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Core Purpose

Notification of the Securities and Exchange Board of India (Foreign Portfolio Investors) (Second Amendment) Regulations, 2023, further amending the SEBI (Foreign Portfolio Investors) Regulations, 2019.

Detailed Summary

Notification No. SEBI/LAD-NRO/GN/2023/143 dated 10th August 2023, issued by the Securities and Exchange Board of India, in exercise of powers under sub-section (1) of Section 30 read with sub-section (1) of Section 11, clause (ba) of sub-section (2) of Section 11, and sub-sections (1) and (1A) of Section 12 of the Securities and Exchange Board of India Act, 1992, and Section 25 of the Depositories Act, 1996, makes the SEBI (Foreign Portfolio Investors) (Second Amendment) Regulations, 2023, effective from the date of publication in the Official Gazette, further amending the SEBI (Foreign Portfolio Investors) Regulations, 2019. In regulation 4, clause (f), the threshold "twenty five percent or more" is substituted with "more than the threshold prescribed under sub-rule (3) of rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005." New sub-regulations (6) and (7) are inserted in regulation 22, requiring a foreign portfolio investor meeting Board-specified criteria to provide information or documents relating to persons with ownership, economic interest, or control in the FPI, in the manner specified by the Board. Signed by Babitha Rayudu, Executive Director (ADVT.-III/4/Exty./341/2023-24). A footnote states the principal SEBI (Foreign Portfolio Investors) Regulations, 2019 were published on 23 September 2019 vide No. SEBI/LAD-NRO/GN/2019/36, and lists ten subsequent amendments dated between 19 December 2019 and 4 July 2023.

Full Text

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 558] NEW DELHI, THURS DAY, AUGUST 10 , 2023/ SHRAVANA 19, 1945 CG-MH-E-10082023-248012 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 10th August 2023 Securities and Exchange Board of India (Foreign Portfolio Investors) (Second Amendment) Regulations, 2023 No. SEBI/LAD -NRO/GN/2023/143 .—In exercise of the powers conferred by sub -section (1) of Section 30 read with sub -section (1) of Section 11, clause (ba) of sub -section (2) of section 11 and sub -sections (1) and (1A) of Section 12 of the Securities and Exchange Board of India Act, 1992, and under Section 25 of the Depositories Act, 1996, the Board hereby makes the following regulations, to further amend the Securities and Exchange Board of India (Foreign Portfolio Investors ) Regulations, 2019, namely, – 1. These regulations may be called the Securities and Exchange Board of India (Foreign Portfolio Investors) (Second Amendment) Regulations, 2023. 2. They shall come into force on the date of t heir publication in the Official Gazette. 3. In the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019, – I. In regulation 4, in clause (f), the words “ twenty five percent or more ” shall be substituted with the words and sym bol “more than the threshold prescribed under sub -rule (3) of rule 9 of the Prevention of Money -laundering (Maintenance of Records) Rules, 2005”. II. In regulation 22, after sub -regulation (5), the following sub -regulations shall be inserted, namely, - “(6) A foreign portfolio investor that fulfils the criteria specified by the Board from time to time, shall provide information or documents in relation to the persons with any ownership, economic interest or control, in the foreign portfolio investor. (7) The information or documents specified in sub -regulation (6) shall be provided in the manner as may be specified by the Board from time to time.” BABITHA RAYUDU, Executive Director [ADVT. -III/4/Exty./ 341/2023 -24] Footnote: 1. The Securities and Exchange Board of India (Forei gn Portfolio Investors) Regulations, 2019, the Principal Regulations were published in the Gazette of India on September 23, 2019 vide No. SEBI/LAD - NRO/GN/2019/36). 2. The Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019 were subsequently amended on – (1) 19th December, 2019 by the Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2019 vide No. SEBI/LAD -NRO/GN/2019/44. (2) 7th April, 2020 by the Securities and Exchange Board of India (Fo reign Portfolio Investors) (Amendment) Regulations, 2020 vide No SEBI/LAD -NRO/GN/2020/09. (3) 17th April, 2020 by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2020 vide No. SEBI/LAD -NRO/GN/2020/10. (4) 3rd August, 2021, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2021, vide No. SEBI/LAD -NRO/GN/2021/30. (5) 3rd August, 2021 by the Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2021 v ide No. SEBI.LAD -NRO/GN/2021/32. (6) 26th October, 2021 by the Securities and Exchange Board of India (Foreign Portfolio Investors) (Second Amendment) Regulations, 2021 vide No. SEBI.LAD -NRO/GN/2021/54 (7) 14th January, 2022 by the Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2022 vide No. SEBI/LAD -NRO/GN/2022/64 (8) 9th November, 2022 by the Securities and Exchange Board of India (Payment of Fees (Amendment) Regulations, 2022 vide No. SEBI/LAD -NRO/GN/2022/99 (9) 14th March, 2023, by the Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2023 vide No. SEBI/LAD -NRO/GN/2023/128. (10) 4th July, 2023, by the Securities and Exchange Board of India (Alternative Dispute Resolution Mechanis m) (Amendment) Regulations, 2023 vide No. SEBI/LAD -NRO/GN/2023/137. Uploaded by Dte . of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publication s, Delhi -110054 .

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