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Mumbai:
The Securities and Exchange Board of India (SEBI) has announced curbs on the use
of participatory notes (P-Notes) by overseas investors for share purchases on
the spot market and also decided to phase out their use in 18 months. SEBI
said foreign institutional investors (FIIs) and their sub-accounts cannot issue
fresh P-Notes and will have to wind up their current position in 18 months. In
spot market, FIIs will not be allowed to issue P-Notes for more than 40 per cent
of their assets under custody. SEBI also set the reference date for calculating
such assets at 30 September. SEBI
chairman M Damodaran announced the decision after a meeting of the board. The
new rules would come into effect from the close of trading hours today. Those
FIIs that have issued P-Notes of more than 40 per cent of their assets, could
issue such instruments only if they cancel, redeem, or close their existing P-Notes.
Those FIIs who have issued P-Notes less for than 40 per cent of their assets under
custody (AuC) can issue additional instruments at the rate of five per cent of
their assets. P-Notes
are issued by FIIs registered in India to unregistered overseas investors. Registered
FIIs buy Indian securities and issue the notes based on the underlying asset. These
instruments give foreign investors a backdoor entry into the market without registering
with the authorities and SEBI wants them to register so as to have transparency
on inflows. The
government also wants to moderate the flow of foreign funds into the country and
avoid a stock market bubble. India,
the world''s fastest-growing major economy after China, saw a surge of foreign
capital this year, which has pushed the rupee to its strongest against the dollar
since 1998 and helped power the stock market to a series of record highs. Shares,
which have been volatile since SEBI first made its plans public last week, ended
up 1.4 per cent ahead of the expected announcement. Meanwhile,
the Reserve Bank of India had sent a note to the finance ministry seeking a complete
ban on P-Notes or at least restrictions on their use for investments in real estate
and financial services. RBI deputy governor V. Leeladhar is a member of SEBI''s
board. Net
foreign portfolio investments in the country so far this year rose to more than
$16.5 billion, against the full-year inflow of $10.7 billion in 2005. More than
$8 billion of foreign funds flowed in the weeks after the United States cut interest
rates in mid-September.
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