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Sebi eases norms for FPIs, investment trusts;to curb PE misuse

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Press Trust of India Mumbai
Last Updated : Sep 23 2016 | 10:49 PM IST
Seeking to deepen capital markets, regulator Sebi today offered direct entry to well-regulated foreign investors for investing in corporate bonds and relaxed the norms for raising funds through infrastructure and real estate investment trusts.
At the same time, Sebi also unveiled a number of steps to check misuse of private equity agreements for grant of share price-based remuneration and proposed to ban use of bulk SMSes, emails and new-emerging techniques like games, competitions and trading leagues for luring the gullible investors into fraudulent activities.
Sebi also allowed foreign investors to own up to 15 per cent stake in domestic stock and commodity exchanges, a move that is expected to help attract more overseas funds. Currently, foreign entities can hold only up to 5 per cent stake in an exchange. The move will also help the two leading stock exchanges BSE and NSE in their proposed IPOs.
The slew of measures were approved by Sebi at a meeting of its board, which also cleared a proposal to allow companies to allot more shares for their employees during public offers, by hiking the limit for the value of such allotments to Rs 5 lakh, up from Rs 2 lakh currently.
In another step aimed at improving ease of doing business, Sebi decided to provide permanent registration to merchant bankers, investment advisers, research analysts and eight other categories of market intermediaries.
The Securities and Exchange Board of India (Sebi) already gives permanent registration to stock brokers and sub-brokers subject to their compliance with certain requirements.
To improve access to investors in the north-eastern region and spread financial literacy, the capital market regulator also approved setting up a new office in Agartala.

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It will also establish an office at Vijayawada, the new capital of Andhra Pradesh.
Making REITs and InvITs more attractive for raising capital, Sebi has now decided to allow them to invest in two- level (special purpose vehicle) structure through holding company.
It also removed the limit on the number of sponsors. Currently, three sponsors are required.
Further, holding company would be allowed to distribute 100 per cent cash flow realised from underlying SPVs and at least 90 per cent of the remaining cash flow.
(REOPENS DEL 60)
With regard to angel investors putting money in start- ups, the board has approved amendment to Sebi (Alternative Investment Funds) Regulations, 2012, following which the definition of start-up for angel funds investments will be similar to definition given in DIPP's start-up policy.
"Accordingly, angel funds will be allowed to invest in start-ups incorporated within five years, which was earlier 3 years," Sebi said.
To diversify risks, Sebi has also allowed the angel funds to make overseas investments up to 25 per cent of their investible corpus, in line with other AIFs.
Angel fund, a sub-category of AIF, encourages entrepreneurship in the country by financing small start-ups at a stage where such firms find it difficult to obtain capital from traditional sources of finance such as banks and financial institutions.
Presently, 266 AIFs are registered with Sebi.
Allowing more investment avenues for FPIs, Sebi said investments in the unlisted corporate debt securities will be subject to minimum residual maturity of three years and end use-restriction on investment in real estate business, capital market and purchase of land.
"The expression 'Real Estate Business' shall have the same meaning as assigned to it in the Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) Regulations," the regulator said.
Among others, the Sebi board permitted FPI investment in securitised debt instruments, including certificate or instrument issued by a special purpose vehicle (SPV) set up for securitisation of asset with banks and other financial institutions. The permitted avenues include certificate or instrument issued and listed in compliance of Sebi norms.
"Investment by FPIs in the unlisted corporate debt securities and securitised debt instruments shall not exceed Rs 35,000 crore within the extant investment limits prescribed for corporate bond from time to time, which currently is Rs 2,44,323 crore.
"Further, investment by FPIs in securitised debt instruments shall not be subject to the minimum three-year residual maturity requirement," Sebi said.
While cracking the whip on side deals between PE funds and promoters of companies, the market regulator has also said that all such agreements entered during the past three years, even if they are not valid now, should be communicated to the stock exchanges for public dissemination.
Existing agreements entered into prior to the date of notification and which may continue to be valid beyond such date will need to be intimated to the bourses and approval will be required from public shareholders by way of an ordinary resolution in the forthcoming general meeting.
"Interested persons involved in the transactions shall abstain from voting on the said resolution," Sebi said.
Several instances of private equity funds entering into compensation agreements with promoters, directors and key managerial personnel of listed investee companies based on performance of such companies have recently come to light.

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First Published: Sep 23 2016 | 10:49 PM IST

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