An 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.
Investment advice
means advice relating to investing in, purchasing, selling or otherwise dealing
in securities or investment products, and advice on investment portfolio
containing securities or investment products, whether written, oral or through
any other means of communication for the benefit of the client and shall
include financial planning.
Now, in order to register yourself with SEBI
as IA, you must fulfil the following conditions and criteria:
1. Qualification: The
first thing you should ensure before proceeding with the application is to meet
the qualification requirements for making the application.
An individual IA or a
principal officer of a non-individual IA or a person associated with investment
advice should have the following minimum qualification, at all times:
(a) A professional
qualification or post-graduate degree or post graduate diploma (which shall be
of minimum two years in duration) in finance, accountancy, business management,
commerce, economics, capital market, banking, insurance or actuarial science
from a university or an institution recognized by the Central Government or any
State Government or a recognised foreign university or institution or
association; or
(b) a professional qualification by completing
a Post Graduate Program in the Securities Market (Investment Advisory) from
NISM of a duration not less than one year; or
(c) a professional
qualification by obtaining a CFA Charter from the CFA Institute.
2. Experience: An
individual IA or a Principal Officer of a non-individual IA must have an
experience of at least five years in activities relating to advice in financial
products or securities or fund or asset or portfolio management. However, a
person associated with Investment Advice must have an experience of at least
two years in activities relating to advice in financial products or securities
or fund or asset or portfolio management.
3. Certification: An
individual IA or a principal officer of a non-individual IA or a person
associated with investment advice should have a certificate on financial
planning or fund or asset or portfolio or investment advisory services from:
(a) NISM; or (b) any other organization or institution including Financial
Planning Standards Board of India or any recognized stock exchange in India
provided such certification is accredited by NISM.
Note:
A fresh NISM
certification must be obtained before expiry of the validity of the
certification to ensure the continuity in compliance with certification
requirements.
A fresh NISM certification
shall not be obtained through a CPE Program.
For Example: If you
have an MBA degree in Finance (2 years course) with 5 years of experience as
required and take NISM exam, you will fulfill the qualification and
certification requirement.
However, if you have
an MBA degree in marketing (2 years course) with 5 years of experience as
required, you will not fulfill the qualification and experience requirement.
4. Net worth The net
worth requirement are as follows: In case of non-individual investment
advisers– The net worth should not be less than INR 50 Lacs. In case of
individual investment advisers– The net worth in form of net tangible assets
should not be less than INR 5 Lacs. *Net worth means the aggregate value of
paid up share capital plus free reserves (excluding reserves created out of
revaluation) reduced by the aggregate value of accumulated losses, deferred
expenditure not written off, including miscellaneous expenses not written off.
The net worth certificate shall be obtained by a Chartered Accountant and shall
be attached to the form while making an application with SEBI.
5. Adequate
Infrastructure
You should ensure to
have an adequate infrastructure which shall include office space, office
equipment, furniture and fixtures, communication facilities, research capacity,
research software for undertaking investment advisory services.
Application and Fee
Structure
Once you are sure that
you meet the above criteria, you can proceed with making an application with
SEBI for IA. However, before proceeding you are required to take in-principal
approval from BASL.
Once BASL sends you an approval email requesting you to proceed with filing of application with SEBI, you can start the process.
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