SEBI proposes new norms for Alternative Investment Funds

02 Aug 2011 Evaluate

The Indian capital market watchdog Security Exchange Board of India (SEBI) has proposed new norms for Alternative Investment Funds (AIFs) and other private equity funds, pooling in capital from High Networth Individuals (HNIs) and corporate, however, SEBI has suggested keeping retail investors out of their domain.

SEBI has recommended setting up a structure where regulatory framework for all shades of private pool of capital or investment vehicle are channelized in the desired space in regulated manner without posing systemic risk. In the concept paper SEBI said, the proposed Sebi AIF (Alternative Investment Fund) Regulations would register and regulate the formation of investment funds which raises capital from a number of high net worth investors with a view to investing in accordance with a defined investment policy for the benefit of those investors.”

According to AIF proposals, following categories will come under the AIF regulations i.e. the venture capital fund, PIPE funds, private equity fund, debt funds, infrastructure equity fund, real estate fund, SME fund, social venture funds and strategy fund (residual category, including all varieties of funds such as hedge funds, if any).

The Capital market regulator had made compulsory to register all types of private pools of capital or investment funds with SEBI. The fund may be formed as companies, trust or body corporate including LLP structure. As per the SEBI’s proposal, the fund manager/asset Management Company or trustees of the fund be specified, and change of such entities be reported to the regulator.

“Funds should be close ended. The fund size can be revised upward up giving Sebi suitable reasons. Minimum investment amount would be specified as 0.1 per cent of fund size subject to a minimum floor of Rs 1 crore. The minimum investment criterion would prevent retail investors straying into funds and the granularity would ensure a maximum number of investors as 1,000 precluding the possibility that some funds might disguise themselves as private pools while approaching a large number of retail investors,” SEBI said.

In the case of an AIF constituted as company or LLP, the number of shareholders or partners should not exceed 50. The size of units issued will not be less than Rs 10 lakh. Funds may be raised only through private placement through information memorandum, SEBI added.

 

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