SEBI tightens P-Note rules

Applicable to notes having derivatives as underlying assets

Updated - July 08, 2017 09:27 pm IST - NEW DELHI

MUMBAI, MAHARASHTRA, 01/03/2017: A view of the Securities and Exchange Board of India (SEBI) Hedquarters in Mumbai on March 01, 2017.  
Photo: Paul Noronha

MUMBAI, MAHARASHTRA, 01/03/2017: A view of the Securities and Exchange Board of India (SEBI) Hedquarters in Mumbai on March 01, 2017. Photo: Paul Noronha

Continuing to tighten norms for participatory notes, markets regulator SEBI on Saturday came out with guidelines for issuance of such instruments where the underlying assets are derivatives.

“The ODI issuing FPIs shall not be allowed to issue ODIs with derivative as underlying, with the exception of those derivative positions that are taken by the ODI-issuing FPI for hedging the equity shares held by it, on a one to one basis,” Securities and Exchange Board of India (SEBI) said in a circular.

The regulator has also clarified on existing ODIs (Offshore Derivative Instruments), also known as participatory notes, where the underlying assets are derivatives.

In such cases, where the underlying derivatives position are not for purpose of hedging the equity shares, the issuing FPI (Foreign Portfolio Investor) has to liquidate such ODIs latest by the date of maturity or by December 31, 2020, whichever is earlier.

SEBI also advised ODI-issuing FPIs to liquidate such ODI instruments prior to the timeline.

In the case of issuance of fresh ODIs with derivatives as underlying, SEBI said a certificate has to be issued by the compliance officer (or equivalent) of the ODI-issuing FPI.

It should be certified that the derivatives position, on which the ODI is being issued, is only for hedging the equity shares held by it, on a one-to-one basis.

“The said certificate shall be submitted along with the monthly ODI reports,” according to the regulator.

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