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SEBI Holds AIF Investors In Breach Of Insider Trading Norms For Investment Decisions: Resolut Partners’ Take

JONATHAN DESVERNEY by JONATHAN DESVERNEY
May 14, 2022
in Business
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The Authorized Library part collates high quality and in-depth reviews on regulatory developments, court docket rulings and coverage modifications authored by India’s prime legislation companies and consultants. These reviews supply BQ Prime’s subscribers a chance to broaden their understanding of legislation and coverage.

In a transfer that might considerably affect the funding panorama into pooling automobiles, India’s securities regulator Securities and Change Board of India has held that traders in various funding funds might be responsible for breach of insider buying and selling norms if:

  1. Such traders possess unpublished value delicate info in relation to any entity; and

  2. AIF trades within the securities of such entity.

SEBI’s steerage is prone to hamstring the operations of an AIF/ pooled funding automobile in some ways – since AIFs are operated by an impartial funding supervisor and the traders train no management/ visibility on the trades executed by the AIF.

First, ought to every unitholder of an AIF now negotiate for full visibility on trades being executed by the AIF?

Second, is it commercially viable for AIFs to be precluded from investing/ divesting merely as a result of one in every of its traders possesses UPSI, in order that its traders can adjust to insider buying and selling legal guidelines?

Third, what’s the obligation of the AIF if an investor informs it of being in possession of UPSI?

Fourth, will SEBI’s steerage apply to every kind of pooled funding automobiles, together with listed REITs, InvITs?.

Click on on the attachment to learn the total report:

DISCLAIMER

This alert doesn’t represent authorized recommendation and is for info function solely. This report is authored by an exterior social gathering. BQ Prime doesn’t vouch for the accuracy of its contents neither is chargeable for them in any method. The views expressed within the report are that of the writer entity and don’t signify the views of BQ Prime.

Customers haven’t any license to repeat, modify, or distribute the content material with out permission of the Unique Proprietor.





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