Regulation 26 - Maintenance of records - Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014

Maintenance of records 26. (1) The investment manager shall maintain records pertaining to the activity of the InvIT, wherever applicable, including, (a) all investments or divestments of the InvIT and documents supporting the same including rationale for such investments or divestments; (b) agreements entered into by the InvIT or on behalf of the InvIT; (c) documents relating to appointment of persons as specified in sub-regulation (5) of regulation 10; (d) insurance policies for infrastructure assets; (e) investment management agreement; (f) documents pertaining to issue and listing of units including placement memorandum, draft and final offer document, in-principle approval by designated stock exchanges, listing agreement with the designated stock exchanges, details of subscriptions, allotment of units, etc; (g) distributions declared and made to the unit holders; (h) disclosures and periodical reporting made to the trustee, Board, unit holders and the designated stock exchanges including annual reports, half yearly reports, etc.; (i) valuation reports including methodology of valuation; (j) books of accounts and financial statements; (k) audit reports; (l) reports relating to activities of the InvIT placed before the board of directors of the investment manager; (m) unit holders' grievances and actions taken thereon including copies of correspondences made with the unit holder and the Board, if any; (n) any other material documents; (2) The trustee shall maintain records, wherever applicable, pertaining to, (a) certificate of registration granted by the Board; (b) registered trust deed; (c) documents pertaining to application made to the Board for registration as an InvIT; (d) titles of the infrastructure assets: Provided that where the original title documents are deposited with the lender or any other person in respect of any loan or debt, the trustee shall maintain copies of such title documents; (e) notices and agenda send to unit holders for meetings held; (f) minutes of meetings and resolutions passed therein; (g) periodical reports and disclosures received by the trustee from the investment manager; (h) disclosures, periodically or otherwise, made to the Board, unit holders and the designated stock exchanges; (i) any other material documents. (3) The aforesaid records may be maintained in physical or electronic form: Provided that where records are required to be duly signed and are maintained in the electronic form, such records shall be digitally signed. 1 [ (4) The investment manager and the trustee shall ensure that adequate backup systems, data storage capacity, system capacity for secure handling, data transfer and arrangements for alternative means of communication in case of internet link failure, are maintained for the records maintained electronically. (5) The investment manager and trustee shall ensure that a business continuity plan and disaster recovery site is in place for the records maintained electronically, to maintain data and transaction integrity. ] ************** NOTES:- 1. Inserted vide Notification No. SEBI/LAD-NRO/GN/2024/207 dated 26-09-2024 w.e.f. 26-09-2024