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Scheme for Investment by Qualified Foreign Investors (QFIs) in
Indian corporate debt securities




      A person or trust          Resident of a               QFI are not              The Finance
       resident in the         country signatory         allowed to invest           ministry feels
      country that is a              to the               in all the three        wealthy investors
       member of the             international              segments of                should be
      Financial Action          organisation of           capiral market -           encouregd to
         task force is             Securitites                (1) MFs,              invest directly,
      eligible to invest         commissions                (2) Equities              helping the
       directly in India        (IOSCO) or one                                    country fund the
                               that has signed a          (3) Corporate            current account
                                    bilateral                  Debt                     deficit at
                                agreement with                                    presently 4.2% of
                                SEBI will also be                                 the GDP in 2011-
                                considered QFI                                             12




As per the extant guidelines Qualified Foreign Investors (QFI) are allowed to invest in rupee
denominated units of domestic Mutual Funds and listed equity shares and allowing SEBI
registered FIIs to invest in to be listed debt securities subject to the terms and conditions
mentioned therein.

QFIs are allowed to purchase on repatriation basis debt securities subject to the following terms
and conditions:

(i) Eligible instruments and eligible transactions – QFIs shall be permitted to invest through
SEBI registered Qualified Depository Participants (QDPs) (defined as per the extant SEBI
regulations) in eligible corporate debt instruments, viz. listed Non-Convertible
Debentures(NCDs), listed bonds of Indian companies, listed units of Mutual Fund debt Schemes
and “to be listed” corporate bonds (hereinafter referred to as ‘eligible debt securities’) directly
from the issuer or through a registered stock broker on a recognized stock exchange in India. The
Contributed by CA. Sudha G. Bhushan
provisions relating to FIIs in case of non-listing of “to be listed” corporate bonds, within 15 days
as per A.P. (DIR Series) Circular No. 89 dated March 1, 2012, shall be applicable to QFIs.

QFIs shall also be permitted to sell ‘eligible debt securities’ so acquired by way of sale through
registered stock broker on a recognized stock exchange in India or by way of buyback or
redemption by the issuer.

(ii) Mode of payment / repatriation – A QFI may open a single non-interest bearing Rupee
Account with an AD Category- I bank in India, for the limited purpose of routing the receipt and
payment for transactions relating to purchase and sale of units of domestic mutual funds {in
terms of A.P. (DIR Series) Circular No.8 dated August 9, 2011 and A.P. (DIR Series) Circular
No.42 dated November 3, 2011}, equity shares of listed Indian companies {in terms of A.P.
(DIR Series) Circular No.66 dated January 13, 2012} and eligible debt securities { as in (i) above
}, hereinafter referred to as ‘eligible securities for QFIs’, subject to the following conditions :

    The account shall be funded by inward remittance through normal banking channel and
     by credit of the sale/redemption/buyback proceeds (net of taxes) and on account of
     interest payment / dividend on the eligible securities for QFIs.
    The funds in this account shall be utilized for purchase of eligible securities for QFIs or
     for remittance (net of taxes) outside India.
    The DP will operate such non-interest bearing Rupee Accounts on behalf of the QFIs and
     at the instructions of the QFIs. There is no more requirement for opening and
     maintenance of a single rupee pool bank account by the QDP and QFIs can henceforth
     invest in all ‘eligible securities for QFIs’ through this single non- interest bearing Rupee
     Account.

(iii) Demat accounts - QFIs would be allowed to open a single demat account with a QDP in
India for investment in all eligible debt securities under the QFI scheme. It is clarified that each
QFI shall maintain a single demat account with a QDP for all investments in ‘eligible securities
for QFIs’ in India.

(iv) Limits - QFIs are permitted to invest in corporate debt securities (without any lock-in or
residual maturity clause) and Mutual Fund debt schemes subject to a total overall ceiling of USD
1 billion. This limit shall be over and above USD 20 billion for FII investment in corporate debt.

(v) Eligibility – The definition of QFI for investments in all eligible securities for QFIs shall be
as under : QFIs shall mean a person who fulfils the following criteria :

(a) Resident in a country that is a member of Financial Action task Force (FATF) or a member of
a group which is a member of FATF; and




Contributed by CA. Sudha G. Bhushan
(b) Resident in a country that is a signatory to IOSCO’s MMoU or a signatory of a bilateral MoU
with SEBI

PROVIDED that the person

    is not resident in a country listed in the public statements issued by FATF from time to
     time on jurisdictions having a strategic AML/CFT deficiencies to which counter
     measures apply or that have not made sufficient progress in addressing the deficiencies or
     have not committed to an action plan developed with the FATF to address the
     deficiencies;
    is not resident in India;
    is not registered with SEBI as a Foreign Institutional Investor (FII) or Sub-Account of an
     FII or Foreign Venture Capital Investor (FVCI).

