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IFSCA Proposes New Framework for OTC Derivatives at GIFT IFSC

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IFSCA

The IFSCA Official has released a consultation paper proposing a structured framework to allow and regulate OTC derivatives based on securities listed on IFSC exchanges or regulated foreign stock exchanges. Currently, OTC contracts on IFSC-listed securities are not permitted. The 𝐝𝐫𝐚𝐟𝐭 𝐈𝐅𝐒𝐂𝐀 (𝐑𝐞𝐩𝐨𝐫𝐭𝐢𝐧𝐠 𝐚𝐧𝐝 𝐂𝐥𝐞𝐚𝐫𝐢𝐧𝐠 𝐨𝐟 𝐎𝐓𝐂 𝐃𝐞𝐫𝐢𝐯𝐚𝐭𝐢𝐯𝐞𝐬 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐬) 𝐆𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬, 2025 aim to fill this regulatory gap and support market demand for a robust OTC segment alongside exchange-traded derivatives. The proposed Guidelines will apply only to OTC derivative contracts where the underlying assets are equity or bonds listed on a recognized IFSC exchange or a regulated foreign exchange. The key proposals are:

𝐏𝐞𝐫𝐦𝐢𝐭𝐭𝐞𝐝 𝐔𝐧𝐝𝐞𝐫𝐥𝐲𝐢𝐧𝐠: OTC derivatives such as forwards and total return swaps may be issued on:

a. Equities and bonds listed on IFSC or regulated foreign exchanges

b. Index, equity, and bond derivatives listed on regulated foreign exchanges.

𝐄𝐥𝐢𝐠𝐢𝐛𝐥𝐞 𝐈𝐬𝐬𝐮𝐞𝐫𝐬: Initially limited to IFSCA-registered entities, including:

a. IFSC Banking Units (IBUs)

b. Broker-dealers c. Others as permitted by IFSCA

𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐕𝐚𝐥𝐢𝐝𝐢𝐭𝐲: At least one party must be an eligible issuer, and the contract must be booked within IFSC.

𝐂𝐥𝐞𝐚𝐫𝐢𝐧𝐠: All contracts must be cleared through a recognized IFSC Clearing Corporation within one business day. Bilateral clearing is not permitted.

𝐑𝐞𝐩𝐨𝐫𝐭𝐢𝐧𝐠: Issuers must report trades on the same day to an IFSCA-approved Trade Repository. SEBI-registered FPIs must also report relevant trades to Securities and Exchange Board of India (SEBI).

This framework (available at https://lnkd.in/dBBxjXUe) marks a major development in establishing a regulated OTC derivatives market at GIFT IFSC, aligning it with global standards and improving its attractiveness as an international financial hub.

Readers may share their views with Regstreet Law Advisors at info@regstreetlaw.com

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