Registration of FIIs and their Sub-Accounts under the Central Database of Market Participants (MAPIN database) - Clarifications - SEBI - MAPIN/Cir – 42/2004

DEPUTY GENERAL MANAGER MARKET REGULATION DEPARTMENT E-mail: [email protected] MAPIN/Cir 42/2004 December 1, 2004 To All Foreign Institutional Investors (FIIs) and Custodians of Securities Dear Sir/Madam, Sub: Registration of FIIs and their Sub-Accounts under the Central Database of Market Participants (MAPIN database) - Clarifications 1. SEBI, vide notification dated September 28, 2004, has notified FIIs and their sub-accounts as specified investors who are required to obtain a Unique Identification Number (UIN) under the SEBI (Central Database of Market Participants) Regulations, 2003 by March 31, 2005. Pursuant to the said notification, SEBI vide circular No.MAPIN/Cir-37/2004 dated October 27, 2004, specified the procedure to be followed by the specified investors for obtaining the UIN. 2. However, subsequently the custodians on behalf of the FIIs and their sub-accounts have submitted several representations to SEBI regarding the difficulties faced by them in complying with the requirements of the registration procedure. Pursuant to the above, a series of meetings was also held with the custodians during which certain amendments/modifications to the Application Forms were suggested in order to ease out the problems faced by the FIIs and their sub-accounts during the registration procedure. 3. In view of the representations received and in order to remove the difficulties and hardships faced by the FIIs and their sub-accounts during the procedure for registration under the MAPIN database, certain modifications have been made to Form B of the application form. A copy of the revised Application Form - B to be used by FIIs and their sub-accounts to apply for a UIN is enclosed as Annexure A. 4. In addition to the above, it is clarified that: 4.1. In Part A of Form B, 4.1.1. Under the column Previous Names (if any) , the FII/sub account shall indicate any change of name subsequent to its registration with SEBI. 4.1.2. Under the fields Registration Number , Registration / Formation Date etc the FII/Sub account shall submit the particulars of its SEBI Registration. 4.1.3. The Address for communication of the FII / Sub-account shall be the address mentioned by the FII/Sub-Account at the time of obtaining registration from SEBI. 4.1.4. The list of documents currently accepted as Proof of Address , has been expanded to include the following documents: a) A copy of the application form submitted to SEBI for registration as a FII / sub-account. b) A copy of the letter sent by SEBI conveying approval of registration as a FII / sub-account to the concerned entity. The letter must bear the SEBI registration number and the mailing address of the FII / sub-account as well as the mailing address of the custodian. c) However, in cases where the domestic custodian has been changed and the new custodian does not have access to any of the documents mentioned at (a) and/or (b) above, a copy of the letter sent by SEBI taking note of the change in custodian to the concerned FII / sub-account. The letter must bear the SEBI registration number and the mailing address of the FII / sub-account as well as the mailing address of the custodian. 4.2. In Part B of Form B, the column titled Net-worth need not be filled in by the FII/Sub account. 4.3. In Part C of Form B, 4.3.1. The column for Relationship will be filled in by the FIIs and their Sub-accounts in accordance with Note No. 5. 4.3.2. Where the application form is submitted by an authorized representative of the FII / sub-account, a duly notarized copy of the Power of Attorney must accompany the form. 4.4. Entities not registered with SEBI but investing through the GDR / FDI route are presently not notified as specified investors under the captioned regulations. 4.5. The custodians may make the payment towards the registration fees through a consolidated demand draft. 5. This clarificatory circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992, read with Regulation 16A of the SEBI (Central Database of Market Participants) Regulations, 2003 to protect the interest of investors in securities and to promote the development of, and to regulate the securities market. Yours faithfully, V S SUNDARESAN Encl: A copy of revised Application Form B Form B Application Form/Form for intimating changes - Bodies corporate, Intermediaries and specified inventors [ Note: All persons mentioned in regulation 12(2) shall fill up Part A Part C. If applicant is specified intermediary or registered with SEBI, it shall fill up Part A, B C of this form] (For use by POS only) Registration Fee - Rs. ..... (Demand drafts in favour of ... Only) TIN ID: Drawn on Bank Data Uploaded on: .../.../... DD No. Payable at Part A First Application Amendment Unique ID No. (Please provide in case of amendment only) Oragnisation Name (Name written here will appear on the identity card) Short Name Previous Names (if any) Effective Date (1) (2) (3) (4) (5) d d m m y y y y Form/Type of Organisation as on the date of this application (Please tick only one) Public Limited Company Private Limited Company Company Limited by Guarantee Scheduled Commercial Bank Urban Bank Co-operative Bank Registered Trust Unregistered Trust Proprietorship Firm Registered Partnership Firm Unregistered Partnership Firm NBFC Unregistered Society Registered Society Sub-accounts Foreign Institutional Investor Others Foreign Venture Capital Investors Registration No. Registration/Formation Date d d m m y y y y State of Registration Head Office City Note: ( i ) Copy of the registration document/partnership deed/trust deed may be submitted. ( ii ) Original documents will be verified by Registration Officer at the time of submitting application form. Sr. Stock Exchange on which the company is listed (if applicable) 1. 2. 