor protection, and market integrity through cooperative efforts and strong supervisory procedures. Regular evaluation and modification of regulatory structures allow SEBI to conform to changing market conditions and global norms, creating an atmosphere that is favorable to foreign investment in India.
Introduction:
The financial markets’ globalization has resulted in an unparalleled increase in cross-border capital flows, and Foreign Portfolio Investors (FPIs) have become significant players in the Indian financial scene. In this situation, maintaining market integrity, encouraging investor protection, and guaranteeing financial stability become critical functions of regulatory organizations such as the Securities and Exchange Board of India (SEBI). SEBI plays a crucial role in overseeing and controlling FPI activity inside the Indian capital markets.
As the main regulator of the Indian securities markets, the Securities and Exchange Board of India (SEBI) works in a dynamic environment where regulations, market trends, and technology breakthroughs are constantly changing. The flood of foreign portfolio investors (FPIs) purchasing Indian equities, bonds, and other financial instruments highlights the necessity for strong regulation.The Securities and Exchange Board of India established a new class of foreign investors in India known as the Foreign Portfolio Investors (“FPIs”) in an effort to standardize the many existing pathways for foreign portfolio investment in India.
Any qualified foreign investor or foreign institutional investor with a current certificate of registration will be considered an FPI which is defined under section 2 (1) (j) of the SEBI (Foreign Portfolio Investors) Regulations, 2019. Foreign Portfolio Investor” refers to an individual who meets the requirements specified under regulation 4 and has registered under the FPI Regulations; this individual will be considered an intermediary which has been classified into three broad categories i.e. Category I, Category II, Category III. However, until the end of the three-year period for which fees have been paid in accordance with the SEBI (Foreign Institutional Investors) Regulations, 1995, any foreign institutional investor or qualified foreign investor holding a valid certificate of registration shall be deemed to be a foreign portfolio investor.
Regulatory framework for FPI:
The SEBI (Foreign Portfolio Investors) Regulations, 2014 were repealed on September 23, 2019, when the Securities and Exchange Board of India (SEBI) notified the public of the new regulations.
On November 5,2019, SEBI released Operational Guidelines for Foreign Portfolio Investors (or “FPIs”), Designated Depository Participants, and Eligible Foreign Investors in order to help with the new SEBI FPI Regulations, 2019’s implementation. The current SEBI circulars, FAQs, operating guidelines, and other information (enumerated in Annexure-A to the Operational Guidelines) are no longer relevant in light of these revised rules.
The principal objectives of the recently enacted SEBI FPI Regulations, 2019 and Operational Guidelines are to simplify the registration procedure, do away with needless regulatory requirements, and minimize the compliance obligations for FPIs.
SEBI’s role in monitoring and regulating FPI:
The activities of the Foreign Portfolio Investor in the Indian capital market are regulated by SEBI the following activities are as follows:-
- Registration of FPI:- A certificate issued by the designated depository participant on behalf of SEBI is a requirement for anyone wishing to purchase, sell, or transact in securities as a foreign portfolio investor. Moreover, a qualified foreign investor may keep purchasing, selling, or engaging in other securities-related activities subject to the regulations for a year after they go into effect or until they receive a certificate registering them as foreign portfolio investors, whichever comes first.
- Categories of FPI:- SEBI specifies categories related to FPI from time to time based upon that applicant seeking registration to it.
- Furnishing of information, clarification and representation of investors in person:- SEBI as the regulatory board may require the applicant to furnish such further information or clarification as it considers necessary, for the purpose of processing of the application. SEBI or the designated depository participant, if so desiresd, may ask the applicant or its authorized representative to appear before SEBI for personal representation in connection with the grant of a certificate.
- Grievance redressal regarding certification:- SEBI, as the regulatory authority overseeing FPI registration and related processes, serves as the primary point of contact for addressing grievances, clarifying regulatory provisions, and providing instructions as necessary. This mechanism ensures transparency, fairness, and adherence to regulatory standards within India’s financial markets.The authorized depository participant or the applicant seeking registration as a foreign portfolio investor may contact SEBI for the necessary guidance if they have any complaints about their application or if they have any questions about how to interpret any of the regulations’ provisions.Within thirty days of the date of receipt of the communication, any applicant who feels wronged by the designated depository participant’s decision may submit an application to SEBI. SEBI will review the application again as soon as practicable, and will notify the applicant in writing of its decision following a fair chance for hearing.
- Suspension, surrender or cancelation of certificate:- Unless SEBI suspends or cancels it, or the foreign portfolio investor surrenders it, the registration issued by the authorized depository participant on SEBI’s behalf under these regulations is final which also showcases another such role of SEBI in monitoring the existing certificate in the market. The Securities and Exchange Board of India (Intermediaries) Regulations, 2008, Chapter V, specifies how registrations granted under these regulations by SEBI may be suspended or canceled. If a foreign portfolio investor wishes to discontinue their operations and turn in their certificate of registration, they can request this from the designated depository participant. The designated depository participant will accept the registration surrender once they have received approval from SEBI.
- Application for approval of designated depository participant:-No one may function as a designated depository participant unless they have received SEBI clearance. Nonetheless, a custodian of securities who is registered with SEBI as of the regulations’ start date will be considered to have received approval as a designated depository participant, provided that costs as specified by the regulations are paid. Additionally, a qualified depository participant who opened a qualified foreign investor account on the day these regulations were announced and who received approval from SEBI before the regulations went into effect will be considered to have been approved as a designated depository participant, provided they pay the fees specified in these regulations.
- Procedure for inspection and investigation:- SEBI can appoint one or more persons as inspecting authority for the investigation of the books of account, records and documents relating to a designated depository participant.for the same ten days written notice to the DDPs before ordering an inspection or investigation is given. SEBI in the interest of the investors may order in writing, direct that the inspection or investigation of the affairs of the DDPs be taken up without such notice. During the ongoing inspection or investigation, the DDPs should be bound to discharge all its obligations.
Conclusion:
In summary, SEBI’s regulatory oversight of Foreign Portfolio Investors (FPIs) in the Indian financial markets ensures financial stability, investor protection, and market integrity. Through streamlined regulations, proactive monitoring, and robust enforcement mechanisms, SEBI promotes transparency and accountability while fostering a conducive environment for foreign investment. SEBI’s commitment to addressing grievances, enforcing compliance, and adapting to evolving market dynamics underscores its pivotal role in safeguarding India’s financial ecosystem and promoting sustainable growth.
References
1.https://www.icsi.edu/media/webmodules/publications/CapitalMarketandSecuritesLaw.pdf