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Designated Depository Participant

Also written DDP · Designated Depository Participant (DDP)

A SEBI-approved custodian and DP, also an AD Category-1 bank, that registers Foreign Portfolio Investors on SEBI's behalf after due diligence - and must be the same entity as the FPI's custodian.

In plain language

A foreign fund that wants to invest in Indian shares and bonds cannot simply open a demat account. It must first be registered as a Foreign Portfolio Investor (FPI). SEBI does not process that registration itself. It delegates the job to a Designated Depository Participant (DDP).

The DDP is not an ordinary DP. It must also be a SEBI-registered custodian and an RBI-authorised Authorised Dealer Category-1 bank with an international presence - the kind of institution that can assess a foreign applicant and then look after its securities.

Once appointed, the DDP does the due diligence, grants the FPI registration and issues the certificate on behalf of SEBI, and remains the FPI's custodian throughout.

How it works

From Chapter 12 (Foreign Portfolio Investors):

Background. SEBI's FPI Regulations, 2014 (notified January 7, 2014; regime from June 1, 2014) merged FIIs, sub-accounts and QFIs into a single FPI class, with operational guidelines for DDPs issued January 8, 2014. The SEBI (FPI) Regulations, 2019 (September 23, 2019) and operational guidelines of November 5, 2019 replaced them.

Role. DDPs carry out due diligence and grant registration to FPIs and issue the registration certificate. No person may deal in securities as an FPI without a certificate granted by the DDP on behalf of SEBI. The application, on SEBI forms with the fee, goes to the DDP - through the Common Application Form (CAF) on NSDL's FPI portal, FPI Monitor, which also covers PAN allotment and KYC for bank and demat accounts. After due diligence, the DDP grants registration on the portal, which generates the certificate.

Eligibility to be approved as a DDP. SEBI considers an application only if the applicant:

Condition
(a)is registered with SEBI (the workbook's wording: "a registered DDP registered with SEBI"; the alternative route below speaks of registration as a participant)
(b)is a custodian of securities registered with SEBI
(c)is an Authorised Dealer Category-1 bank authorised by RBI
(d)has multinational presence through branches or agency relationships with regulated overseas intermediaries
(e)has systems to comply with FATF Standards, PMLA 2002 and SEBI circulars
(f)is fit and proper under Schedule II of the SEBI (Intermediaries) Regulations, 2008
(g)meets any other SEBI criteria

SEBI may also approve an India-regulated entity with sufficient custodial experience, in the interest of market development, if it is registered as a participant and custodian and has a tie-up with an AD Category-1 bank.

Engagement. Each FPI must engage a DDP, and at all times the DDP and the custodian of the FPI must be the same entity.

A worked example

Illustrative - names invented; the steps are the workbook's.

Maple Pension Plan, a pension fund resident in a country whose regulator signs the IOSCO MMoU, wants to invest in Indian listed equity.

  1. It approaches Bank X, which is a SEBI-registered DP and custodian, an RBI-authorised AD Category-1 bank, with branches in several countries - so it qualifies as a DDP.
  2. Maple fills the Common Application Form on NSDL's FPI Monitor. The same form serves for FPI registration, PAN allotment and KYC for bank and demat accounts.
  3. Bank X, as DDP, checks the eligibility conditions - not a resident Indian, not an NRI/OCI, IOSCO/bilateral MoU jurisdiction, not on the UN sanctions list or an FATF-flagged jurisdiction, fit and proper.
  4. As a pension fund, Maple falls in Category I.
  5. Bank X grants registration on the portal; the certificate is generated; PAN is allotted through the portal's link with the Income Tax Department.

Could Maple register through Bank X but keep its securities with Custodian Y? No. The DDP and the FPI's custodian must be the same entity at all times. If Maple wants Custodian Y, Custodian Y must also be its DDP.

Why NISM asks about it

Chapter 12 (Foreign Portfolio Investors, 2% weightage) is short but almost entirely examinable definitions. Its review questions ask exactly this: the DDP and the ___ of the FPI shall be the same entity (custodian of securities), and which conditions an applicant must meet to be a DDP (all of: multinational presence, AD Category-1 bank, SEBI-registered custodian). Chapter 4 adds that for FPI accounts the DP must obtain SEBI registration details and the registration certificate.

Common exam traps

  • The DDP grants FPI registration on behalf of SEBI - the applicant does not apply to SEBI directly.
  • DDP and custodian must be the same entity - not the stock broker, banker or RTA.
  • All three: DP, SEBI-registered custodian and AD Category-1 bank, plus multinational presence.
  • The alternative route (India-regulated entity with custodial experience) still needs registration as participant and custodian and a tie-up with an AD Category-1 bank.
  • FPI regime began June 1, 2014; the current regulations are of 2019, and the 2014 regulations are repealed.
  • The CAF covers three things: FPI registration, PAN, and KYC for bank and demat accounts.

Where this is taught

Free preparation for NISM Series II-A

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