Explanation – For the purposes of this clause:

   1. “bilateral MoU with SEBI” shall mean a                    QFIs shall mean a person who
      bilateral MoU between SEBI and the overseas               fulfils the following criteria :
      regulator that, inter alia, provides for
      information sharing arrangements.                         (a) Resident in a country that is
   2. Member of FATF shall not mean an associate                a member of Financial Action
      member of FATF.                                           task Force (FATF) or a member
                                                                of a group which is a member
(vi) Know Your Customer (KYC) - QDPs will ensure                of FATF; and
KYC of the QFIs as per the norms prescribed by SEBI.
AD Category-I banks will also ensure KYC of the QFIs            (b) Resident in a country that is
for opening and maintenance of the single non- interest         a signatory to IOSCO’s MMoU
bearing Rupee accounts as per the extant norms.                 (Appendix A Signatories) or a
                                                                signatory of a bilateral MoU
(vii) Permissible currencies - QFIs will remit foreign          with SEBI
inward remittance through normal banking channel in
any permitted currency (freely convertible) directly into
the single non-interest bearing Rupee account of the
QFI maintained with an AD Category-I bank.

(viii) Pricing – The pricing of all eligible transactions and investment in all eligible securities by
QFIs under this scheme shall be in accordance with the relevant and applicable guidelines issued
from time to time.

(ix) Reporting – In addition to the reporting to SEBI as may be prescribed by them, QDPs and
AD Category-I banks (maintaining QFI accounts) will also ensure reporting to the Reserve Bank
of India in a manner and format as prescribed by the Reserve Bank of India from time to time.

(x) Hedging – QFIs would be permitted to hedge their currency risk on account of their
permissible investments (in equity and debt instruments) in terms of the guidelines issued by the
Reserve Bank from time to time.
Contributed by CA. Sudha G. Bhushan
Get in touch with us at Vinay@taxpertpro.com ||| info@taxpertpro.com ||| 09769134554 |||
09769033172

Visit us at: www.taxpertpro.com




Contributed by CA. Sudha G. Bhushan

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Investment by Qualified Financial Investor

