Aif Cat 1 2 3 Registration

Alternative Investment Funds (AIF) are specialized investment vehicles in India that allow investors to diversify their portfolios beyond traditional assets like stocks, bonds, and cash. Regulated by the Securities and Exchange Board of India (SEBI) under the SEBI (Alternative Investment Funds) Regulations, 2012, AIFs pool capital from various investors to invest in asset classes such as private equity, venture capital, and real estate.

What is an Alternative Investment Fund (AIF)?

An AIF is defined as a privately pooled investment vehicle that collects funds from both domestic and foreign investors, deploying them according to a specific investment policy aimed at benefitting its investors. AIFs exclude certain funds regulated under other SEBI regulations, making them distinct from traditional investment options

Types of AIFs

AIFs are categorized into three main types based on their investment strategies:

  1. Category I AIF:
    • Invests in socially or economically desirable sectors such as startups, infrastructure, and small and medium enterprises (SMEs).
    • Generally enjoys incentives or concessions from the government.
  2. Category II AIF:
    • Comprises funds that do not fall under Category I or III and do not employ borrowing except for operational needs.
    • Includes private equity and real estate funds without specific government incentives.
  3. Category III AIF:
    • Employs complex trading strategies and may leverage investments in derivatives.
    • Typically consists of hedge funds and funds aiming for short-term returns.

Eligibility Criteria for AIF Cat I, II & III Registration

To register as an AIF, the following criteria must be met:

  • Fit and Proper Criteria: The applicant, manager, and sponsor must satisfy the SEBI’s fit and proper requirements.
  • Experience: Key personnel in the management team must have substantial experience in fund management.
  • Investment Strategy: The application must clearly outline the investment objectives, targeted investors, and proposed corpus.
  • Legal Structure: The applicant must be structured as a trust, LLP, or corporate body, with appropriate documents allowing AIF activities.

Required Documents for AIF Cat I, II & III Registration

Applicants must provide:

  • Certificate of Incorporation
  • Partnership Deed or Trust Deed
  • Details of directors and shareholders
  • Placement Memorandum
  • Address and particulars of the registered office
  • Memorandum and Articles of Association

Process for AIF Cat I, II & III Registration

The registration application for an AIF can be submitted to SEBI in Form A along with necessary documents and a non-refundable application fee. The SEBI generally responds within 21 working days, depending on the applicant’s adherence to the requirements

Post-Registration Compliance

After receiving the AIF registration certificate, the fund must comply with SEBI’s ongoing reporting requirements and notify any material changes to its information.

Have Queries? Talk to us!

  

Frequently Asked Questions

The Securities and Exchange Board of India (SEBI) oversees AIFs as per the SEBI (Alternative Investment Funds) Regulations, 2012.

AIFs can be registered as a Limited Liability Partnership (LLP), company, trust, or body corporate. Most are established as trusts.

No, AIFs cannot publicly offer shares or securities; they can only raise funds through private placements.

Yes, AIFs can accept investments from NRIs and foreign investors in compliance with Foreign Direct Investment (FDI) policies.

AIFs generally entail higher risk and are aimed at sophisticated investors, while mutual funds are more stable and accessible to retail investors.

Category I and II AIFs must be closed-ended with a minimum tenure of three years, while Category III AIFs may be either.

A sponsor is an individual or entity that establishes the AIF, including promoters of companies and designated partners in LLPs.

Each scheme of an AIF (other than an angel fund) can have a maximum of 1,000 investors. Angel funds can have up to 49 investors.

AIFs must adhere to SEBI's reporting requirements, monitor updates from SEBI, and inform about any significant changes.