SUBSCRIBE NEWSLETTER
  • Change Language
  • English
  • Hindi
  • Marathi
  • Gujarati
  • Punjabi
  • Tamil
  • Telugu
  • Bengali
  • CafeAlt SEBI proposes consultation paper to curb misuse of AIF regulations

    SEBI proposes consultation paper to curb misuse of AIF regulations

    SEBI has found 40 instances where AIFs circumvented RBI and FEMA norms.
    Riddhima Bhatnagar Jan 23, 2024

    Listen to this article

    In order to curb misuse of AIF regulations, SEBI has issued a consultation paper in which it has proposed to enhance due diligence of AIFs, key management personnel of AIFs and their managers while ensuring ease of doing business.

    This has come after SEBI found that a few AIFs circumvented RBI and FEMA norms to facilitate transactions. SEBI said, “While the AIF industry has registered robust growth over the years, we have come across more than 40 cases involving over Rs 30,000 crores recently, where AIFs appear to have been structured to facilitate circumvention of certain financial sector regulations, thereby eroding trust in the system. To ensure sustained capital formation, it is important to take steps to restore the trust and prevent such circumvention, while at the same time ensuring minimal impact on legitimate AIF investments.”

    According to SEBI some of the areas where AIFs misused SEBI guidelines were ever-greening of stressed loans and avoiding Foreign Exchange Management Act (FEMA) and Qualified Institutional Buyer (QIB) norms.

    SEBI said, “To  address  the  specific  regulatory  concerns  around  misuse  of  AIF structure as articulated above, it is proposed to introduce a general obligation in the existing AIF regulations that would require AIFs, managers and their key management personnel (‘KMPs’) to   ensure   that   their   operations   and   investments   do   not   facilitate circumvention of regulations administered by any financial sector regulator. To achieve the objective of this general obligation through effective implementation, this general obligation conveying the regulatory intent needs to be translated into a clear set of implementation standards to set definitive and specific responsibilities and obligations on all stakeholders.”

    The market regulator sought your feedback on these proposals by Feb 11, 2024. You can submit your feedback by clicking here.

     

     

    Have a query or a doubt?
    Need a clarification or more information on an issue?
    Cafemutual welcomes all mutual fund and insurance related questions. So write in to us at newsdesk@cafemutual.com

    Click to clap
    Disclaimer: Cafemutual is an industry platform of mutual fund professionals. Our visitors are requested to maintain the decorum of the platform when expressing their thoughts and commenting on articles. Viewers are advised to refrain from making defamatory allegations against individuals. Those making abusive language or defamatory allegations will be blocked from accessing the web site.
    0 Comment
    Be the first to comment.
    Login or Sign up to post comments.
    More than 2,07,000 of your industry peers are staying on top of their game by receiving daily tips, ideas and articles on growth strategies. Join them and stay updated by subscribing to Cafemutual newsletters.

    Fill in the below details or write to newsdesk@cafemutual.com and subscribe to Cafemutual Newsletter now.