Framework for administration and supervision of Investment Advisers under the SEBI (Investment Advisers) Regulations, 2013
The document, verbatim
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CIRCULAR
SEBI/HO/IMD/IMD-I/DOF1/P/CIR/2021/579 June 18, 2021
To
All Investment Advisers
Investment Adviser Administration and Supervisory Body
Dear Sir / Madam,
Subject: Framework for administration and supervision of Investment
Advisers under the SEBI (Investment Advisers) Regulations, 2013
1. As per Regulation 14 of the SEBI (Investment Advisers) Regulations 2013 (“IA
Regulations”), SEBI may inter-alia recognize any body or body corporate for the
purpose of regulating Investment Advisers (“IA”) and delegate administration and
supervision of the IAs on such terms and conditions as may be specified.
Accordingly, an entity granted recognition under the aforesaid Regulation shall be
designated as “Investment Adviser Administration and Supervisory Body” (“IAASB”)
and shall be entrusted with the administration and supervision of IAs.
2. In this regard, BSE Administration & Supervision Limited (BASL), a wholly owned
subsidiary of BSE Limited, has been granted recognition as IAASB for a period of
three years from June 01, 2021. The details may be perused in the Press Release
issued
by
SEBI
on
June
14,
2021
and
available
at
https://www.sebi.gov.in/media/press-releases/jun-2021/bse-administration-and-
supervision-limited-granted-recognition-for-administration-and-supervision-of-
investment-advisers_50540.html, which also provides a link for the Standard
Operating Procedure (SOP) and the Frequently Asked Questions (FAQs) issued by
BASL.
3. IAASB shall inter-alia have following responsibilities:
i. Supervision of IAs including both on-site and offsite
ii. Grievance redressal of clients and IAs
iii. Administrative action including issuing warning and referring to SEBI for
enforcement action
iv. Monitoring activities of IAs by obtaining periodical reports
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v. Submission of periodical reports to SEBI
vi. Maintenance of database of IAs
4. The Board of the IAASB shall, at all times, be chaired by a Public Interest Director
and shall also have, at all times, a Director who will bring investor perspective.
5. SEBI shall continue to concurrently administer and supervise all registered IAs and
IAASB shall be subject to periodic inspection by SEBI.
6. Pursuant to grant of aforementioned recognition, SEBI registered IAs are required to
ensure compliance with the following:
i. Membership of IAASB
In order to ensure compliance with Regulation 6(n) of the IA Regulations and to
keep their registration in force, existing IAs shall seek membership of IAASB in
such manner as may be specified by the IAASB, within three months of the
recognition of IAASB by SEBI.
ii. Payment of fees
a. The fees payable to SEBI has been modified by way of amendment to IA
Regulations, with effect from April 01, 2021, details of the same are available
at
https://www.sebi.gov.in/legal/regulations/jan-2021/securities-and-
exchange-board-of-india-investment-advisers-amendment-regulations-
2021_49541.html
and
https://www.sebi.gov.in/legal/regulations/jan-
2021/corrigendum-to-the-securities-and-exchange-board-of-india-investment-
advisers-amendment-regulations-2021_48848.html.
b. Accordingly, unless specified otherwise by SEBI, existing IAs shall be required
to pay membership fees to IAASB in a manner prescribed by IAASB, at the
time of payment of fees to SEBI as per Second Schedule to the IA
Regulations, to keep their registration in force. Any subsequent payment of
membership fees shall be in the manner specified by IAASB.
For details with respect to membership process, membership fee structure as
well as contact details of IAASB, FAQs under the link provided in the Press
release issued by SEBI upon recognition of IAASB, may be referred.
iii. Reporting
All SEBI registered IAs shall submit periodic reports to IAASB in such manner as
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may be specified by IAASB.
7. This circular is issued in exercise of powers conferred under Section 11(1) of the
Securities and Exchange Board of India Act, 1992 read with Regulation 14(2) of the
IA Regulations to protect the interests of investors in securities market and to promote
the development of, and to regulate the securities market.
8. The circular is available on SEBI website at www.sebi.gov.in under the categories
“Info for – Investment Advisers” and "Legal framework - Circulars".
Yours faithfully,
Manaswini Mahapatra
General Manager
+91-22-26449375
manaswinim@sebi.gov.in