In its board meeting held today, SEBI has decided to come out with a consultation paper proposing certain changes and clarifications in the IA Regulations.
The consultation paper proposing certain changes and clarifications in the IA Regulations inter-alia, on the following points:
- Re-look on the exemption from registration as an investment adviser provided to Mutual Fund Distributors, SEBI registered intermediaries, etc. for providing investment advice as an incidental activity to their primary activity.
- Granting of time period of three years to mutual fund distributors who seeks to migrate as an investment adviser so as to enable them to obtain necessary certification and to comply with other requirements specified in IA Regulations.
- Segregation of investment advisory services through a separate subsidiary within a period of three years.
- Clarification in respect of investment product and investment advice given in electronic/broadcasting media.
- Applicability of advertisement code to be followed by any person including the investment advisers while issuing advertisement.
- Restriction on providing trading tips via bulk SMS, email, etc. and restriction on soliciting investors by offering schemes/competitions/games/leagues/etc. related to securities market and covering these activities under the advertisement code as well as under SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003.
- Clarity between the activities of investment adviser and research analyst.
- Clarity on mode of acceptance of fee.
- Requirement of providing ‘Rights and Obligations’ document to the clients.
- Requirements for providing Online Investment Advisory Services and Use of Automated Tools.