FAQs

Who qualifies as an Eligible Foreign Investor (EFI)?

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

  • The investor is not resident in India.
  • The investor is not resident in a country identified in the public statement of Financial Action Task Force as
    • A jurisdiction having a strategic Anti-Money Laundering or Combating the Financing of Terrorism deficiencies to which counter measures apply; or
    • A jurisdiction that has not made sufficient progress in addressing the deficiencies or has not committed to an action plan developed with the Financial Action Task Force to address the deficiencies;
  • The investor is not prohibited from dealing in securities market in India.
Currently in which products an Eligible Foreign Investor (EFI) can traded in GIFT based Exchanges?

EFI can trade on the derivatives on the following products at GIFT Based Exchanges

  • Equity Index Futures & Options.
  • Single Stock Futures & Options.
  • Global Currency Futures & Options.
  • Commodity Futures & Options.
Is there any prior approval required for an EFI to trade in GIFT based Exchange?

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

What are the various benefit that an Eligible Foreign Investor can avail by trading in GIFT based Exchanges?

Following are the benefits which an EFI can avail while trading in GIFT based Exchanges

  • NO Security Transaction Tax (STT).
  • NO Commodity Transaction Tax (CTT).
  • NO Capital Gain tax.
  • NO Stamp duty.
  • 22 hours access - opportunity to react to change through investment / hedge / arbitrage across globe and asset class.
  • Competitive pricing compared to leading global exchanges.
  • Capital conservation – single market access across products with cross margin benefits available at GIFT based Exchanges.
  • Comprehensive price and transaction data available real time.
Is a Demat account with the depositories required for an EFI to trade on GIFT based Exchanges?

No Demat accounts are required for EFIs to trade in Derivatives. If EFI want to trade into Stock, it is Compulsory.

What are the Know Your Client (KYC) requirement for opening account as an Eligible Foreign Investor (EFI) with Jaypee IFSC?

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

  • In case of participation of an EFI, not registered with SEBI as an FPI, but desirous of operating in IFSC, a trading member of the recognized stock exchange in IFSC may carry out the due diligence on its own or it may rely upon the due diligence carried out by a bank, which is permitted by RBI to operate in IFSC, during the account opening process of an EFI.
  • In case of EFIs that are not registered with SEBI as FPI and also not having bank account in IFSC, KYC requirements as applicable to Category II FPI as per the new FPI categorization shall be made applicable which are as specified below
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

Is Permanent Account Number (PAN) mandatory for an Eligible Foreign Investor (EFI) to trade in GIFT based Exchange?

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.

Can an entity based of a country listed in the specified public statements issued by Financial Action Task Force (FATF) register themselves as an Eligible Foreign Investor (EFI)?

No

What is the trading and settlement currency at Gift based Exchanges?

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.

Is there any Capital account restriction in International Financial Services Centre (IFSC) for an Eligible Foreign Investor (EFI)?

No, there is no capital account restriction applicable at the exchanges operating in International Financial Services Centre (IFSC).

What is FPI?

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

In how many categories FPI has been segregated?

FPIs are segregated into two categories based on SEBI FPI Regulations, 2019.

Category I

(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 –

  • I. Appropriately regulated funds.
  • II. Unregulated funds whose investment manager is appropriately regulated and registered as a Category I foreign portfolio investor. Provided that the investment manager undertakes the responsibility of all the acts of commission or comission of such unregulated fund.
  • III. University related endowments of such universities that have been in existence for more than five years.

(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.

Category II

Includes all the investors not eligible under Category I foreign portfolio investors such as –

  • Appropriately regulated funds not eligible as Category-I foreign portfolio investor.
  • Endowments and foundations.
  • Charitable organisations.
  • Corporate bodies.
  • Family offices.
  • Individuals.
  • Appropriately regulated entities investing on behalf of their client, as per conditions specified by the Board from time to time.
  • Unregulated funds in the form of limited partnership and trusts.
What are the basic requirement for FPI registration?

FPI should be

  • A person not resident in India.
  • A resident of a country whose securities market regulator is a signatory to International Organization of Securities Commission's (IOSCO) Multilateral Memorandum of Understanding (Appendix A Signatories) or is signatory to bilateral Memorandum of Understanding with the SEBI.
  • Resident of a country whose Central Bank is a member of Bank of International Settlements (BIS) in case of Bank applicant.
  • Legally permitted to invest in securities outside its home country.
  • Authorized by its Constitution documents / agreement to invest on its own behalf or on the behalf of its clients.
  • A fit and proper person based on the criteria specified by SEBI; and
  • Grant of certificate to the applicant is in the interest of the development of securities market.
  • FPI should also have sufficient experience, good track record, is professionally competent, financially sound and has a generally good reputation of fairness and integrity.
In which all products a FPIs can trade in GIFT based exchanges?

FPIs can trade on the following products which are currently being offered at GIFT based exchanges

  • Equity Index Futures & Options.
  • Commodity Futures & Options.
  • Global Currency Futures & Options.
Are FPIs allowed to trade in commodity derivatives?

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

What are the various benefit that a Foreign Portfolio Investor can avail by trading in GIFT based exchanges?

Following are the benefits which a FPI can avail while trading in GIFT based exchanges

  • NO Security Transaction Tax (STT)
  • NO Commodity Transaction Tax (CTT)
  • NO Capital Gain tax
  • NO Stamp duty
  • 22 hours access - opportunity to react to change through investment / hedge / arbitrage across globe and asset class.
  • Competitive pricing compared to leading global exchanges.
  • Capital conservation – single market access across products with cross margin benefits.
  • Comprehensive price and transaction data available real time.
Does GIFT based exchanges offer Direct Market Access (DMA) to FPIs?

Yes, GIFT based exchanges provides Direct Market Access (DMA) to FPIs

Does GIFT based exchanges offer 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

Will the benefit of Double Tax Avoidance Agreement (DTAA) be applicable for FPIs trading in GIFT based exchanges?

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.

Can an existing Indian local custodian of FPI required to clear the FPIs trades done at 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

Is there any prior approval required for an FPI to trade in GIFT based exchanges?

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

What is the trading and settlement currency at GIFT based exchanges?

All the contracts listed in GIFT based exchanges are in USD and settlements are also being done in USD.

Is there any Capital account restriction in International Financial Services Centre (IFSC) for a Foreign Portfolio Investor (FPI)?

No, there is no capital account restriction applicable at the exchanges operating in International Financial Services Centre (IFSC).

1. What kind of products can RTPs trade in?

Trade a diverse range of products including Equity derivatives, Currency derivatives and Cash settled derivative products.

2. Can RTPs on board clients?

RTP can do only proprietary trading and are not permitted onboard clients for brokerage services.

3. Can RTPs become self-clearing or clearing members?

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.

4. What are the benefits of becoming a Remote Trading Participant?
  • Remotely trade on the IFSC exchanges without having to establish a presence in GIFT IFSC.
  • No Infrastructure costs involved.
  • Increased participation leading to more vibrant and liquid market.
5. Can an entity incorporated in India become a Remote Trading Participant with GIFT based exchanges?

Entities incorporated in India are not eligible to be onboarded as Remote Trading Participants.

6. Can a SEBI registered entity apply for RTP?

No. RTP is currently for foreign participants. SEBI-registered Indian entities are not eligible to apply for RTP.

7. Do I need to obtain a registration certificate from IFSCA?

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

RTP Remote Trading Participant