April 28, 2014
All Designated Depository Participants through Depositories
Dear Sir! Madam,
Sub: Infrastructure facilities and submission of periodic reports
1. The SEBI (Foreign Portfolio Investors) Regulations, 2014 (“the Regulations”) have been notified on January 07, 2014. Pursuant to the implementation of Foreign Portfolio Investor (“FPI”) regime, SEBI approved Designated Depository Participants (“DDPs”) would grant registration to FPIs on behalf of SEBI and also carry out other allied activities in compliance with Regulations and other guidelines, circulars, issued thereunder.
2. In order to ensure proper functioning of the FPI regime, it is imperative that DDPs should have adequate infrastructure facilities and appropriate systems and controls in place. Accordingly, it has been decided as follows:
2.1. Segregation of activities: Every DDP shall maintain arms length distance from other businesses carried out by it such that:
a) the activities relating to its business as DDP is segregated from all other activities and is not influenced by its other activities;
b) its officers and employees engaged in carrying out functions of DDPs shall not be engaged in any other activity carried on by it and shall directly report to its chief compliance officer.
2.2. Infrastructure: Every DDP shall have necessary infrastructure, including adequate office space, adequate and competent manpower and computer systems capability required to discharge its activities as DDP in compliance with Regulations and other guidelines, circulars, issued thereunder.
2.3. Manual: Every DDP shall have a complete manual, setting out the systems and procedures to be followed for the effective and efficient discharge of its functions as DDPs.
2.4. Monitoring of systems and controls: Every DDP shall have adequate mechanisms for the purposes of reviewing, monitoring and evaluating its controls, systems, procedures and safeguards. Further the DDPs shall carry out internal audits of their systems.
3. Submission of periodic reports to SEBI: Every DDP shall submit periodic reports as enclosed in the Annexure A to SEBI and such other reports as may be required by SEBI.
4. The provisions of this circular would be applicable upon commencement of the Foreign Portfolio Investor (“FPI”) regime.
5. 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.
6. The circular is available on SEBI website at www.sebi.gov.in under the categories “Legal framework” and “information for – FII”.