RBI to Introduce 20 Digit Legal
Entity Identifier (LEI) from 1 Oct 2022
·
Only transactions above Rs 50 crs to be covered
[A.P.
(DIR Series) Circular No. 20 (RBI/2021-22/137) dated December 10, 2021]
Sub:
Introduction of Legal Entity Identifier for Cross-border Transactions
The Legal Entity Identifier (LEI) is a 20-digit number used
to uniquely identify parties to financial transactions worldwide to improve the
quality and accuracy of financial data systems. LEI has been introduced by the Reserve
Bank in a phased manner for participants in the over the counter (OTC) derivative,
non-derivative markets, large corporate borrowers and large value transactions in
centralised payment systems.
2. In order to further harness the benefits of LEI, it has
been decided that AD Category I banks, with effect from October 1, 2022, shall obtain
the LEI number from the resident entities (non-individuals) undertaking capital
or current account transactions of ₹50 crore and above (per transaction) under
FEMA, 1999. As regards non-resident counterparts/ overseas entities, in case of
non-availability of LEI information, AD Category I banks may process the transactions
to avoid disruptions. Further, AD Category I banks may encourage concerned entities
to voluntarily furnish LEI while undertaking transactions even before October 1,
2022. Once an entity has obtained an LEI number, it must be reported in all transactions
of that entity, irrespective of transaction size.
3. AD Category-I banks shall have the required systems in
place to capture the LEI information and ensure that any LEI captured is validated
against the global LEI database available on the website of the Global Legal Entity
Identifier Foundation (GLEIF).
4. AD banks may bring the contents of this circular to the
notice of their constituents concerned and advise entities who undertake large value
transactions (₹50 crore and above) under FEMA, 1999 to obtain LEI in time,
if they do not already have one issued.
5. Entities can obtain LEI from any of the Local Operating
Units (LOUs) accredited by the GLEIF, the body tasked to support the implementation
and use of LEI. In India, LEI can be obtained from Legal Entity Identifier India
Ltd. (LEIL) (https://www.ccilindia-lei.co.in), which is also recognised as an
issuer of LEI by the Reserve Bank under the Payment and Settlement Systems Act,
2007. The rules, procedures and documentation requirements may be ascertained from
LEIL.
6. The directions contained in this circular are being issued
under sections 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999
(42 of 1999) and are without prejudice to permissions/approvals, if any, required
under any other law.