SEBI Update – Foreign Investment in Alternative Investment Funds (AIFs)

The amendments to the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005, para 4.1.2. under Chapter 4 of SEBI Master Circular  dated July 31, 2023 for AIFs stands modified as mentioned below: 
The investor, or its beneficial owner as determined in terms of sub-rule (3) of rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005, is not the person(s) mentioned in the Sanctions List notified from time to time by the United Nations Security Council and is not a resident in the country identified in the public statement of Financial Action Task Force as – 
(i) a jurisdiction having a strategic Anti-Money Laundering or Combating the Financing of Terrorism deficiencies to which counter measures apply; or
 (ii) a jurisdiction that has not made sufficient progress in addressing the deficiencies or has not committed to an action plan developed with the Financial Action Task Force to address the deficiencies.

In case an investor who has been already on-boarded to the scheme of an AIF, does not meet the revised condition as specified  the manager of the AIF shall not draw down any further capital contribution from such investor for investing, until the investor meets the said condition. 

The provisions of this circular shall come into force with immediate effect

Link – https://www.sebi.gov.in/legal/circulars/jan-2024/foreign-investment-in-alternative-investment-funds-aifs-_80593.html

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