RBI specifies Category-I AIFs set up as trust as qualified buyers



Quick Summary
The Reserve Bank of India has officially designated Category I Alternative Investment Funds (AIFs) established as trusts and registered with the SEBI as 'qualified buyers'. This designation is subject to specific conditions aimed at managing potential conflicts of interest and ensuring responsible investment practices.

The Reserve Bank of India has specified Category I Alternative Investment Funds (AIFs) set up as trust and registered with Securities and Exchange Board of India under Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012, as ‘qualified buyers’ subject to certain conditions. Read the official notification and the conditions below:

RESERVE BANK OF INDIA
NOTIFICATION
Mumbai, the 10th March, 2021
NOTIFICATION UNDER CLAUSE (U) OF SUB-SECTION (1) OF SECTION 2 OF THE
SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT
OF SECURITY INTEREST ACT, 2002

Notification DoR. FIN. No. 08/26.03.001/2020-2021.—dated March 10, 2021- In exercise of the powers conferred by sub- section (1) of section 7 read with clause (u) of sub-section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), the Reserve Bank of India hereby specifies Category I Alternative Investment Funds (AIFs) set up as trust and registered with Securities and Exchange Board of India under Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012, as ‘qualified buyers’, subject to the following conditions:

RBI Names Category-I AIFs as Qualified Buyers

a. The AIF which has invested in an asset reconstruction company (ARC) shall not invest in the security receipts issued by that ARC;

b. The AIF shall not invest in the security receipts issued on the underlying loans of any of its associate or group company;

c. The AIF shall not invest in the security receipts backed by non-performing assets of banks which hold equity of more than 10% in that AIF.

SAURAV SINHA, Executive Director
[ADVT.-III/4/Exty./570/2020-21]

FAQ :

The RBI has specified Category I Alternative Investment Funds (AIFs) set up as trusts and registered with the SEBI as 'qualified buyers'.

Conditions include that an AIF investing in an asset reconstruction company (ARC) cannot invest in security receipts from that ARC, and AIFs cannot invest in security receipts from associate or group companies or those backed by non-performing assets of banks holding significant equity in the AIF.

Category I Alternative Investment Funds (AIFs) set up as trusts and registered under the Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012 are included.

Being a 'qualified buyer' likely refers to their eligibility to participate in specific financial transactions or investments as defined by the RBI's regulations.

The notification is from the Reserve Bank of India, dated March 10, 2021, and issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.




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