SEBI’s Latest Regulations for Investment Advisory Services in India

In recent developments, the Securities and Exchange Board of India (SEBI) has introduced comprehensive guidelines to enhance the regulatory framework for Investment Advisers (IAs) in the country. These measures aim to bolster investor protection, ensure transparency, and adapt to the evolving financial landscape. For investors tracking small cap stocks, understanding these regulations is crucial, especially when identifying stocks approaching their 52 weeks high, as compliance and governance play a vital role in risk assessment and long-term wealth creation.

1. Introduction of Part-Time Investment Advisers (PTIAs): SEBI has recognized the need for flexibility in the advisory profession by introducing the concept of PTIAs. This allows professionals engaged in other non-conflicting occupations to offer investment advice, provided they:

• Maintain a clear distinction between their advisory services and other business activities.
• Limit their advisory services to a maximum of 75 clients at any given time.
• Comply with the same qualification and certification standards as full-time IAs.

2. Revised Deposit Requirements: To ensure financial accountability, SEBI has mandated a graded deposit system based on the number of clients served by the IA:

• Up to 150 clients: ₹1,00,000
• 151 to 300 clients: ₹2,00,000
• 301 to 1,000 clients: ₹5,00,000
• 1,001 and above clients: ₹10,00,000

These deposits must be maintained with a scheduled bank and marked as a lien in favor of the Investment Adviser Administration and Supervisory Body (IAASB). Existing IAs are required to comply with this mandate by June 30, 2025, while new applicants must adhere immediately.

Securities and Exchange Board of India

3. Dual Registration for Investment Advisers and Research Analysts: SEBI now permits individuals and entities to hold dual registrations as both Investment Advisers and Research Analysts, provided:

• Advisory and research services are distinctly segregated to prevent conflicts of interest.
• Separate compliance frameworks are maintained for each function.
• An arm’s-length relationship is upheld between the two services.
  Securities and Exchange Board of India

4. Enhanced Disclosure and Compliance for AI Utilization: With the growing adoption of Artificial Intelligence (AI) in financial services, SEBI mandates that IAs:

• Disclose the extent and manner of AI usage in their advisory operations to clients.
• Ensure data security and compliance with applicable laws when leveraging AI tools.
• Remain fully accountable for AI-generated advice, ensuring it aligns with regulatory standards.
  Securities and Exchange Board of India

5. Fee Structure and Flexibility: To provide clarity and protect investor interests, SEBI has outlined permissible fee structures:

• Assets Under Advice (AUA) Mode: Capping fees at 2.5% of AUA per annum per family of clients across all IA services.
• Fixed Fee Mode: Allowing a maximum annual fee of ₹1,51,000 per family of clients, subject to periodic review based on the Cost Inflation Index.
  Securities and Exchange Board of India

6. Compliance Audits and Record Maintenance: IAs are required to:

• Conduct annual compliance audits to ensure adherence to SEBI regulations.
• Maintain detailed records of client interactions, advice rendered, and transactions for a minimum of five years.
• Establish a functional website containing mandatory disclosures and ensure Know Your Client (KYC) compliance for all clients.
  Securities and Exchange Board of India

These regulatory enhancements by SEBI aim to foster a transparent, accountable, and investor-friendly environment in the investment advisory sector, ensuring that both advisors and clients operate within a well-defined and secure framework.