Foreign Portfolio Investment And Its Impact Of Regulatory Arbitrage In Indian Capital Markets
- IJLLR Journal
- Apr 28
- 1 min read
Sanjith S, LL.B., Symbiosis Law School, Pune
ABSTRACT
The research article will delve into the primary regulations governing Foreign Portfolio Investors in India, their impact of regulatory arbitrage in Indian Capital Markets while also examining the SEBI (Foreign Portfolio Investors) Regulations, 2019, SEBI Circulars and classification of FPIs, highlighting the investment avenues and investment limits. The article then slightly touches upon the Double Taxation Avoidance Agreement (DTAA) and the General Anti-Avoidance Rules (GAAR) in context of FPIs in India. The article then moved to case analysis of Adani-Hindenburg Research Report, exploring the opaque foreign funds and minimal disclosure requirements on beneficial ownership to evade regulatory scrutiny. The article further looks into the exploitation of Offshore Derivative Instruments (ODIs) and portfolio segregation to facilitate jurisdictional arbitrage and prevent market limitations. Lastly, the article evaluates SEBI’s recent regulations on increased disclosure requirements and separate registrations for Offshore Derivative Instruments issuing Foreign Portfolio Investors. And the article concludes with key recommendations to be implemented for balancing both investor and country’s interest, regulatory efficiency by filling gaps and India’s long-term financial stability.
Keywords: Foreign Portfolio Investment; Securities and Exchange Board of India (SEBI); Double Taxation Avoidance Agreement (DTAA); Financial Action Task Force (FATF)
