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Corporate Laws Central Ministry of Finance Securities and Exchange Board of India Act, 1992

Amendment to Circular for mandating additional disclosures by FPIs that fulfil certain objective criteria

20-Mar-2024 | SEBI/HO/AFD/AFD-POD-2/P/CIR/2024/19

SEBI has issued amendment to circular for mandating additional disclosures by FPIs that fulfil certain objective criteria as mentioned in SEBI vide Circular No. SEBI/ HO/ AFD/ AFD-PoD-2/CIR/P/2023/148 dated August 24, 2023.

By virtue of this circular it has been decided that an FPI having more than 50% of its Indian equity AUM in a corporate group shall not be required to make the
additional disclosures as specified in Para 7 of the said Circular, subject to compliance with all of the following conditions:

1. The apex company of such corporate group has no identified promoter. For this purpose, the list of corporate groups based on the corporate repository published by the Stock Exchanges and their respective apex companies having no identified promoters shall be made public by Depositories.

2. The FPI holds not more than 50% of its Indian equity AUM in the corporate group, after disregarding its holding in the apex company (with no identified promoter).
3. The composite holdings of all such FPIs (that meet the 50% concentration criteria excluding FPIs which are either exempted or have disclosed) in the apex company is less than 3% of the total equity share capital of the apex company.

For FPIs that met the objective criteria specified under Para 7(a) of the said Circular dated August 24, 2023, as on October 31, 2023 and neither realigned their portfolio within the specified time-period nor were exempted, additional disclosures were required to be made on or before March 12, 2024. It is clarified that such FPIs who met the conditions specified under Para 2 above, as on March 12, 2024, shall not be subjected to actions consequent to non-disclosures, as specified in Para 12 and Para 13 of said Circular dated August 24, 2023.

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