Alternate Investment Funds
Alternate Investment Funds (AIFs) are gaining popularity as an innovative investment vehicle in India, catering to diverse investor needs. Our firm provides end-to-end support for AIFs, ensuring regulatory compliance, efficient structuring, and seamless operations.
AIF Formation and Registration
- SEBI Registration Assistance: End-to-end support in obtaining SEBI registration under the appropriate AIF category (Category I, II, or III).
- Structuring Advice: Guidance on selecting the right fund structure (trust, LLP, company) based on investment objectives, tax efficiency, and investor preferences.
- Documentation: Drafting and filing the private placement memorandum (PPM), trust deed, investment management agreement, and other required documents.
- Initial Regulatory Approvals: Assistance with registration processes for offshore investors, FDI compliance, and RBI approvals for foreign investments.
Fund Structuring and Strategy Advisory
- Investment Strategies: Tailored advice on defining investment strategies for AIFs, including venture capital, private equity, real estate, infrastructure, or hedge funds.
- Tax-efficient Structuring: Ensuring optimal tax treatment for investors and the fund through efficient structuring and adherence to tax laws.
- Cross-border Investments: Guidance on structuring funds for inbound and outbound investments to comply with domestic and international regulations.
Fundraising and Investor Relations
- Investor Onboarding: Support in onboarding investors by preparing agreements, conducting due diligence, and ensuring compliance.
- Marketing Support: Advisory on fund promotion while adhering to SEBI’s restrictions on solicitation.
- Periodic Communication: Facilitating transparent communication with investors through regular updates and reports.
Performance Evaluation and Benchmarking
- Assistance in evaluating fund performance against market benchmarks and similar funds.
- Customized performance metrics to align with the fund’s objectives and investor expectations.
Sector-specific Expertise
- Real Estate Funds: Structuring and managing funds focused on residential or commercial real estate projects.
- Infrastructure Funds: Advisory for funds investing in infrastructure development projects.
- Social Impact Funds: Assistance in setting up funds focused on social enterprises or ESG (Environmental, Social, and Governance) investments.
Compliance and Reporting
- Regulatory Filings: Assistance with regular filings under SEBI regulations, including quarterly and annual compliance reports.
- KYC/AML Compliance: Ensuring adherence to Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations for investors and fund managers.
- Monitoring Investor Contributions: Periodic tracking and reporting of investor commitments and fund utilization.
- Reporting to Investors: Drafting and issuing detailed performance reports, financial statements, and tax reports for investors.
AIF Taxation Advisory and Compliance
- Fund-level Tax Compliance: Ensuring compliance with TDS, GST, and other applicable taxes.
- Investor Taxation: Advisory on tax implications for domestic and foreign investors, including capital gains and withholding taxes.
- Pass-through Taxation Mechanisms: Assistance with pass-through taxation benefits for Category I and II AIFs.
- Filing Returns: Preparing and filing income tax returns for the fund and providing guidance to investors for their tax filings.
AIF Audit and Assurance
- Statutory Audits: Conducting audits to ensure compliance with SEBI guidelines and other regulatory frameworks.
- Internal Audits: Reviewing fund operations, internal controls, and compliance with fund policies.
- Operational Audits: Assessing the efficiency of fund management operations and recommending improvements.
Winding-up and Exit Strategies
- Guidance on the orderly winding-up of AIFs, including regulatory filings and investor settlements.
- Support for implementing exit strategies for investors, including secondary transactions, buybacks, or liquidation.
FATCA and CRS Compliance
- Registration and Setup: Assistance with FATCA and CRS registration with the Indian Income Tax Department and relevant international authorities.
- Due Diligence Procedures: Implementation of due diligence processes for identifying reportable accounts.
- Annual Reporting: Preparation and filing of FATCA and CRS reports, ensuring accuracy and timely submission.
- Compliance Advisory: Ongoing advisory services to maintain compliance with evolving FATCA and CRS requirements.
- Training Programs: Training fund managers and administrators on FATCA and CRS regulations and their operational implications.
Get in touch
Office: 342, DLF Towers, Shivaji Marg, Moti Nagar, New Delhi, India 110015
Open Hours: Monday to Saturday: 10am — 7pm