Any foreign entity which is not registered with SEBI as FPI in any of the 3 categories (I, II, and III) is known as Eligible Foreign Investor (EFI)
EFI is a foreign investor who is not registered as FPI with SEBI in India however is eligible to invest in IFSC by satisfying the following conditions
EFI can trade on the derivatives on the following products at GIFT Based Exchanges
No prior approvals are required for EFIs to trade on any of the above-mentioned products. However, the Trading Member (Jaypee Capital Services IFSC) are required to upload the Unique Client Code (UCC) of the EFIs before commencement of trading.
For more information please refer SEBI Circular at the following link: sebi.gov.in
Following are the benefits which an EFI can avail while trading in GIFT based Exchanges
No Demat accounts are required for EFIs to trade in Derivatives. If EFI want to trade into Stock, it is Compulsory.
Intermediaries operating in IFSC need to ensure that records of their clients are maintained as per the Prevention of Money-laundering Act, 2002 and rules applicable thereunder
KYC DOCUMENTATION | ||
---|---|---|
1 | Constitutive Docs (MoA, COI, Prospectus etc.) | |
2 | Proof of Address1 | |
3 | PAN* | |
4 | Applicant Level | Board Resolution2 |
5 | FATCA / CRS form | |
6 | Form/ KYC Form | |
7 | List of Signatures | |
8 | List of UBO including the details of Intermediate BO3 | |
9 | Proof of Identity |
* PAN shall not be applicable for KYC of EFIs in IFSC.
1 Power of Attorney having address provided to Custodian is accepted as address proof.
2 Power of Attorney granted to Global custodian/ local custodian is accepted in lieu of Board Resolution (BR). BR and the authorized signatory list (ASL) is not required if SWIFT is used as a medium of instruction.
3 UBO is not required for Government and Government related entities.
Please refer operating guidelines for EFIs: sebi.gov.in
Permanent Account Number (PAN) is not mandatory for EFI to trade in GIFT based Exchange. However, the EFI will have to comply with the norms specified in CBDT notification dated May 04, 2021.
No
All the contracts listed in GIFT based exchanges are in USD and settlements are also being done in USD. So, an EFI don't have to worry about fluctuation in INR, which is the case in Indian domestic exchanges.
No, there is no capital account restriction applicable at the exchanges operating in International Financial Services Centre (IFSC).
FPI stands for Foreign Portfolio Investor. In India, the term "Foreign Portfolio Investor" refers to FIIs or their sub-accounts, or qualified foreign investors (QFIs).
Under the SEBI FPI Regulations, 2014, Foreign Institutional Investors (FIIs), Sub Accounts (SA) and Qualified Foreign Investors (QFIs) were merged into a single category, referred to as FPIs.
For more information on FPI, please refer at the following links: click here
FPIs are segregated into two categories based on SEBI FPI Regulations, 2019.
(i) Government and Government related investors such as central banks, sovereign wealth funds, international or multilateral organizations or agencies including entities controlled or at least 75% directly or indirectly owned by such Government and Government related investor(s).
(ii) Pension funds and university funds.
(iii) Appropriately regulated entities such as insurance or reinsurance entities, banks, asset management companies, investment managers, investment advisors, portfolio managers, broker dealers and swap dealers.
(iv) Entities from the Financial Action Task Force member countries 2[, or from any country specified by the Central Government by an order or by way of an agreement or treaty with other sovereign Governments,] which are –
(v) An entity (A) whose investment manager is from the Financial Action Task Force member country and such an investment manager is registered as a Category I foreign portfolio investor; or (B) which is at least seventy-five per cent owned, directly or indirectly by another entity, eligible under sub-clause (ii), (iii) and (iv) of clause (a) of this regulation and such an eligible entity is from a Financial Action Task Force member country: Provided that such an investment manager or eligible entity undertakes the responsibility of all the acts of commission or omission of the applicants seeking registration under this sub-clause.
Includes all the investors not eligible under Category I foreign portfolio investors such as –
FPI should be
FPIs can trade on the following products which are currently being offered at GIFT based exchanges
Yes, SEBI vide circular no. SEBI/HO/CDMRD/DMP/CIR/P/2017/106 Dated. September 26, 2017 has allowed FPIs to participate in commodity derivatives contracts traded exclusively in exchanges set up at IFSC (International Financial Services Centre). For more info: Click here
Following are the benefits which a FPI can avail while trading in GIFT based exchanges
Yes, GIFT based exchanges provides Direct Market Access (DMA) to FPIs
Yes, GIFT based exchanges provides Direct Market Access (DMA) to FPIs.
SEBI, vide circular no. MRD/DoP/SE/Cir-7/2008 dated April 03, 2008 introduced Direct Market Access (DMA). Further, SEBI vide circular no. MRD/DoP/SE/Cir-03/2009 dated February 20, 2009 permitted institutional investors to use DMA through their Investment Managers also. Please refer to the below link for more information Click here
Yes, India has a DTAA with almost 88 countries. All the DTAA related benefits which FPIs are availing in Indian based exchanges will also be applicable for their trading in GIFT based exchanges.
No, the role of the local custodian is only to monitor compliance for their respective FPIs. As FPIs shall be required to ensure clear segregation of funds and securities, such FPIs shall keep their respective custodians informed about their participation in IFSC.
For more information please refer SEBI Circular at the following link: Click here
No prior approvals are required for FPI to trade on any of the abovementioned products. However, the Trading Member (Jaypee Capital Services IFSC) are required to upload the Unique Client Code (UCC) of the EFIs before commencement of trading.
For more information please refer SEBI Circular at the following links: Click here
All the contracts listed in GIFT based exchanges are in USD and settlements are also being done in USD.
No, there is no capital account restriction applicable at the exchanges operating in International Financial Services Centre (IFSC).
Trade a diverse range of products including Equity derivatives, Currency derivatives and Cash settled derivative products.
RTP can do only proprietary trading and are not permitted onboard clients for brokerage services.
No, RTPs are not allowed to become clearing members. They must appoint an IFSCA-registered Clearing Member like Jaypee Capital Services IFSC for the clearing and settlement of their trades.
Entities incorporated in India are not eligible to be onboarded as Remote Trading Participants.
No. RTP is currently for foreign participants. SEBI-registered Indian entities are not eligible to apply for RTP.
No, obtaining a registration certificate from IFSCA is not required to become a Remote Trading Participant with GIFT based exchanges. You just need a clearing member like Jaypee Capital Services IFSC who can clear your trade. Registration will be provided by Gift based exchanges.
For more information, please visit ifsca.gov.in- IFSCA circular 3rd April