Analysis: SEBI (Investment Advisers) (Third Amendment) Regulations, 2021



Quick Summary
The Securities and Exchange Board of India (SEBI) has introduced the SEBI (Investment Advisers) (Third Amendment) Regulations, 2021. These amendments update the existing 2013 regulations and introduce definitions for 'accreditation agency' and 'accredited investor'. A key change allows investment advisers to charge fees from clients, including accredited investors, as specified by SEBI.

The SEBI has notified a new set of regulations to amend the existing SEBI (Investment Advisers) Regulations, 2013 which shall come into force as on the date of its publication in the Official Gazette.

SEBI Investment Advisers 2021: Key Amendments Explained

Sr. No.

Amendment

Effect

1

Substitution: Regulation 2(1)

clause (aa) shall be numbered as clause (ac).

-

2

Insertion: after Regulation 2(1)(a)

(aa) 'accreditation agency' shall have the same meaning as assigned to it in clause (aa) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012;

(ab) 'accredited investor' shall have the same meaning as assigned to it in clause (ab) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012.

The definition of accreditation agency and accredited investor is added by the Board.

3

Insertion: Regulation 15A

after the word 'client' and before the word 'in', the words and symbol, 'including an accredited investor' shall be inserted.

Amended Regulation:

15A. Investment Adviser shall be entitled to charge fees for providing investment advice from a client including an accredited investor in the manner as specified by the Board.

Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

 
 

The author can also be reached at cstanveersaluja@gmail.com.


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About the Author

PCS at Tanveer Saluja & Associates

Practicing Company Secretary at Tanveer Saluja Associates

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