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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).

A guide for new investors to understand IFSC opportunities.

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 FATF as:
    • A jurisdiction with AML/CFT deficiencies to which counter measures apply; or
    • A jurisdiction that has not made sufficient progress in addressing deficiencies or has not committed to an FATF action plan.
  • The investor is not prohibited from dealing in securities market in India.

EFI can trade on derivatives of the following products at GIFT-based Exchanges:

  • Equity Index Futures & Options
  • Single Stock Futures & Options
  • Global Currency Futures & Options
  • Commodity Futures & Options

No prior approvals are required for EFIs to trade on any of the above-mentioned products. However, the Trading Member 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 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.

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
  • 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

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.

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 or from any country specified by the Central Government by an order or by way of an agreement or treaty with other sovereign Governments

  • 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.

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.

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.

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

  • 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.

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 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 permitted to become clearing members. They must appoint an IFSCA-registered Clearing Member for the clearing and settlement of their trades.

  • 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.

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 need to appoint an IFSCA-registered clearing member to clear your trades.Registration will be provided directly by the GIFT-based exchanges.