Skip to main content

SEBI Spares AIFs Dollar 20m FDI Floor

MONEY MATTERS Markets regulator clears the air on sponsors and managers of alternative investment funds, saying they come under Sebi regulations and are exempt from FDI rule
Local business houses and financial services groups will find it easier to rope in foreign partners to carry out fund management activities in India with the capital market regulator, Sebi, clearing the fog caused by a new rule.
The Securities and Exchange Board of India has spelt out that sponsors and managers of alternative investment funds, or AIFs, are covered by its regulations — a stand that will spare the sponsors and managers of these funds from a recent government rule that foreign direct investment (FDI) in unregulated financial services cannot be less than Dollar 20 million.
AIFs are money pooling vehicles for venture capital funds, private equity houses, real estate and hedge funds, besides others. Sebi’s AIF regulations issued in 2012 provide a framework for registering funds but not sponsors/managers — which may be entities that are not currently regulated by any of the financial services regulators. However, it made little difference.
This changed with a mid-April notification, which made things difficult for companies, institutions and fund managers planning to tie-up with global partners for AIFs. According to the finance ministry release, minimum FDI for an ā€˜unregulated fund-based’ service — asset or portfolio management — was Dollar 20 million while the floor FDI for an ā€˜unregulated non-fund based service’ (such as investment advisor, forex broking etc) was Dollar 2 million.
The rule virtually shut the doors for FDI to most AIFs as very few foreign investor, no matter how large, would bring in as much as $20 million in the manager/sponsor entity. Sebi’s response to the venture capital industry last month that sponsor/manager of AIFs ā€œmay considered to be regulated by Sebi to the extent of its activities as sponsor/manager of a Sebi registered AIF,ā€ has cleared the uncertainty, two persons familiar with the development told ET.
ā€œThe Sebi clarification has provided considerable clarity to the overseas investors that they will not be required to pump in a minimum capital of $20 million. The ambiguity created by the finance ministry release which treated any unregistered/non-licensed financial services player akin to being unregulated and in turn subjected to an impractical minimum capitalisation, discouraged several Indian fund managers seeking foreign joint venture partners,ā€ said Tejesh Chitlangi, senior partner, IC Universal Legal.
Local fund managers are often keen to bring in a foreign financial services group as foreign partner. First, it could encourage overseas investors to put money into Indian AIFs. Second, the presence of a global investment manager could also attract local high net worth investors and institutions to invest in an AIF. ā€œIndian asset managers are today globally competitive and the clarification by the regulator will raise the interest of global partners in the AIF space in India. It’s a welcome move by Sebi,ā€ said Jyoti Rai, head of channel partners, Edelweiss, Prime Broking & Custody.
The activities of an AIF funds are primarily undertaken by a ā€˜manager’ who may also be a sponsor. According to Moin Ladha, parter at Khaitan & Co, at the time of considering an AIF registration application, SEBI does consider the qualification, infrastructure and fit and proper status of the sponsor and manager in addition to the main applicant entity. ā€œWhile this clarification states the actual position Sebi has been maintaining, it does clear any doubts regarding regulated status of the sponsors and managers from an FDI perspective. This clarification in my view is also an indication of Sebi’s intention to improve monitoring of AIF’s and its activities including the source of funds employed by it,ā€ said Ladha.Since 2012, pooling of investments from local or overseas investors has to be through AIFs registered with Sebi.

The Economic Times, New Delhi, 09th July 2018

Comments

Popular posts from this blog

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...