SEBI INVESTMENT ADVISER (IA) REGISTRATION GUIDE: INTRODUCTION, STEP-BY-STEP PROCESS, REQUIREMENTS, ELIGIBILITY CRITERIA, AND ANSWERS TO ALL YOUR FAQS November 28, 2022 C S Megha Post in Investment Advisor,Latest Blog,SEBI Are you the one who can manage own portfolios and make right investment decisions? Are you among those to whom many of your relatives or may be friends call up to get advice on their portfolios but you couldn’t just because you are not registered as Investment Advisor. So, if you are thinking of assisting people for making proper investment decisions you need to get yourself registered with SEBI as an Investment Advisor. The process of registration as Investment advisor is completely online and transparent Questions you encounter once you decide to act as an Investment Advisor A. Who is Investment Advisor ? As per SEBI IA regulation “INVESTMENT ADVISER” means any person- ¤ who for consideration, ¤ is engaged in the business of providing investment advice to clients or other persons or group of persons and includes any person who holds out himself as an investment adviser, by whatever name called. Which means Investment Adviser is person who identify investment opportunities available to his clients by understanding the financial situation, risk tolerance and investment goals and makes investment recommendations and advice in return of fees. Many as times they are also referred to as “Financial Advisors.” B. Who can apply? Both Individual and Non-Individual can apply for the said certificate, provided they should meet the eligibility and certification criteria defined under Regulation 7 of SEBI (Investment Advisors) Regulation, 2013 Unlike Individual applicant, in the case of non-Individual there is a separate individual person who will act as Principal Officer also the non-individual applicant can appoint persons who are associated with Investment Advice who will be responsible to give advice to the clients on behalf of the applicant non- individual. However, these principal Officer and the Person Associated with Investment Advice needs to comply with the eligibility and certification criteria. C. Who is not required to get the mandatory registration under the Investment Advisor regulations? So instead speaking about who is mandatorily required to get registered, below link contains those activities for which registration as Investment Adviser are not mandatory as per the SEBI Investment Advisor Regulation: http://csmeghakyal.in/2022/11/28/exemptions-to-ia-registration D. Who is Principal Officer ? As mentioned earlier on behalf of every Non-Individual applicant a principal officer are authorised to advice its clients. He/she shall be the Managing Director or designated director or managing partner or executive chairman or equivalent management body of the Company/ LLP. In case of Individual applicant, the individual shall act as the Principal officer E. Are you ELIGIBLE to get registered as Investment Advisor? Let’s find out.. 1. Educational Qualification: Should pursue below mentioned degree from University or institution recognised by the Central Government or any State Government or any recognised foreign university or institution or association: ¤ Professional Qualification or ¤ Post Graduate Degree or Post Graduate Diploma in subjects like finance, accountancy, business management, commerce, economics, capital market, banking, insurance or actuarial science (minimum 2 years of duration) ; or ¤ CFA Charter from CFA Institute. 2. Mandatory Experience Five years of experience in activities relating to advice in financial products or securities or fund or asset or portfolio management. 3. Important to note if the Applicant is non-Individual- Above requirements are to be fulfilled by its Principal officer and Person Associated with Investment Advice if any. However, for Person Associated with investment advice the experience required for is only 2 years instead of 5 years. 4. Certification Requirement: Any Individual Applicant or principal officer & the Person associated with investment advice (if any) of Non-Individual Applicant shall always have following certification on financial planning or fund or asset or portfolio management or investment advisory services from ¤ NISM- (National Institute of Securities Market) ¤ From any other institution including Financial Planning Standards Board of India or any recognised stock exchange in India provided such certification is accredited by NISM. F. Capital Adequacy/ Net-worth An Individual or Non- Individual Applicant needs to have and maintain below mentioned Net worth at all the times: ¤ For Individual Capacity: – Net worth of not less than five Lakh rupees. ¤ For Non-Individual Capacity- Net worth not less than fifty lakh rupees. G. What are the documents required for registration as Investment Advice? 1. For Individual Applicant: – ¤ ID and Address Proof such as PAN & Aadhar card ¤ Net worth Certificate ¤ Valid NISM Certificate- Both XA & XB or any other certifications specified above point E(d). ¤ Income tax return for last 3 years ¤ GST Certificate if availed. ¤ Qualification and Experience related documents. ¤ Credit report of the applicant. 2. For Non-individual Applicant: – ¤ ID and Address Proof such as PAN of Company/LLP, Certificate of Incorporation of Company/LLP ¤ GST Certificate if availed ¤ TAN Letter ¤ Net worth Certificate ¤ Income tax return for last 3 years ¤ Valid NISM Certificate- Both XA & XB or any other certifications specified above point E(d). ¤ Qualification and Experience related documents of Directors, Principal Officer & Person Associated with Investment Advice. ¤ Credit Report of the applicant. 3. Declarations: – ¤ Declaration with respect to compliance with regulation 7 ¤ Declaration with respect to compliance with regulation 7 at all times ¤ Declaration with respect to adequate infrastructure ¤ Declaration with respect to implementation of investment advice or execution services ¤ Declaration with respect to compliance of regulation 15 ¤ Declaration with respect to compliance with client level segregation of advisory and distribution activities ¤ Declaration with respect to compliance with Regulation 13 (c) ¤ Declaration with respect to being fit and proper as per Schedule II of Intermediaries Regulations 2008. ¤ Declaration with respect to non-receipt of consideration in terms of Regulation 15 (2) 4. Proposed business plan & means of achieving the same, the type of products/ securities on which investment advice is proposed to be rendered. 5. Process for risk profiling of the client and for assessing suitability of advice. A detailed sample of questionnaire for assessing or deciding the risk appetite of the prospective client and its suitability assessment H. Application fees for Registration as Investment Advisor At the time of filing the application, you need to pay the non-refundable application fee and once your registration is approved, you need to pay the Registration Fee for securing the registration and getting the printed certificate from BASL and SEBI. IA fees valid for 5 years BASL Annual Membership Fee Structure valid for 3 years *Plus 18% GST on above amount. I. Process for application of Investment Adviser License Referring to the Circular No. 20210618-01 dated June 18, 2021 and 20210621-01 dated June 21, 2021, issued by BASL, the desirous person is first required to make the registration with BASL (BSE Administration & Supervision Ltd.) and once the same is approved registration by BASL, the same shall be forwarded by them to SEBI for approval. Post completion of registration from BASL and SEBI. The applicant shall receive two registration certificates from SEBI and BASL respectively. ________________________________________________________ We provide comprehensive compliance support programs and audit services to guide and support your firm through the maze of regulatory requirements. Feel free to contact us to discuss our offerings as per your compliance requirement. We will ensure that compliance is no more a burden for you and you can focus on your core advisory activities. We also provide services with respect to Company formation, filing of Annual Return of Companies and LLP, and other Secretarial services. Disclaimer: The views and opinions expressed herein are my personal views and opinions and do not necessarily reflect the official policy and position of any other agency, organization, employer, or company. Assumptions made in the analysis are not of the position of any entity other than me. I make no representations as to the accuracy, completeness, correctness, suitability, or validity of any information and will not be liable for any errors, omissions, or damages arising from its use. It is the reader’s responsibility to verify their own facts Share this:TwitterFacebookLike this:Like Loading... Related