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SEBI tightens disclosure norms for alternative investment funds

30 Jul 2013 Evaluate

In order to put some check on speculative trading by Alternative Investment Funds (AIFs), capital market regulator Securities and Exchange Board of India (SEBI) has tighten norms for hedge funds and similar AIFs using complex trading strategies, especially for those leveraging investments for higher returns or borrowings. The new directions have been made by SEBI through its 'Operational, Prudential and Reporting Norms for AIFs', which were introduced by the regulator in May 2012.

As per the regulations, the AIFs have been divided into three categories. Though SEBI has made some nominal changes on disclosure for the AIFs falling in category I (funds investing in start ups, social ventures, infrastructure and SME's etc) and Category II (PE funds debt funds that don't undertake leverage), the disclosure norms are especially tightened for those falling in Category III which include hedge funds employing diverse or complex trading strategies and may employ leverage.  

The regulator through a circular asked such funds to have a comprehensive risk management framework and a strong compliance function as per their size, complexity and risk profile. Further, they are also asked to maintain records of their trades and provide full disclosure of any conflict of interest to SEBI. It also told Category III AIFs to follow its system for calculation of leverage, exposure and NAV and place different systems to monitor their exposures periodically.

Regarding redemption norms, the market regulator said that open ended funds in the category III need to maintain sufficient liquidity to meet redemption obligations and other liabilities. The AIFs also need to clearly disclose the possibility of suspension of redemptions in exceptional, circumstances to investors in the placement memorandum.

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