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Alternative Investment Fund (AIF) Registration in India: A Complete Guide


Alternative Investment Fund (AIF) Registration in India: A Complete Guide

January 11, 2023


Alternative Investment Fund (AIF) Registration

Alternative Investment Funds (AIFs) are privately pooled investment vehicles that collect capital from high-net-worth individuals (HNIs), institutional investors, or corporates to invest in non-traditional assets such as private equity, start-ups, venture capital, hedge funds, real estate, and commodities.


Types of AIFs in India

Category

Description

Minimum Corpus Required

Sponsor Contribution

Category I

Investments in start-ups, SMEs, social ventures, or infrastructure projects.

Rs. 10 crore

2.5% of corpus or Rs. 50 lakhs, whichever is lesser.

Category II

Funds like private equity and debt funds that do not fall under Category I or III.

Rs. 10 crore

2.5% of corpus or Rs. 5 crore, whichever is lesser.

Category III

Funds using complex trading strategies, including hedge funds and private investment in public equity.

Rs. 20 crore

5% of corpus or Rs. 10 crore, whichever is lesser.


Eligibility Criteria for AIF Registration

Criteria

Requirements

Legal Incorporation

Trusts under the Registration Act, 1908; LLPs under the LLP Act, 2008; Companies under the Companies Act, 2013.

Fit and Proper

Sponsors/managers must comply with SEBI (Intermediaries) Regulations, 2008.

Qualified Management

Minimum 5-10 years’ relevant experience and professional qualifications like CFA/CA; NISM AIF Manager Certification.

Infrastructure

Adequate office space (500 sq. ft.), data storage, and necessary manpower.

Clear Investment Plan

Detailed description of investment objectives, strategy, and tenure.


Steps for AIF Registration


1. Application Submission

  • Submit Form A of SEBI (AIF) Regulations, 2012.

  • Attach required documents:

    • Contact information.

    • Founding documents (MOA, Articles of Association, etc.).

    • Business strategies and private placement memorandum (PPM).

    • Application fees of Rs. 1,00,000.


2. SEBI Processing

  • SEBI reviews the application within 21 working days.

  • Additional clarifications or personal meetings may be requested.

  • Infrastructure verification may be conducted.

  • Principal Registration is granted within 120 working days, subject to compliance.


3. Final Fee Payment

Category

Fee

Category I

Rs. 5,00,000

Category II

Rs. 10,00,000

Category III

Rs. 15,00,000

Additional Schemes

Rs. 1,00,000

4. Certificate Validity

  • The registration certificate remains valid throughout the life of the AIF.



Key Requirements and Investment Conditions

Condition

Details

Foreign Investments

Allowed under RBI and FEMA guidelines.

Co-Investments

Must match terms offered to AIF.

Investment Limits

Category I & II: Up to 25% in one investee; Category III: Up to 10% in one investee.

Uninvested Funds

Can be placed in liquid mutual funds or high-quality liquid assets.

Leverage (Category III)

Allowed with investor consent and SEBI limits.

Investment in Associates

Requires 75% investor approval by value.


Minimum Investment Limits

Investor Type

Minimum Investment

Category II & III Investors

Rs. 1 crore

Angel Fund Investors

Rs. 25 lakhs

AIF Employees/Directors

Rs. 25 lakhs


Tenure of AIFs

Category

Tenure

Category I & II

Close-ended; minimum 3 years, extendable by up to 2 years with investor approval.

Category III

Open-ended or close-ended.

Alternative Investment Fund (AIF) Registration in India: A Complete Guide

Disclaimer: This guide is for informational purposes only and does not constitute legal, financial, or professional advice. Readers are advised to refer to official SEBI regulations for specific guidance tailored to their circumstances. The information provided herein is based on the regulations and practices as of the date of publication and may be subject to change.

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