AIF Registration Process Explained: From Application to Approval AIF Registration: Pathway

After navigating what Alternative Investment Funds are and the different categories that come under the AIFs, it becomes essential for the fund manager to know the process that helps to convert the odds in favour, moreover, from initial application to SEBI-approved Investment fund under the regulations, 2012. 

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A detailed Explanation of the stages involved in Registration:

Before you begin the registration process, it's important to identify the category Alternative Investment Fund (AIF) you intend to apply for. Under, regulatory frameworks AIFs are classified into:

Category I AIF: These funds are those that invest in areas such as start-ups, small and medium-sized enterprises (SMEs), social ventures, and infrastructure. This category is considered one of the safest among AIFs. In this category, a fund manager has to invest their 5 Crore or 25% whichever is lower, to have skin in the game.

Category II AIF: These funds typically invest in areas of private equity, debt funds, in addition to Category I funds, but they are not involved in speculative trading or leverage. In this Category, the fund manager has to invest 5Crore or 25% whichever is lower 

Category III AIF: These funds focus on trading and speculative strategies, such as hedging and leveraging and on similar strategies. Also, it is open to invest in category I and category II investment areas and due to the more risky category, the fund manager is limited to invest there 10% or 5 Crore, whichever is lower.  

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During the preparation of an application for AIF a Private Placement Memorandum (PPM) is a legally required disclosure document that provides potential investors with detailed information about the fund, its strategy, structure, risks, management, and regulatory compliance.

 These include:

Fund Details: An Overview specifying the name of fund, structure of the fund, investment areas and its objectives, and key highlights like Sponsor’s contribution, management experience. 

Investment Strategy: A clear outline of how the fund intends to achieve its investment goals and their business plan.

Risk Management Memo: A description of the risk management processes in place.

Track Record of Management Team: Information on the experience and qualifications of the fund's managers or sponsors.

Fundraising Details: How much capital the fund intends to raise and how it will be done.

Fees & Expenses: Management fees, Cost and carry structure.

Taxation and accounting: How the tax treatment and valuation policies will be done.

Operational Plan: A roadmap of the fund’s operations, including administration, compliance, and reporting mechanisms. 

File the AIF Application

The application must be submitted to the regulatory authority, which is usually the securities market regulator SEBI. 

The application form generally requires the following information:

Basic details about the fund such as its name, category type, its capital to be raised.

Information about the fund's sponsor(s) and manager(s) 

A clear outline of the proposed investment strategy, including preferred sectors, geographic focus, and expected returns.

Supporting legal and financial documents that established the fund’s structure and constitution.

Application Review

Once the application is submitted, the regulatory authority will review it according to AIF regulations, 2012. This review process can take time and involves

Verification of legal and financial documents submitted.

Ensure the proposed fund complies with investment guidelines and strategies by conducting background checks on the persons involved in the management level.

Assessing the fund’s risk management and operational structures.

And, the authority may ask for additional information or clarification if needed.

Due Diligence by Regulatory Authority

The regulator carries a thorough due diligence process to confirm that both the fund and its management team adhere to the required standards. This includes:

Evaluating whether the fund’s investment strategy matches its stated risk–return profile.

Reviewing the track record, reputation of the management team.

Checking that all necessary disclosures are made in a clear and transparent manner.

Verifying compliance with regulations related to investor protection and capital raising.

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Once the regulator has passed the application and the due diligence process, the fund is granted approval to register as an AIF. This approval allows the fund to legally commence operations, raise capital, and onboard investors. Following the review, the regulatory authority issues a Certificate of Registration.   

Post-Approval Compliance

After obtaining registration, an AIF is required to comply with a set of rules made by SEBI. Before moving into full compliance, the fund manager is permitted to complete Round 1 funding within 12 months from the date of registration. During this period, the manager must also disclose the amount of capital that can reasonably be raised within those 12 months. 

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After registration, the AIF is subject to regular reporting in every quarter to the regulatory body and to investors also.

Reporting to Investors: Quarterly reporting to investors reporting about the fund’s performance, risk, and other key details.

Regulatory Reporting: Filing compliance reports, audit reports, and other necessary  documentation with the regulatory authority. 

Adherence to Investment Limits: Category I, II, and III AIFs have different limits on reporting of results how and where they can invest.

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