Posts

Showing posts from October, 2021

Sebi Alternative Investment Funds (Third Amendment) Regulations, 2021

  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 and Exchange Board of India (Alternative Investment Funds) (Fourth Amendment) Regulations, 2021. 2. They shall come into force on the date of their publication in the Official Gazette: Provided that the amendments to regulation 12 shall come into force on the ninety first day from the date of publication of these regulations in the Official Gazette. 3. In the  Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 ,- Following Definitions have been inserted / a

What is Winding Up of a company?

  WInding Up also known as Liquidation is a process in which a running company gets shut down and its existence comes to an end. This may occurs when businesses are unable to pay their creditors and need to sell off their properties in order to compensate them. While this may also be a voluntary act under which, law ensures that all the debts of a company of existence are paid before it is closed or shut down. As per companies act 2013 winding up of a company may be done in either: Under section 270 winding up can be done: a. By tribunal b. Voluntary winding up   Notwithstanding anything contained in any other Act, the provisions of this Act with respect to winding up shall apply to the winding up of a company in any of the modes specified under sub-section 1. The 2016 Insolvency and Bankruptcy Code  effectively consolidates the insolvency laws for various companies into a common legislation. It extends equally to companies, partnership businesses and limited liability partnership comp

Alternative Investment Funds are divided into several categories (AIFs)

  Alternative Investment Funds must register in one of three categories, according to the Securities and Exchange Board of India (Alternative Investment Funds) Regulations of 2012. Category I:  Invests mostly in start-ups, small businesses, and any other industry that the government deems economically and socially viable. Category II:  Alternative Investment Funds (AIFs) such as private equity and debt funds that receive no special incentives or concessions from the government or any other regulator fall under this category. Category III : Alternative Investment Funds, such as hedge funds or funds that trade with the goal of making short-term profits, or other open-ended funds for which the government or any other regulator provides no special incentives or concessions. Alternative Investment Funds / Schemes: Tenure and Listing The duration of AIF schemes established under Category I and II will be set at the time of application and shall be for a minimum of three years. Alternative In