3. Address for Communication: (Mailing address to be used by SEBI) House No./Apt Name/Block No: Road/Street/Lane : Area : City/Post/Taluka: Pin Telephone : STD Code Telephone Number Proof of Address (Please Tick) Copy of Income Tax Return Bank Statement Leave License Agreement Sale Agreement Copy of SEBI approval letter/Copy of SEBI letter conveying change in custodian to FII/Copy of original application form submitted to SEBI (any one) ROC Registration Certificate Please provide details of document submitted Document No. Place of Issue Document Date d d m m y y y y Declaration On behalf of ............................................................, we hereby confirm the following: We have not applied for unique identification number under this application earlier and we are applying for the first time. Or We have applied for registration earlier and unique identification number has been allotted to us. This application is for intimation of changes in the information given earlier. We declare that this application is made in the capacity of the applicant as a Body Corporate/Intermediary/Other entity. We certify that the information given in this form is true and correct. Authorised Signatory (Copy of Power of attorney to be provided) Name Designation Signature Place: Date: Acknowledgement Part - A First Application Amendment Unique Identification number (Please provide in case of amendment only) (For use by POS only) TIN : We acknowledge the receipt of application form together with fee. Please collect the identity card on date mentioned below. d d m m y y y y Date: ................................................. .............................................................. .............................................................. POS Seal and Signature Part B Details to be provided if the applicant is registered with SEBI Networth (Rs. in lakh rounded off to the nearest lakh) As on year ended../../........... Intermediary/Investor Type # SEBI Registration No. SEBI Registration Date d d m m y y y y #Please write from the list below. In case space is not sufficient, please attach additional sheets constaining the details in the above stated format. Additional space may be printed on letterhead of the organisation and duly signed. In case of multiple SEBI registrations, please mention each separately. Sr. Type of Intermediary/Investor 1. Banker to Issue 2. Clearing Corporation 3. Collective Investment Scheme 4. Credit Rating Agency 5. Custodian 6. Debenture Trustee 7. Depository 8. Depository Participant 9. Investor Association (SEBI Recognised) 10. Merchant Banker Category - I 11. Mutual Fund 12. Portfolio Manager 13. Registrar Transfer Agent Category - I 14. Registrar Transfer Agent Category - II 15. SLS Approved Intermediary 16. Stock Broker* 17. Stock Exchange 18. Sub Broker** 19. Underwriter 20. Venture Capital Fund 21. Foreign Institutional Investor 22. Sub-account 23. Foreign Venture Capital Investor *In case of Stock Brokers, please mention in the following format : Stock Broker - XYZ Stock Exchange **In case of Sub-Brokers, please mention in the following format : Sub-Broker - XYZ Stock Exchange Declaration On behalf of ...................................................., we hereby declare and state that the information given in this form is true and correct. Authorised Signatory (Copy of power of Attorney to be provided) Name Designation Signature (for use by POS only) It is hereby confirmed that the above information is verified with the original documents submitted and found to be in accordance with such documents. Signature of Registration Officer: Seal: Part C Form for Establishing Association/Dissociation [ Note: (1) This form is to notify association/dissociation between intermediary/listed company/specified investor with related persons and such other persons as is required under these regulations. This form has to be submitted after the unique identification number has been allotted to Company/Intermediary/specified investor. (2) Please submit separate forms for association and dissociation] Request For Association Request For Dissociation Name of the Applicant Nature of the Applicant Intermediary/Listed Company/Other Corporate/FII/Sub-account/ FVCI/Other specified Investor Unique identification number We notify the association/dissociation between our organisation and the entities listed here below, as per the details given below : Name Unique ID No. Relationship Type of Intermediary/ Investor (Refer Note 3) (Refer Note 1, 2 5) Notes: 1. Relationships specific to specified Listed Company are - Associate, Compliance Officer of listed company, Director, Managing Director/Whole Time Director, Promoter, Designated Employee of Listed Company, Subsidiary/Holding Company and Relatives of above. 2. Relationships specific to specified Intermediary are - Associate, Company, Director, Managing Director/Whole Time Director/Partner/Proprietor, Promoter/Sponsor, Personnel, Compliance Officer of intermediary, Officer Bearer of Investor Association and Relatives of above. 3. Please mention Type of Intermediary if the role selected is Compliance Officer of intermediary. A complete list of intermediaries is given in Part B of the application form. 4. Please attach additional sheets containing the details in the above stated format if required. Additional sheet may be printed on letterhead and duly signed. 5. Relationship specific to FII/FVC is FII/Sub-account. Authorised Signatory (Copy of Power of Attorney to be provided) Name Designation Signature Acknowledgement Part C Form for Establishing Association/Dissociation Request For Association Request For Dissociation Unique identification number We acknowledge the receipt of application form. The relationship as applied for will be established by .../.../.... Date: ................................ ....................................................................... Signature of Registration Officer and Seal