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SEBI lifts ban on Barclays for issuing ODIs

31 Aug 10 06:02 PM
ET
MUMBAI: Market regulator SEBI has lifted ban on British bank Barclays for issuing offshore derivative instruments, a move which will allow the lender to facilitate investment by unregistered entities into Indian stock markets.

The Securities and Exchange Board of India, in December last year, had banned Barclays Bank Plc from issuing overseas derivative instruments (ODI) following its failure to provide "true and accurate picture of transactions" as required by the regulations.

"The deficiencies in the systems and processes of Barclays have now been remedied ... The ex-parte directions issued against Barclays Bank PLC vide the order dated December 9, 2009, shall stand revoked with immediate effect," SEBI said in a ruling.

ODIs are investment vehicles issued by Foreign Institutional Investors (FIIs) to unregistered overseas investors for parking their funds in Indian equities and derivatives.

The market regulator said the British bank has taken steps to streamline its system.

"From submissions made by Barclays and the review reports of KPMG ... Barclays has undertaken steps to validate its systems and processes to ensure that true and correct reports of its ODI activity are furnished to SEBI," the order said.

SEBI had banned Barclays from issuing ODIs after finding that the bank had been "non-compliant with the provisions of regulations and is not capable of providing information."

The case pertains to reporting of four ODIs issued by Barclays back in December 2006 with Reliance Communications as underlying assets.

Initially, Barclays in its report to SEBI had said that ODIs were issued to the UBS AG. Later, the bank told the regulator that they were issued to Hythe Securities and not UBS.

In its December 2009 order, SEBI had asked the bank to furnish a certificate from an auditor of international standing about its ability to correctly report transactions.