Regulatory Expansion for Foreign Investors
The Securities and Exchange Board of India (SEBI) has broadened the scope of exchange-traded commodity derivatives available to foreign portfolio investors (FPIs). The regulator’s board approved FPI participation in non-agricultural index derivatives, regardless of whether the underlying contracts are cash-settled. Additionally, FPIs are now permitted to trade in non-cash-settled non-agricultural commodity derivatives.
This expansion is intended to enhance liquidity within the commodity derivatives market. By allowing foreign capital to access a wider array of instruments, SEBI aims to increase trading volumes and market depth in these segments.
Strict Exit Protocols
To ensure that FPIs do not inadvertently enter the physical delivery process, SEBI has implemented specific exit protocols. FPIs trading in non-cash-settled non-agricultural commodity derivatives are required to exit their positions before any delivery obligation arises.
Specifically, FPIs must square off their positions before the start of the Tender Period. This period begins three days prior to the expiry of the contract. Consequently, FPIs are not allowed to increase their positions from the T-3 day (three days before expiry) onwards. This restriction ensures that foreign investors remain in the speculative or hedging segment of the market without triggering physical settlement requirements.
Operational Requirements for FPIs
Before an FPI can begin trading on an exchange, it must enter into a formal agreement with its Trading Member or Trading-cum-Clearing Member (TM/TCM). This agreement will outline the procedures for managing the FPI’s positions, including specific arrangements for squaring off positions before delivery obligations kick in.
In cases where residual open positions remain held by an FPI just before the start of the Tender Period, these positions can be devolved to the TM/TCM. The devolution will occur at the closing price or the daily settlement price declared by the exchange on the day the positions are transferred. It is important to note that the transfer of an FPI’s open position to the TM/TCM is treated as a trade and will attract applicable statutory levies.
Objective of the Move
SEBI stated that this regulatory change is aimed at deepening liquidity in the commodity derivatives market. By providing safeguards that prevent FPIs from entering the physical delivery process, the regulator seeks to encourage foreign participation while maintaining the integrity of the delivery mechanism for domestic participants.
