Alternative Investment Fund

Overview of Alternate Investment Fund (AIF)

An Alternative Investment Fund (AIF) is a private investment vehicle in India, such as a trust, company, or LLP, that pools funds from domestic and foreign investors. It follows a specific investment policy and is regulated by SEBI under the SEBI (Alternative Investment Funds) Regulations, 2012, unlike traditional mutual funds. AIFs include investments like private equity, venture capital, hedge funds, and real estate.

Eligibility Criteria for AIF registration

Eligibility

Eligibility AIFs can raise funds from Indian, foreign, and non-resident investors. Social impact funds can issue social units.

Minimum Corpus

₹20 crore per scheme (₹5 crore for social impact funds).

Minimum Investment

Minimum Investment ₹1 crore, with lower amounts for certain individuals and accredited investors. Social impact funds: ₹2 lakh.

Manager/Sponsor Interest

• For Category I & II AIFs, must invest at least 2.5% of the fund’s corpus or ₹5 crore (whichever is lower).
• For Category III AIFs, 5% or ₹10 crore. (whichever is lower).

Disclosure

Managers/Sponsors must disclose their investments in the AIF.

Investor Limit

Each scheme of AIF can onboard maximum 1,000 investors.

Fundraising

Must be done via private placements.

Tenure

Category I & II : close-ended, minimum tenure of 3 years.
Category III : Either open or close-ended.

Extensions of close ended AIF

Tenure can be extended by up to 2 years with approval from two-thirds of unit holders. Extensions beyond this may be allowed for large value funds for accredited investors.

Eligibility of Applicant, Sponsor, & Manager

Must be fit and proper persons based on the criteria specified in Schedule II of the SEBI (Intermediaries) Regulations, 2008.

Key Investment Team

At least one key personnel with relevant certification as specified by the Board from time to time, and at least one key personnel with a professional qualification in finance, accountancy, business management, commerce, economics, capital markets, or banking from a recognized institution, or a CFA charter, or any other qualification specified by the Board.

Infrastructure and Capability

Manager or Sponsor must have necessary infrastructure and manpower to manage AIF activities.

Type of AIF in India

Category I AIF

Invests in socially and economically desirable sectors like start-ups and SMEs, including venture capital and social impact funds, eligible for government incentives.

Category II AIF

Comprises private equity and debt funds that do not engage in significant leverage and do not receive specific government incentives, focusing on traditional investment strategies.

Category III AIF

Category III AIF Employs complex trading strategies and leverage, allowing investments in a variety of financial instruments, including listed and unlisted derivatives.

List of documents required

Write-up on the activities of the applicant

Identity and address proof of key individuals

Trust Deed registration (for Trusts)

Memorandum of Association (MOA) with AIF activities clause (for Companies)

Articles of Association prohibiting public subscriptions

Partnership Deed filed under the LLP Act, 2008 (for LLPs)

Shareholding pattern

Director profiles

Financial statements for the previous financial year

Investment

Fees structure

Particulars AMOUNT (IN ₹)
Application fee 100,000
Registration fee for Category I Alternative Investment Funds other than Angel Funds 500,000
Registration fee for Category II Alternative Investment Funds other than Angel Funds 1,000,000
Registration fee for Category III Alternative Investment Funds other than Angel Funds 1,500,000
Scheme Fee for Alternative Investment Funds other than Angel Funds 100,000

Tax structure

CategoryTaxabilityNature of Income Earned by the FundTax Rate
CAT I & CAT IIPassed through – AIF doesn’t pay any tax; unit holder pays taxOther than business income (e.g., capital gains)Rates applicable to the unit holder
Taxed at AIF; such income is not taxable for unit holdersBusiness IncomeAIF formed as a company or LLP: Taxed at rates applicable to the company or LLP.
AIF formed as a Trust: Taxed at Maximum Marginal Rate (MMR) @ 39%.
CAT IIITaxed at the fund level; not taxable for unit holderShort-term capital gain20%
Long-term capital gain12.5%
Business income30%
Dividend income30%

Please be advised that regulatory requirements are subject to change. Kindly verify the latest requirements to ensure compliance.

Why Choose Sanjay Shah & CO LLP

AIF Licensing Support

We simplify the licensing process for ease and efficiency.

SEBI Registration Management

We manage your entire SEBI registration for credibility.

In-Depth SEBI Knowledge

We understand SEBI regulations thoroughly, ensuring your fund is compliant.

Document Drafting Assistance

We create key documents to boost investor confidence.

Careful Documentation Support

Our attention to detail minimizes errors and speeds up your application.

Application Submission Support

We handle Form A submissions and SEBI inquiries promptly.

Streamlined Processes

We make the entire setup process efficient, saving you time and stress.

Professional Coordination

We ensure smooth operations through effective stakeholder collaboration.

Operational Framework Setup

We build a strong framework tailored to your needs.

Custom Policy Design

We craft policies designed for your operational requirements.

Ongoing Support

We’re here for you even after registration, helping you tackle future challenges.

Benchmarking and Audit Support

We facilitate audits to maintain high operational standards.

Non-Critical Function Management

We manage accounting and filings, allowing you to focus on growth.

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