SEBI (Alternate Investment Funds) (Amendment) Regulations 2023

SECURITIES AND EXCHANGE BOARD OF INDIA

NOTIFICATION

Mumbai, the 9th January, 2023

SECURITIES AND EXCHANGE BOARD OF INDIA

(Alternative Investment Funds) (Amendment) Regulations, 2023

 No. SEBI/LAD-NRO/GN/2023/113.— In exercise of the powers conferred by sub-section (1) of Section 30 read with sub-section (1) of Section 11, clause (ba) and clause (c) of sub-section (2) of Section 11 and sub-section (1) and (1B) of Section 12 of the Securities and Exchange Board of India  Act,  1992  (15  of  1992),  the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, namely,:—

1. These Regulations may be called the Securities Exchange Board of India (Alternative Investment Funds) (Amendment) Regulations, 2023.
2. They shall come into force on the date of their publication in the Official Gazette.
3. In the Securities Exchange Board of India (Alternative Investment Funds) Regulations, 2012 ,— I. in regulation 2, in sub-regulation (1),

I. after clause (h), the following clause shall be inserted, namely,-

“(ha) “credit default swaps” shall have the same meaning as assigned to it in the Master Direction – Reserve Bank of India (Credit Derivatives) Directions, 2022.” ii. existing clause (ha) shall be re-numbered as clause (hb).

II. in regulation 16, in sub-regulation (1), after clause (a) and before clause (b), the following clause shall be inserted, namely,-

“(aa) Category I Alternative Investment Funds may engage in hedging, including credit default swaps in terms of the conditions as may be specified by the Board from time to time.”

III. in regulation 17, after clause (d) and before clause (e), the following clause shall be inserted, namely,-

“(da) Category II Alternative Investment Funds may buy or sell credit default swaps in terms of the conditions as may be specified by the Board from time to time.”

IV. in regulation 18, after clause (aa) and before clause (b) the following clause shall be inserted, namely,-

“(ab) Category III Alternative Investment Funds may buy or sell credit default swaps in terms of the conditions as may be specified by the Board from time to time.”

V. in regulation 20, in sub regulation (11), after the second proviso, the following shall be inserted, namely,-

“Provided further that the Sponsor or Manager of the Category I and Category II Alternative Investment Fund transacting in credit default swaps shall appoint a custodian registered with theBoard and comply with such terms and conditions as may be specified by the Board.”

BABITHA RAYUDU, Executive Director

 [ADVT.-III/4/Exty./547/2022-23]

Footnote:

1. The Securities   and   Exchange   Board   of   India (Alternative   Investment   Funds) Regulations, 2012 were published in the Gazette of India on May 21, 2012 vide No. SEBI/LAD-NRO/GN/2012-13/04/11262.
2. The Securities   and   Exchange   Board   of   India (Alternative   Investment   Funds) Regulations, 2012 were subsequently amended on, –
   1. 16^th September, 2013 by the Securities and Exchange Board of India (Alternative Investment Funds)   (Amendment) Regulations, 2013 vide No. LAD-NRO/GN/2013-14/24/6573.
   2. 23^rd May, 2014 by the Securities and Exchange Board of India (Payment of Fees) (Amendment) Regulations, 2014 vide No. LAD-NRO/GN/2014-15/03/1089.
   3. 26^th September, 2014 by the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 vide No. LAD-NRO/GN/2014-15/11/1576.
   4. 14^th August, 2015 by the Securities and Exchange Board of India (Alternative Investment Funds) (Amendment)   Regulations,   2015   vide      SEBI/LAD-NRO/GN/2015-16/011.
   5. 4^th January, 2017 by the Securities and Exchange Board of India (Alternative Investment Funds) (Amendment) Regulations, 2016 vide No. SEBI/LAD/NRO/GN/2016-17/026.
   6. 6^th March, 2017 by the Securities and Exchange Board of India (Payment of Fees and Mode    of    Payment)   (Amendment)    Regulations,    2017    vide    SEBI/LAD/NRO/GN/2016-17/037.
   7. 1^st June, 2018 by the Securities and Exchange Board of India (Alternative Investment Funds) (Amendment) Regulations, 2018 vide No. SEBI/LAD/NRO/GN/2018/19.
   8. 10^th May, 2019 by the Securities and Exchange Board of India (Alternative Investment Funds) (Amendment) Regulations, 2019 vide No. SEBI/LAD/NRO/GN/2019/16.
   9. 17^th April, 2020  by  the  Securities  and  Exchange  Board  of  India  (Regulatory Sandbox) (Amendment) Regulations, 2020 vide No. SEBI/LAD-NRO/GN/2020/10.
   10. 19^th October, 2020 by  the  Securities  and  Exchange  Board  of  India  (Alternative Investment Funds) (Amendment) Regulations, 2020 vide No. SEBI/LAD/NRO/GN/2020/37.
   11. 8^th January, 2021 by  the  Securities  and  Exchange  Board  of  India  (Alternative Investment Funds) (Amendment) Regulations, 2021 vide No. SEBI/LAD/NRO/GN/2021/01.
   12. 5^th May, 2021 by  the  Securities  and  Exchange  Board  of  India  (Alternative Investment Funds) (Second Amendment) Regulations, 2021 vide No SEBI/LAD-NRO/GN/2021/21.
   13. 3^rd August, 2021 by the (Regulatory Sandbox) (Amendment) Regulations, 2021 vide No. SEBI/LAD-NRO/GN/2021/30.
   14. 3^rd August, 2021 by  the  Securities  and  Exchange  Board  of  India  (Alternative Investment Funds) (Third Amendment) Regulations, 2021 vide No. SEBI/LAD-NRO/GN/2021/33.
   15. 13^th August, 2021 by the Securities and Exchange Board of India (Alternative Investment Funds) (Fourth Amendment) Regulations, 2021 vide No. SEBI.LAD-NRO/GN/2021/41.
   16. 9^th November, 2021 by the Securities and Exchange Board of India (Alternative Investment Funds) (Fifth Amendment) Regulations, 2021 vide No. SEBI/LAD-NRO/GN/2021/57.
   17. 24^th January,2022 by the Securities and Exchange Board of India (Alternative Investment Funds) (Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/68.
   18. 16^th March, 2022 by the Securities and Exchange Board of India (Alternative Investment Funds) (Second Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/75.
   19. 25^th July, 2022, by the  Securities  and  Exchange  Board  of  India  (Alternative  Investment Funds) (Third Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/89.
   20. 15^th November 2022, by the Securities and Exchange Board of India (Alternative Investment Funds) (Fourth Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/105.