Search Funds and Investments

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Introduction

The Foreign Contribution (Regulation) Act, 2010 (“FCRA”)[i], regulates the flow and use of foreign funds by individuals, associations, and organisations in India. Over time, the regulatory framework under FCRA has evolved, introducing several compliance obligations for entities receiving foreign contributions. In April 2025[ii], a key amendment was introduced concerning the validity of prior permissions. To strengthen the FCRA regime further, the Ministry of Home Affairs (“MHA”) notified amendments to the Foreign Contribution (Regulation) Rules, 2011 (“FCR Rules”)[iii], on May 26, 2025 (“May 2025 Amendments”)[iv]. These amendments bring important changes to the registration, prior permission, renewal processes, and other post-registration compliances.

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Specialized Investment Funds: New Investment Product of The Hour

The Securities and Exchange Board of India (“SEBI”) announced the establishment of ‘Specialized Investment Funds’ (“SIF”) vide its amendment to the SEBI (Mutual Funds) Regulations, 1996 (“Mutual Fund Regulations”), effective December 16, 2024. The amendment was aimed at introducing a new asset class to bridge the gap between Mutual Funds (“MFs”) and Portfolio Management Services (“PMS”). SEBI vide its circular dated February 27, 2025, laid down a comprehensive regulatory framework for SIFs (effective April 1, 2025).

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Allocation of CSR Funds: Need for more equitable distribution

Context

The Ministry of Corporate Affairs (“MCA”) introduced the concept of Corporate Social Responsibility (“CSR”) for the first time through the Voluntary Guidelines on CSR, 2009. These guidelines encouraged companies to formulate policies to undertake CSR, provide for its strategic planning and a roadmap for its CSR initiatives. As a mandatory legal requirement, CSR was first codified in Section 135 of the Companies Act, 2013 (“CA 2013”). As recognized in the 21st Report of the Standing Committee on Finance on the Companies Bill, 2009, this was the first time in India, and also probably in the world that CSR was being introduced as a mandatory requirement.

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Disposition of unliquidated assets has been a major challenge for some Alternative Investment Funds (“AIFs”). Most AIFs in the market today are close ended i.e., they have a fixed tenure, within which AIF managers are expected to fully exit the AIF’s portfolio investments. The recent data on AIFs, published by Securities Exchange Board of India (“SEBI”), indicates that AIF investments in unlisted securities are significantly higher (almost by a factor of 2.8) than that in listed securities. SEBI has increased its scrutiny of those AIFs which are seeking tenure extensions, are in the midst of their liquidation period or are struggling with expired liquidation period.

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SEBI Proposes Key Changes to the AIF Regime

The Securities Exchange Board of India (“SEBI”) has been actively updating the SEBI (Alternative Investment Funds) Regulations, 2012 (“AIF Regulations”) to strengthen the governance mechanism of alternative investment funds (“AIFs”) and bring in more transparency and accountability for market participants. The recent updates seem to be aimed at investor protection and ensuring compliance with the existing array of laws related to AIF Regulations.

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Fund structures are gaining popularity among wealthy individuals in India as optimum structures to help with wealth planning, investments, and tax management. Family offices are viewing GIFT City, India’s first international financial services centre (“IFSC”), for the purpose of facilitating global investments in a structured manner. 

Continue Reading IFSCA Relaxes Rules for Family Investment Funds in GIFT City