  • 1. Scheme for Investment by Qualified Foreign Investors (QFIs) in Indian corporate debt securities A person or trust Resident of a QFI are not The Finance resident in the country signatory allowed to invest ministry feels country that is a to the in all the three wealthy investors member of the international segments of should be Financial Action organisation of capiral market - encouregd to task force is Securitites (1) MFs, invest directly, eligible to invest commissions (2) Equities helping the directly in India (IOSCO) or one country fund the that has signed a (3) Corporate current account bilateral Debt deficit at agreement with presently 4.2% of SEBI will also be the GDP in 2011- considered QFI 12 As per the extant guidelines Qualified Foreign Investors (QFI) are allowed to invest in rupee denominated units of domestic Mutual Funds and listed equity shares and allowing SEBI registered FIIs to invest in to be listed debt securities subject to the terms and conditions mentioned therein. QFIs are allowed to purchase on repatriation basis debt securities subject to the following terms and conditions: (i) Eligible instruments and eligible transactions – QFIs shall be permitted to invest through SEBI registered Qualified Depository Participants (QDPs) (defined as per the extant SEBI regulations) in eligible corporate debt instruments, viz. listed Non-Convertible Debentures(NCDs), listed bonds of Indian companies, listed units of Mutual Fund debt Schemes and “to be listed” corporate bonds (hereinafter referred to as ‘eligible debt securities’) directly from the issuer or through a registered stock broker on a recognized stock exchange in India. The Contributed by CA. Sudha G. Bhushan
  • 2. provisions relating to FIIs in case of non-listing of “to be listed” corporate bonds, within 15 days as per A.P. (DIR Series) Circular No. 89 dated March 1, 2012, shall be applicable to QFIs. QFIs shall also be permitted to sell ‘eligible debt securities’ so acquired by way of sale through registered stock broker on a recognized stock exchange in India or by way of buyback or redemption by the issuer. (ii) Mode of payment / repatriation – A QFI may open a single non-interest bearing Rupee Account with an AD Category- I bank in India, for the limited purpose of routing the receipt and payment for transactions relating to purchase and sale of units of domestic mutual funds {in terms of A.P. (DIR Series) Circular No.8 dated August 9, 2011 and A.P. (DIR Series) Circular No.42 dated November 3, 2011}, equity shares of listed Indian companies {in terms of A.P. (DIR Series) Circular No.66 dated January 13, 2012} and eligible debt securities { as in (i) above }, hereinafter referred to as ‘eligible securities for QFIs’, subject to the following conditions :  The account shall be funded by inward remittance through normal banking channel and by credit of the sale/redemption/buyback proceeds (net of taxes) and on account of interest payment / dividend on the eligible securities for QFIs.  The funds in this account shall be utilized for purchase of eligible securities for QFIs or for remittance (net of taxes) outside India.  The DP will operate such non-interest bearing Rupee Accounts on behalf of the QFIs and at the instructions of the QFIs. There is no more requirement for opening and maintenance of a single rupee pool bank account by the QDP and QFIs can henceforth invest in all ‘eligible securities for QFIs’ through this single non- interest bearing Rupee Account. (iii) Demat accounts - QFIs would be allowed to open a single demat account with a QDP in India for investment in all eligible debt securities under the QFI scheme. It is clarified that each QFI shall maintain a single demat account with a QDP for all investments in ‘eligible securities for QFIs’ in India. (iv) Limits - QFIs are permitted to invest in corporate debt securities (without any lock-in or residual maturity clause) and Mutual Fund debt schemes subject to a total overall ceiling of USD 1 billion. This limit shall be over and above USD 20 billion for FII investment in corporate debt. (v) Eligibility – The definition of QFI for investments in all eligible securities for QFIs shall be as under : QFIs shall mean a person who fulfils the following criteria : (a) Resident in a country that is a member of Financial Action task Force (FATF) or a member of a group which is a member of FATF; and Contributed by CA. Sudha G. Bhushan
  • 3. (b) Resident in a country that is a signatory to IOSCO’s MMoU or a signatory of a bilateral MoU with SEBI PROVIDED that the person  is not resident in a country listed in the public statements issued by FATF from time to time on jurisdictions having a strategic AML/CFT deficiencies to which counter measures apply or that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies;  is not resident in India;  is not registered with SEBI as a Foreign Institutional Investor (FII) or Sub-Account of an FII or Foreign Venture Capital Investor (FVCI). Explanation – For the purposes of this clause: 1. “bilateral MoU with SEBI” shall mean a QFIs shall mean a person who bilateral MoU between SEBI and the overseas fulfils the following criteria : regulator that, inter alia, provides for information sharing arrangements. (a) Resident in a country that is 2. Member of FATF shall not mean an associate a member of Financial Action member of FATF. task Force (FATF) or a member of a group which is a member (vi) Know Your Customer (KYC) - QDPs will ensure of FATF; and KYC of the QFIs as per the norms prescribed by SEBI. AD Category-I banks will also ensure KYC of the QFIs (b) Resident in a country that is for opening and maintenance of the single non- interest a signatory to IOSCO’s MMoU bearing Rupee accounts as per the extant norms. (Appendix A Signatories) or a signatory of a bilateral MoU (vii) Permissible currencies - QFIs will remit foreign with SEBI inward remittance through normal banking channel in any permitted currency (freely convertible) directly into the single non-interest bearing Rupee account of the QFI maintained with an AD Category-I bank. (viii) Pricing – The pricing of all eligible transactions and investment in all eligible securities by QFIs under this scheme shall be in accordance with the relevant and applicable guidelines issued from time to time. (ix) Reporting – In addition to the reporting to SEBI as may be prescribed by them, QDPs and AD Category-I banks (maintaining QFI accounts) will also ensure reporting to the Reserve Bank of India in a manner and format as prescribed by the Reserve Bank of India from time to time. (x) Hedging – QFIs would be permitted to hedge their currency risk on account of their permissible investments (in equity and debt instruments) in terms of the guidelines issued by the Reserve Bank from time to time. Contributed by CA. Sudha G. Bhushan
  • 4. Get in touch with us at Vinay@taxpertpro.com ||| info@taxpertpro.com ||| 09769134554 ||| 09769033172 Visit us at: www.taxpertpro.com Contributed by CA. Sudha G. Bhushan