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SEBI Plans Review Of Rules Relating To Issuance Of Participatory Notes (PNs) At Its Board Meet

Capital markets regulator SEBI is set to carry out a review of the rules relating to issuance of Participatory Notes (PNs) by foreign portfolio investors, which it had revised in October last year.

A review of the securities lending and borrowing system, and the status on the launch of currency futures is also listed for discussion by the SEBI board at its meeting slated on August 13.

In October 2007, SEBI had changed some of the rules relating to the issuance of P-Notes, or PNs, as they are known in the market. Following those changes, foreign portfolio investors were barred from issuing PNs with Indian equity derivatives as the underlying.

Where the underlying is equity shares, this class of investors cannot issue PNs aggregating more than 40% of their total assets under custody. Participatory notes are like a derivative instrument issued against an underlying security, which in this case is shares of Indian firms.

These are issued by foreign portfolio investors registered here to overseas investors or clients who may not be eligible to invest in the markets here or may be reluctant to disclose their identity. The holder of PNs will be able to gain from the capital appreciation of the underlying shares.

Officials close to the development said the regulator would now carry out a review to ascertain whether any further changes were called for. Considering that there has been a sustained outflow due to overseas investors selling Indian stocks over the last few months, sources said changes if any, were likely to be flexible rather than restrictive. Overseas portfolio investors have sold stocks worth over $6.5 billion since the start of 2008.

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By Mr Chitranjan, Section SEBI & Share Market
Posted on Fri Aug 08, 2008 at 01:54:08 AM EST
The SEBI board is scheduled to discuss plans to revive the securities lending and borrowing system, which has had a dismal response since its inception in April this year. There has not been a single transaction in this window for over two months. Merchant bankers have made presentations to the regulator on how to streamline the system to improve investor participation. One suggestion relates to the extension of the tenure of the contract, which is seven days at present.

But the problem with SLBS may lie elsewhere.

The market buzz is that many overseas portfolio investors -- or FIIs as they are popularly known -- which are authorised to issue PNs, have been lending shares in their inventory to other foreign fund houses for a fee. The shares are sold and later bought back in the books of the P-note issuing FII (on behalf of the overseas investor). The resulting profits or gains are settled outside India, between the respective global arms of both these entities. Also, since there are no technical violations, there is little that the regulator can do. Many overseas investors are reported to have been heavily selling borrowed shares over the past few months.

FIIs are required to disclose the identity of their PN clients to the regulator, once a month. But, it often happens that by the time the disclosures reach SEBI, the beneficiary owner of those shares may have changed.

Source: Santosh Nair From ET Bureau 08/08/2008

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