What Happened?
On September 18, 2026, the Reserve Bank of India (RBI) issued an Amendment Direction (RBI/2026-27/257) modifying the KYC requirements for commercial banks. The key change: Foreign Portfolio Investors (FPIs) can now obtain certified copies of identification documents from overseas authorities β a facility previously available only to Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs). This amendment makes KYC verification easier for foreign investors opening bank accounts in India.
Background & Legal Context
Why This Matters Under Indian Law:
The KYC framework in India operates under multiple legal structures:
- Prevention of Money Laundering Act, 2002 (PMLA) β India's primary anti-money laundering law requiring banks to verify customer identity
- Prevention of Money-Laundering (Maintenance of Records) Rules, 2005 β specifies how records must be maintained
- Foreign Exchange Management Act (FEMA), 1999 β governs foreign investment in India
- Banking Regulation Act, 1949 β gives RBI authority over banking sector compliance
- Payment and Settlement Systems Act, 2007 β regulates payment systems
The RBI has authority to issue these directions under Section 35A of Banking Regulation Act, Section 11(1) of FEMA 1999, and Rule 9(14) of PMLA Rules 2005.
What Changed in This Amendment:
Previously, the RBI's KYC Directions of 2025 (dated November 28, 2025) allowed only NRIs and PIOs to obtain certified copies from overseas authorities. The new amendment extends this facility to FPIs as well. This means three categories of foreign persons can now use overseas certifications:
- Non-Resident Indians (NRIs) β Indian citizens residing outside India
- Persons of Indian Origin (PIOs) β foreign citizens with Indian ancestry, as defined under FEMA Deposit Regulations, 2016
- Foreign Portfolio Investors (FPIs) β NEW ADDITION β foreign entities investing in Indian securities/portfolio
Acceptable Certifying Authorities (for overseas documents):
Banks can now accept certified copies issued by any of these six overseas authorities:
- Authorised officials of overseas branches of Scheduled Commercial Banks registered in India
- Branches of overseas banks with whom Indian banks have relationships
- Notary Public abroad
- Court Magistrate
- Judge
- Indian Embassy or Consulate General in the country where the non-resident customer resides
What Does This Mean for You?
If You Are an NRI or PIO Opening a Bank Account:
You already had this facility, but the amendment reaffirms your rights. You do not need to arrange original certified copies in India. Instead, you can get your identity documents certified by a notary public, court magistrate, judge, or Indian Embassy abroad β much simpler than obtaining Indian certifications. This saves time and expense for overseas document verification.
If You Are a Foreign Portfolio Investor (FPI):
This is significant good news. FPIs investing in Indian stock markets, bonds, and other securities now have the same simplified KYC process as NRIs and PIOs. Previously, FPIs had to follow stricter KYC procedures. Now you can:
- Get documents certified abroad by notaries, magistrates, or judges
- Approach your home country's Indian Embassy for certification
- Use certified copies from overseas bank branches instead of arranging fresh certifications in India
Tax Implications Under Income Tax Act, 2025:
While this is primarily an RBI/banking compliance matter, it affects tax filing for AY 2026-27 and onwards. FPIs earning income from Indian securities must file income tax returns under Section 139 of Income Tax Act, 2025. The simplified KYC will enable faster account opening, which helps FPIs:
- Invest capital promptly without KYC delays
- Declare foreign investments properly to Indian tax authorities
- Avoid penalties under Section 271G (failure to report foreign assets) by maintaining clear, verified bank records
For Commercial Banks:
Banks must now update their KYC verification procedures. When FPIs come with overseas-certified documents, banks must treat them at par with NRI/PIO certifications. Banks can no longer reject FPI applications for lacking Indian-certified copies.
What Should You Do Now?
If You Are an FPI:
- Prepare overseas certifications β Get your passport/identification documents certified by a notary public, court magistrate, or judge in your home country, or approach the Indian Embassy
- Visit your chosen Indian bank β Inform them you are an FPI and possess overseas-certified documents
- Request KYC form β Ask for the latest KYC form under the new 2026 amendment directions
- Submit documents β Provide overseas-certified copies along with your application
- Confirm acceptance β Ensure the bank manager confirms they will accept these certifications under the new RBI amendment
- Keep proof β Retain copies of the RBI amendment direction for your records in case of disputes
If You Are an NRI/PIO:
No action needed. Continue with the same process you were using earlier. This amendment simply reinforces your existing rights and brings FPIs to your level.
If You Are a Bank Manager:
- Update your compliance manual to include FPIs in the certified copy provision
- Train your KYC team to accept overseas certifications from FPIs
- Ensure your AML (Anti-Money Laundering) team records the certification source properly
- Document the amendment in your file for regulatory audit purposes
Key Takeaways
- FPIs Now Get Same Facility as NRIs/PIOs: Foreign Portfolio Investors can obtain certified copies from overseas authorities instead of arranging Indian certifications
- Six Acceptable Overseas Sources: Notary public, magistrate, judge, overseas bank branches, Indian Embassy/Consulate, or authorized officials of Indian bank branches abroad
- Effective Immediately: The amendment came into force on September 18, 2026, with no transition period
- Tax Compliance Impact: Faster KYC allows FPIs to open accounts quickly and maintain proper documentation for Indian income tax filing under Income Tax Act, 2025
- Banks Must Comply: Rejection of overseas-certified documents for FPIs is now non-compliant with RBI directions
Bottom Line: This RBI amendment is investor-friendly. If you are an FPI, you no longer face delays in opening Indian bank accounts due to KYC verification. The simplified process brings FPIs to parity with NRIs and PIOs, making India more attractive for foreign investment. For NRIs and PIOs, the amendment reaffirms your existing rights.
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