Specific due diligence of investors and investments of AIFs

-

 SEBI has issued a circular, SEBI/HO/AFD/AFD-POD-1/P/CIR/2024/135, dated October 8, 2024, regarding specific due diligence requirements for Alternative Investment Funds (AIFs) and their investments. This circular aims to prevent the circumvention of laws, particularly those related to Qualified Institutional Buyers (QIBs), Qualified Buyers (QBs), RBI-regulated lenders, and investments from countries sharing land borders with India.



Key Requirements:

- Due Diligence for QIBs and QBs: AIFs must conduct due diligence on investors contributing 50% or more to the scheme's corpus to prevent ineligible investors from availing QIB or QB benefits.
- RBI-Regulated Lenders: AIFs with RBI-regulated lenders or investors must ensure compliance with RBI norms on income recognition, asset classification, provisioning, and restructuring of stressed assets.
- Investments from Border Countries: AIFs with investors from countries sharing land borders with India must conduct due diligence and report investments holding 10% or more equity/equity-linked securities.


Reporting Requirements:

- AIFs must report details of non-compliant existing investments to custodians by April 7, 2025.
- Custodians must compile and report information to SEBI by May 7, 2025.


Implementation Standards:
The Standard Setting Forum for AIFs (SFA) will formulate implementation standards, available on industry association websites, to facilitate compliance.


Effective Date:
This circular takes effect immediately, with compliance required by the specified deadlines.

Comments

Post a Comment

Popular posts from this blog

Alternative Investment Funds

-
Image
ALTERNATIVE INVESTMENT FUNDS Vinay Mehta Vinay Mehta is a qualified and experienced Company Secretary, Lawyer, and Commerce Graduate by and has a rich experience of almost a decade in Compliances, Governance, FEMA Matters, Regulatory reporting, Corporate Secretarial matter and deep insight and niche in AIF related matters. WHAT IS ALTERNATIVE INVESTMENT FUND ? Alternative investment fund , means any fund established or incorporated in India in the form of a Trust or a Company or a Limited Liability Partnership or a body corporate which is privately pooled investment vehicle which collects funds from investors, whether Indian or foreign, for investing it in accordance with a defined investment policy for the benefit of its investors; and is not covered under the Securities and Exchange Board of India (Mutual Funds) Regulations 1996, Securities and Exchange Board of India (Collective Investment Schemes) Regulations 1999, or any other regulations of the board to regulate fund management a...
Read more

NISM Certification Requirements Before Launching an Alternative Investment Fund (AIF)

-
  Understanding Mandatory Examinations for AIF Managers & Compliance Officers The Securities and Exchange Board of India (SEBI), through various circulars and the National Institute of Securities Markets (NISM), has prescribed mandatory certification requirements for key personnel involved in the management and compliance of Alternative Investment Funds (AIFs). These certifications ensure that fund managers and compliance professionals possess adequate regulatory, operational, and risk management knowledge before managing investor capital. This article explains which NISM examination is required for which role and for which category of AIF , and why these certifications are mandatory before commencing AIF operations. 1. Certification Requirements for AIF Fund Managers / Key Investment Team A. Category I & Category II AIFs Applicable Examination: ✅ NISM-Series-XIX-D: Category I and II Alternative Investment Fund Managers Certification Examination Applicab...
Read more

Revised SEBI Framework for Angel Funds: What Startups and Investors Need to Know

-
On September 10, 2025 , the Securities and Exchange Board of India (SEBI) introduced a revised regulatory framework for Angel Funds under AIF Regulations . This move is designed to provide operational clarity, improve governance, and strengthen investor protection. Here’s a breakdown of the key changes and what they mean for both investors and startups. 🔑 Key Highlights of the New Framework 1. Only Accredited Investors Allowed Going forward, angel funds can raise money only from accredited investors . Existing angel funds have until September 8, 2026 to transition. During this period, they may still accept up to 200 non‑accredited investors . 2. Minimum Investor Requirement at First Close An angel fund must secure at least five accredited investors at the time of its first close . The first close must happen within 12 months of SEBI recording the Private Placement Memorandum (PPM). 3. Angel Funds Get Their Own Category Angel Funds are now recognised as a separate Category I AIF , i...
Read more