· Transactions under this facility are covered by a three-part agreement involving the Indian subsidiary, its non-resident parent/treasury company and AD Bank. This agreement includes the exact relationship between the subsidiary or Indian entity with its foreign-bound entity, the relative role and liability of the parties, and the procedure applicable to the transactions, including settlement. The ISDA agreement between the AD bank and the non-resident entity is different from this one. · The non-resident entity may contact a Cat-I AD bank directly, which conducts the foreign exchange transactions of its subsidiary for the booking of derivative contracts in order to cover the foreign exchange risk of that company and on its behalf. · The Indian subsidiary is responsible for complying with FEMA`s 1999 rules, rules and instructions and all other laws/regulations/regulations applicable to these transactions in India. 03.04.2018 Updated by Avantis RegTech Legal Research Team Document for RBI Master Direction on Risk Management and Inter-Bank Dealings as on 2018-04-03 The bank account and accounts of the Indian subsidiary are accounted for in the bank account and accounts of the Indian subsidiary. AD Bank receives an annual certificate from the Indian subsidiary from its auditors. · AD Bank can obtain KYC/AML certification in the format of The Master Direction on Risk Management and Inter Bank Dealings in Schedule XVIII, which is modified from time to time. · The non-resident organization should be integrated into a member of the Financial Action Task Force (FATF) or a member of a regional FATF-style organization.
[RBI/FMRD/2016-17/31 FMRD Master Direction No. 1/2016-17] The Reserve Bank of India (RBI) updated the Master Direction on Risk Management and Inter-Bank Dealings on April 02, 2018. In this report, operational guidelines for the coverage of exposures of Indian subsidiaries are inserted, as under:- The non-resident entity may charge each product either as part of the contractual itinerary or on the basis of previous services that the Indian subsidiary may use. · The AD bank concerned is responsible for overseeing all speculative transactions (OTCs and traded transactions) carried out by the non-resident entity and ensuring that the Indian subsidiary has the underlying risk necessary for hedging transactions. URL: rbidocs.rbi.org.in/rdocs/notification/PDFs/MD3191FD1C01B7704FB9B24E7073F651AB51.PDF AD banks notify the hedging contracts reserved by the non-resident unit linked under this facility to the CCIL central repository with a special identification date.