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TMI BlogSecurities and Exchange Board of India (Portfolio Managers) (Fourth Amendment) Regulations, 2021X X X X Extracts X X X X X X X X Extracts X X X X ..... be inserted, namely, - "(ac) "Alternative Investment Fund" shall have the same meaning as assigned to it in clause (b) of sub-regulation (1) of regulation 2 of the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012;" b. after clause (f), the following clause shall be inserted, namely, - "(fa) "Co-investment Portfolio Manager" means a Portfolio Manager who is a Manager of a Category I or Category II Alternative Investment Fund(s); and: (i) provides services only to the investors of such Category I or Category II Alternative Investment Fund(s); and (ii) makes investment only in unlisted securities of investee companies where such Category I or Category II Alternative Investment Fund(s) make investments: Provided that the Co-investment Portfolio Manager may provide services to investors from any other Category I or Category II Alternative Investment Fund(s) which are managed by them and are also sponsored by the same Sponsor(s);" c. after clause (la), the following clauses shall be inserted, namely, - "(lb) "investee company" shall have the same meaning as assigned to it in clause (o) of sub-regulation (1) of regulation 2 of the Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... V. In regulation 22, i. in sub-regulation (2), the following provisos shall be inserted, namely,- "Provided that in case of the Co-investment Portfolio Manager, the terms of co-investment in an investee company by a co-investor, shall not be more favourable than the terms of investment of the Alternative Investment Fund: Provided further that in case of the Co-investment Portfolio Manager, the terms of exit from the Co-investment in an investee company including the timing of exit shall be identical to the terms applicable to that of exit of the Alternative Investment Fund: Provided further that in case of the Co-investment Portfolio Manager, the early withdrawal of funds by the co-investors with respect to Co-investment in investee companies shall be allowed to the extent that the Alternative Investment Fund has also made an exit from respective investment in such investee companies." ii. in clause (e) of sub-regulation (4), after the first proviso, the following proviso shall be inserted, namely,- "Provided further that the performance of the Co-investment Portfolio Manager shall be calculated in the manner as agreed between the Co-investment Portfolio Manager and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative Investment Fund in case applicant ------------------------------------ is offering Co-investment services only) Name of Contact Person: (Note: Compliance Officer / Principal Officer only) --------------------------------- Designation of Contact Person: -------------------------------- Mobile No: ------------------------------- Email: ------------------------------------ Instructions: 1. Applicants shall submit a completed application form together with appropriate supporting documents to the Board. 2. It is important that this application form should be filled in accordance with the regulations. 3. Application for registration shall be considered provided it is complete in all respects. 4. Answers shall be typewritten. 5. Information that is required to be provided in more detail may be given on separate sheets which should be attached to the application form. 6. All signatures shall be original. PART: I GENERAL INFORMATION 1.0 PARTICULARS OF THE APPLICANT 1.1 Name of the Applicant (Name of Manager of Alternative Investment Fund in case applicant is offering Co-investment services only): 1.2 PAN No. (Attach Copy of PAN Card) 1.3 Address of Registered office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Undertaking by the personnel concerned that the details provided regarding them are true to the best of their knowledge and belief. 3. Supporting documents for work experience 2.7 Particulars of Promoters: [Type (Individual/ Corporate); Name; PAN (Copy of PAN Card); Address; Telephone No.; Mobile; Email] 2.8 Particulars of Compliance Officer [Name; PAN (Copy of PAN Card); Qualification, Date of Appointment; Address;] Experience: Company Name Designation Area of Work Nature of Work Experience (In yrs) (Separate sheet may be attached for information on work experience) 2.9 Particulars of Principal Officer [Name; PAN (Copy of PAN Card); Qualification, Date of Appointment; Address;] Certification Details: Certification Program Date of Test Result Percentage Certificate No. Validity From Validity Till Following documents to be provided: 1. Bio-Data detailing the relevant experience as per Regulation 7(2)(d) of the Securities and Exchange Board of India (Portfolio Managers ) Regulations, 2020. 2. Copy of Certifications. 3. Certificate stating that the Principal Officer has been appointed and is compliant with the requirements and is not otherwise disqualified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, Major events and present activities (2) Proposed business plan and means of achieving the same. (3) Projected Profitability (Next three years) (4) (Targets, modus operandi to achieve targets, Resultant Income) 5.0 FINANCIAL INFORMATION 5.1 Capital Structure (Rs. in Crore) Year prior to the preceding year of current year Preceding year Current Year (a) Paid-up capital (b) Free reserves (excluding revaluation reserves) (c) Total (a) + (b) 5.2 Net worth of Applicant (Net worth certificate not older than 3 months from the date of application to be enclosed) (Not applicable in case of applicant offering Co-investment services only) 5.3 Deployment of Resources (Rs. in Crore) Year prior to the preceding year of current year Preceding year Current year (a) Fixed Assets (b) Plant and Machinery and office equipment (c) Investments (Details should be given separately) (d) Others Details of investments, Loans and Advances made to Associate Companies/ Firms where Promoters/Directors have an interest 5.4 Major Sources of Income: (Rs. in Crore) Year prior to the preceding year of current year Preceding year Current Year 5.5 Net Profit (Rs. in Crore) Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registration with other Regulatory bodies. 10.0 DECLARATIONS 10.1. Declaration of compliance with Regulation 7(2) signed by at least Two Directors or designated partners (compliance with Regulation 7(2)(e) shall not be applicable in case of applicant offering Co-investment services only) 10.2. Declaration for Fit and Proper Person as specified in the Securities and Exchange Board of India (Intermediaries) Regulations, 2008 10.3. Declaration of Compliance with clause 12 (b) of Schedule III of these Regulations. 10.4. Declaration of Compliance with SEBI circular on fees and charges. 10.5. Declaration of type and frequency of reports sent/ proposed to be sent to clients. 10.6. Declaration of time taken for transfer of securities into client accounts. 10.7. Declaration of submission of periodic reports and Disclosure Document to SEBI. 10.8. Declaration of compliance with clause (e) of sub-regulation (1) of Regulation 27 - regarding maintenance of records for Investment rationale. 10.9. Declaration of availability of Disclosure document on website of Portfolio Manager. "Provided that this sub-clause shall not apply in case of applicant offering only Co-investment services." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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