Two More Regulations for Gift City, Bullion Exchange and Fin Centre,
Okayed
·
International Financial Services
Centres Authority (Bullion Exchange) Regulations, 2020
·
International Financial Services Centres Authority (Global In-House Centres)
Regulations, 2020
A meeting of the International Financial Services Centres Authority (IFSCA) was held on 27 October 2020.
The Board, after detailed deliberations, approved the
following regulations:
a.
International Financial Services Centres Authority (Bullion Exchange) Regulations, 2020
The Government of India, on the recommendation of IFSCA,
notified the bullion spot delivery contract and bullion depository receipt
(with bullion as underlying) as Financial Products and related services as
Financial Services under the IFSCA Act, 2019 on August 31, 2020.
IFSCA has been tasked with the responsibility of
operationalization of this bullion Exchange. For the first time in India a
single regulator will be regulating both the bullion spot and derivative
contracts that would be traded on the Exchange.
The Authority approved the draft bullion regulations in its
meeting today, which paves the way for setting up the entire ecosystem for
bullion trading, namely, bullion exchange, depository, clearing house and
vaults.
The salient aspects of the Bullion Exchange Regulations
include:
·
Functions and general obligations of a
bullion exchange and clearing corporation
·
Ownership and governance structure of a
bullion exchange and clearing corporation
·
Rights and Obligations of Bullion
Depositories, Participants and Beneficial Owners
·
The grant of registration to a vault
manager by the Authority
·
The role of bullion depositories
·
Other operational aspects of the
bullion exchange
The Bullion Exchange Regulations envisage to provide an integrated
platform for all the market intermediaries including trading members/ clearing
members, bullion depositories, vault managers, etc. so as to facilitate
transparency and traceability in the bullion market and standardisation
of bullion contracts.
b.
International Financial Services Centres Authority (Global In-House Centres)
Regulations, 2020
On October 16, 2020, Government of India, on the
recommendation of IFSCA, had notified Global In-House Centres
(GIC) as financial service to provide services relating to financial products
and financial services.
Some of the salient features of the regulations approved by
the Authority are as follows:
·
A GIC may conduct its business in any
mode permitted by the Authority, including branch mode
·
The applicant entity shall exclusively
cater to its financial services group wherein the entities served must be
located in a Financial Action Task Force (FATF) compliant jurisdiction
·
A financial services group is defined
as any entity which is regulated by a financial services regulator or any other
competent body regulating financial services activities in its home
jurisdiction and include its holding, subsidiary or associate companies,
branch, or subsidiary of a holding company to which it is also a subsidiary
·
The support services provided by the
applicant entity to its financial services group should be for the purpose of
carrying out a financial service in respect of a financial product
·
A GIC set up within the IFSC shall be
entitled to avail itself of all concessions including tax holiday applicable to
IFSC units
In recent years, GICs in India have been contributing to
development of highly skilled talent pool in the country. India is emerging as
world’s leading centre of digitization, with one of largest
pool of digital talents. These GIC regulations issued by IFSCA has the
potential to put GIFT-IFSC in the leagues of leading FinTech
cities, generating significant employment opportunities.
The abovementioned regulations will be notified by the Government
of India in due course.