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SEBI has done away with preferential treatment to investors in AIFs. The market regulator has asked AIFs to give rights to AIF investors on the basis of pro-rata to their commitment in the scheme.
SEBI said, “With an objective to clarify the regulatory intent of AIFs being pooled investment vehicles and to ensure fair and equal treatment of investors of an AIF, the board approved that the rights of the investors in investments of and distributions of the returns from a scheme of an AIF shall be pro-rata to their commitment in the scheme and that in all other respects (subject to specified exemptions), the rights of the investors of a scheme of an AIF shall be pari-passu.”
However, if an AIF continues to give preferential treatment to clients, it will not be allowed to raise fresh commitments or make investment in a new company directly or indirectly, clarified SEBI.
Also, AIFs can give preferential treatment to government bodies and financial institutions through junior unit holding. The market regular said, “To provide operational flexibility to AIFs, the board approved allowing entities such as those owned or controlled by governments, multilateral or bilateral development financial institutions, state industrial development corporations and other entities as may be specified from time to time, to subscribe to junior classes of units of AIFs with less than their pro-rata rights in the investments of the scheme.”
These rules will not be applicable for large value funds.