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THE GAZETTE OF INDIA

regulations · 1992 · State unknown

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Parent: THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (7c4c1f5343adab106c3a94cafc08a5ecf5957ae7)

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THE GAZETTE OF INDIA EXTRAORDINARY PART III SECTION 4 PUBLISHED BY AUTHORITY NEW DELHI, JANUARY 21, 2013 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION st Mumbai, the 21S January, 2013 SECURITIES AND EXCHANGE BOARD OF INDIA (INVESTMENT ADVISERS) REGULATIONS; 2013 No. LAD-NRO/GN/2012-13/31/1778.-In exercise of the powers conferred by sub-section (1) of Section 30 read with clause (b) of sub-section (2) of Section 11 of the Securities and Exchange Board of India Act; 1992 (15 of 1992), the Securities and Exchange Board of India hereby, makes the following regulations, namely, CHAPTERI PRELIMINARY Short title and commencement: 13 These regulations may be called the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013. 2) These regulations shall come into force on the ninetieth day from the date of their publication in the Official Gazette. Definitions. 2 Inthese regulations, unless the context otherwise requires, the terms defined herein shall bear the meanings assigned to them below, and their cognate expressions shall be construed accordingly; ~Act" means the Securities and Exchange Board of India Act; 1992 (15 of 1992); "Board" means the Securities and Exchange Board of India established under section 3 of the Act; "body corporate' shall have the meaning assigned to it in or under sub-section (Z)of section 2 of the Companies Act; 1956 (1 of 1956); "certificate" means a certificate of registration granted under these regulations; "change in control" in relation to a company O body corporate, means: if its shares are listed on any recognized stock exchange, change in control within the meaning of clause (e) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Re

Rule TOC

13 · The certificate granted under regulation 9 shall, inter alia, be subject to the following conditions:
3 · An investment adviser shall maintain an arms-length relationship between its activities aS an investment adviser and other activities.
18 · An investment adviser shall disclose to prospective client, all material information about itself including its business, disciplinary history; the terms and conditions on which it offers advisory services, affiliations with other intermediaries and such other information as is necessary to take an informed decision on whether or not to avail its services.
29 · In order to remove any difficulties in the application or interpretation of these regulations, the Board may issue clarifications and guidelines in the form of circulars. Power of the Board over body or body corporate recognized under regulation 14. 30. The Board reserves the right to alter, modify and overrule any decision, action taken Or penalties imposed by the body or body corporate recognized under regulation 14.
1 · This form is meant for use by the applicant for grant of certificate of registration as an investment adviser. 2. The applicant should complete this form, and submit it; along with all supporting documents to the Board at its head office at Mumbai:
3 · This application form should be filled in accordance with these regulations 4. The application shall be considered by the Board provided it is complete in all respects 5. All answers must be legible and all the pages must be numbered with signaturel stamp on each page of the form. 6. Information which needs to be supplied in more detail may be given 0n separate sheets which should be attached to the application form and appropriately numbered. 7_ The application must be signed. 8. The application must be accompanied by an application fee as specified in the Second Schedule to these regulations
1 · GENERAL INFORMATION
2 · DETAILS OF APPLICANT (Provide details of only the section applicable to you) : In case applicant is an individual:
1 · Whether the applicant has: a A professional qualification or post-graduate degree or post graduate diploma in finance, accountancy, business management, commerce, economics, capital market; banking, insurance or actuarial science from a university O an institution recognized by the Central Government or any State Government or recognised foreign university Or institution Or association; O b_ A graduate in any discipline with an experience of at least five years in activities relating to advice in financial products O securities O fund or asset or portfolio management Provide self certified copies of supporting documents). 2 Copy of certification obtained in accordance with regulation 7(2). (If the applicant is an existing investment adviser applying for fresh registration, then provide a declaration stating that it shall obtain such certification within two years from the date of commencement of
1 · Names and Beneficial ownership pattern of the partners engaged/proposed to engage in investment advice (Enclose identity proof and address proof c of the partners). 2_ Whether the aforesaid partners have: a A professional qualification or post-graduate degree or post graduate diploma in finance, accountancy, business management, commerce, economics, capital market; banking, insurance or actuarial science from a university O an institution recognized by the Central Government or any State Government or recognised foreign university Or institution Or association; O b_ A graduate in any discipline with an experience of at least five years in activities relating to advice in financial products O securities Or fund or asset or portfolio management Provide self certified copies of supporting documents). 3_ Copy of certification obtained by the aforesaid partners in accordance with regulation 7(2). (If the applicant is an existing investment adviser applying for fresh registration, then provide a declaration stating that all the partners engaged in investment advice shall obtain such certification within two years from the date of commencement of theseregulations and after all such partners obtain the certification, a declaration to that effect shall be submitted to SEBI ) 4_ Declaration that the aforesaid partners shall obtain fresh certification before expiry of the validity of the existing certification to ensure continuity in compliance with certification requirements. 5_ Copy of assets and liabilities statement and certification of net tangible assets of the partnership firm certified by a chartered accountant (not more than six months old at the time of filing of application) Please note that membership number of the chartered accountant must be included in the certificate.
1 · Shareholding pattern and profile of the directors Enclose identity proof and address proof = of the directors). 2_ Whether the applicant is set up or established under the laws of the Central or State Legislature and whether the applicant is permitted to carry on of the activity of an investment adviser (Enclose relevant extract of the relevant Statute/Act).
3 · BUSINESS PLAN 1. Proposed business plan & means of achieving the same. 2_ The type of products/ securities o which investment advice is proposed to be rendered: 3_ Process for risk profiling of the client and for assessing suitability of advice.
6 · OTHER INFORMATIONIDECLARA TIONS/ REGULATORY ACTIONS Details of all settled and pending disputes in the last 5 years. b) Whether any previous application for grant of certificate made by any person directly or indirectly connected with the applicant has been rejected by the Board; If yes, provide details of the same_ Whether any disciplinary action has been taken by the Board or any other regulatory authority against any person directly or indirectly connected with the applicant under the Act or the regulations made there under in the last 5 years. If yes, provide details
7 · DECLARATION STATEMENT
1 · Every applicant shall pay non-refundable application fees along with the application for grant S[***] of certificate of registration as under:
3 · . body corporate shall pay a sum of one lakh rupees as registration/ renewal fee at the time of grant 0 renewal of certificate by the Board
4 · 11 [The fee referred to in paragraph 2 shall be paid by the applicant within fifteen days from the date of receipt of intimation from the Board by way of demand draft in favour of Securities and Exchange Board of India' payable at Mumbai or at respective regional or local office. or by way of direct credit in the bank account through NEFT/RTGSMIMPS or any other mode allowed by RBI:]
1 · Honesty and fairness
10 · Inserted by the by the Securities andExchange Board oflndia (Change In Conditions Of Registration Of Certain Intermediaries (Amendment) Regulations,2016 W.e.f. 08-12-2016. Vby the Securities andExchange Board oflndia (Change In Conditions Of Registration Of Certain Intermediaries) (Amendment) Regulations,2016 w.e.f: 08-12-2016.
7 · Conflicts of interest
8 · Compliance An investment adviser including its representative(s) shall comply with all regulatory requirements applicable to the conduct of its business activities s0 as to promote the best interests of clients and the integrity of the market: