alternative investment funds

SEBI has vide its notification dated 19th October, 2020 amended the SEBI (Alternative Investment Funds) Regulations, 2012 as follows:

Alternative Investment Fund (AIF) is a fund incorporated in India in form of a trust or company or LLP or body corporate which is basically a privately pooled investment vehicle which collects funds from investors, whether Indian or foreign for investing in accordance with its defined investment policy and objectives and which is not a mutual fund or a collective investment scheme.

Regulation 4(g) has been amended as follows. Regulation 4 pertains to eligibility criteria while granting certificate of registration to the AIF:

“(g) The key investment team of the Manager of Alternative Investment Fund has –
(i) adequate experience, with at least one key personnel having not
less than five years of experience in advising or managing pools of
capital or in fund or asset or wealth or portfolio management or in
the business of buying, selling and dealing of securities or other
financial assets; and
(ii) at least one key personnel with professional qualification in
finance, accountancy, business management, commerce,
economics, capital market or banking from a university or an
institution recognized by the Central Government or any State
Government or a foreign university, or a CFA charter from the
CFA institute or any other qualification as may be specified by the
Provided that the requirements of experience and professional
qualification as specified in regulation 4(g)(i) and 4(g)(ii) may also
be fulfilled by the same key personnel.”

What has been highlighted has been amended. Earlier it stipulated that the key personnel should have relevant professional qualification. Now what kind of professional qualification in which areas of expertise has been explicitly mentioned.

A new clause has been added in regulation 20 after sub-clause (5). Regulation 20 pertains to the general obligations, responsibilities and transparency of the AIF.

“(6) The Manager shall be responsible for investment decisions of the
Alternative Investment Fund:
Provided that the Manager may constitute an Investment Committee (by
whatever name it may be called), to approve investment decisions of the
Alternative Investment Fund, subject to the following:
(i) The members of Investment Committee shall be equally responsible as
the Manager for investment decisions of the Alternative Investment
(ii) The Manager and members of the Investment Committee shall jointly
and severally ensure that the investments of the Alternative Investment
Fund are in compliance with the provisions of these regulations, the
terms of the placement memorandum, agreement made with the
investor, any other fund documents and any other applicable law.
(iii) External members whose names are not disclosed in the placement
memorandum or agreement made with the investor or any other fund
documents at the time of on-boarding investors, shall be appointed to
the Investment Committee only with the consent of at least seventy five
percent of the investors by value of their investment in the Alternative
Investment Fund or scheme.
(iv) Any other conditions as specified by the Board from time to time.”

Manager in an AIF has been defined as “any person or entity who is appointed by the Alternative Investment Fund to manage its investments by whatever name called and may also be same as the sponsor of the Fund;”

“Investment Committee” has not been defined anywhere in the regulations.

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