Regulation 2 - Definitions - Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019

Definitions. 2. (1) In these regulations, unless the context otherwise requires, the terms defined herein shall bear the meanings assigned to them below, and their cognate expressions and variations shall be construed accordingly,- (a) Act means the Securities and Exchange Board of India Act, 1992 ; (b) appropriately regulated entity means an entity which is regulated by the securities market regulator or the banking regulator of home jurisdiction or otherwise, in the same capacity in which it proposes to make investments in India; (c) Bilateral Memorandum of Understanding with the Board shall mean a bilateral Memorandum of Understanding between the Board and any authority outside India that provides for information sharing arrangement as specified under clause (ib) of sub-section (2) of Section 11 of the Act; (d) Board means the Securities and Exchange Board of India established under section 3 of the Act ; (e) certificate means a certificate of registration granted to a foreign portfolio investor by the designated depository participant on behalf of the Board under these regulations; (f) control includes the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of shareholding or management rights or shareholders agreements or voting agreements or in any other manner; (g) custodian means a person registered under the Securities and Exchange Board of India (Custodian) Regulations, 1996; (h) designated bank means a scheduled bank in India, which has been authorised by the Reserve Bank of India to act as a banker to foreign portfolio investors; (i) designated depository participant means a person who has been approved by the Board under Chapter III of these regulations; (j) foreign portfolio investor means a person who has been registered under Chapter II of these regulations and shall be deemed to be an intermediary in terms of the provisions of the Act; (k) Form means an application form for obtaining registration as foreign portfolio investor as notified by the Government of India or as specified by the Board; (l) International Financial Services Centre or IFSC shall have the same meaning as assigned to it in clause (q) of section 2 of the Special Economic Zones Act, 2005 ; (m) investment manager shall include an entity performing the role of investment management or any equivalent role, including trustee(s); (n) non-resident Indian and overseas citizen of India shall have the same meaning as assigned to such terms under 1 [ rule 2 of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 ] made under the Foreign Exchange Management Act, 1999; (o) offshore derivative instrument means any instrument, by whatever name called, which is issued overseas by a foreign portfolio investor against securities held by it in India, as its underlying; (q) resident Indian shall have the same meaning assigned to the term person resident in India under the Foreign Exchange Management Act, 1999; (r) Schedule means a Schedule to these regulations; (s) stock exchange means a recognised stock exchange under the Securities Contracts (Regulation) Act, 1956 . (2) Words and expressions used and not defined in these regulations, but defined in the Act or the Foreign Exchange Management Act, 1999 , the Companies Act, 2013, the Securities Contracts (Regulation) Act, 1956, the Depositories Act, 1996 or the rules and regulations made thereunder shall have the same meaning respectively assigned to them in those Acts or rules or regulations or any statutory modification or re-enactment thereto. ************ NOTES:- 1. Substituted vide Notification No. SEBI/LAD-NRO/GN/2019/44 dated 19-12-2019 before it was read as, regulation 2 of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017