INVESTMENTS BY FIIs/QFIs IN CREDIT ENHANCED BONDS
CIRCULAR NO IMD/FIIC/19/2013, DATED 28-11-2013
1. On
September 10, 2012, Government of India decided to permit Foreign
Institutional Investors (FIIs) to invest in "Credit Enhanced INR Bonds"
up to an equivalent of US$ 5 billion within the overall Corporate Bond
limit of US$ 51 billion. The Reserve Bank of India vide circular
RBI/13-14/368 dated November 11, 2013 had permitted FIIs and QFIs to
invest in the credit enhanced bonds, as per paragraph 3 and 4 of the
RBI A.P. (DIR Series) Circular No. 120 dated June 26, 2013, up to a limit of USD 5 billion within the overall limit of USD 51 billion earmarked for corporate debt.
2. The
depositories shall monitor FII/QFI investments in credit enhanced
bonds, so as to ensure that aggregate investments by FIIs/QFIs in such
bonds shall not be more than 90% of the US $ 5 billion limit i.e US $
4.5 billion. The Custodian/QDP shall provide on a daily basis, FII/QFI
wise, ISIN wise and company wise buy/sell information and any other
transaction or any related information to their respective depositories
on the same day i.e the day on which the transaction was carried out,
before the time stipulated by the depositories.
3. The
depositories shall jointly publish/ disseminate the aggregate
investment of FIIs/QFIs in Credit Enhanced Bonds, to public, on a daily
basis.
4. When
the aggregate investments of all the FIIs/QFIs reaches 90% of the
investment limit, notice informing the same shall be published by the
depositories on their websites and no fresh purchases shall be allowed
without prior approval of the depositories. The same shall be informed
by the depositories to the Custodians/QDPs and recognized stock
exchanges having nationwide terminals. The depositories shall also
inform the Custodians/QDPs and stock exchanges when aggregate
investments of all the FIIs/QFIs fall below 90% of the investment
limits.
5. For
fresh purchases by FIIs/QFIs after the investment limit reaches 90%,
prior approval of the depositories shall be obtained. The FII/QFI shall
make such request for prior approval to the concerned depository through
the Custodians/QDPs specifying therein the name of the FII/QFI, PAN and
other unique identification number relating to that FII/QFI, by way of
any mode of communication as specified by the depositories in
consultation with each other. The concerned depository shall provide the
details of prior approval requests received by it to the other
depository.
6. After
market hours, the depository shall give approval to request for
purchase on a first-come-first-served basis in co-ordination with the
other depository, based on time of receipt of the prior approval
requests by the depositories. The validity of the approval shall be for
the next two trading days.
7. In
case the aggregate holding of the FII/QFI exceeds overall investment
limit, the depositories shall jointly notify the respective
Custodians/QDPs regarding the breach along with the names of the FII/QFI
due to whom the limits have been breached. For this purpose, the stock
exchanges shall provide the required information so as to enable the
depositories to identify the transaction details of the FII/QFI
including the name of FII/QFI, PAN and/ or other unique identification
number relating to that FII/QFI, purchase quantity and time or any other
information as may be required by the depositories.
8. In
case the aggregate holding of the FII/QFIs exceeds overall investment
limit for whatsoever reason, the FII/QFI due to whom the limit is
breached shall mandatorily divest excess holdings within seven working
days of such breach being notified by depositories to the DP. The
Custodians/QDPs shall obtain necessary authorization from the FII/QFI at
the time of account opening for such divestment of excess holdings.
This
circular is issued in exercise of powers conferred under section 11(1)
of the Securities and Exchange Board of India Act, 1992, to protect the
interests of investors in securities and to promote the development of,
and to regulate the securities market.
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