On August 5, 2025, the International Financial Services Centres Authority (IFSCA) issued a Master Circular aimed at regulating Investment Advisers operating within the International Financial Services Centre (IFSC) in India. This circular is part of the broader IFSCA (Capital Market Intermediaries) Regulations, 2025, which provide a comprehensive framework for the registration, regulation, and supervision of capital market intermediaries.
Objectives of the Master Circular
The primary objective of this Master Circular is to establish clear guidelines and requirements for Investment Advisers, ensuring that they operate within a robust regulatory framework. This initiative aims to enhance transparency, accountability, and professionalism in the investment advisory sector, ultimately promoting investor confidence and protecting the interests of clients.
Key Provisions of the Master Circular
- Registration Process
The Master Circular outlines a streamlined registration process for Investment Advisers through the Single Window IT System (SWIT). This system simplifies the application process, allowing entities to submit their applications for registration, approvals, and necessary clearances in a unified manner. The SWIT system is designed to enhance the ease of doing business in the IFSC, making it more accessible for new entrants.
- Validity of Registration
Once registered, an Investment Adviser will hold a perpetual certificate of registration, provided it complies with the regulations. This stability is crucial for fostering trust and confidence among investors and stakeholders.
- Permissible Activities
The circular specifies the activities that Investment Advisers are allowed to undertake. They may provide investment advice to clients in India, the IFSC, or foreign jurisdictions, but must ensure compliance with the Foreign Exchange Management Act, 1999. This provision ensures that Investment Advisers operate within legal boundaries while catering to a global clientele.
- Governance Structure
To ensure accountability and compliance, the Master Circular mandates that each Investment Adviser appoint a Principal Officer and a Compliance Officer. These officers are responsible for overseeing the entity’s operations and ensuring adherence to regulatory requirements. This governance structure is vital for maintaining high standards of conduct and operational integrity.
- KYC, AML, and CFT Guidelines
The circular reinforces the necessity for compliance with Know Your Customer (KYC), Anti-Money Laundering (AML), and Counter-Terrorist Financing (CFT) guidelines. Investment Advisers must implement robust measures to prevent financial crimes and ensure the integrity of their operations.
- Code of Conduct
Investment Advisers are required to establish a Code of Conduct that aligns with the regulations. This code emphasizes the importance of ethical behavior, transparency, and the management of conflicts of interest. By adhering to these principles, Investment Advisers can enhance their credibility and the quality of their services.
- Client Agreements and Risk Profiling
Investment Advisers must enter into formal agreements with clients that outline the terms and conditions of the services offered, including fees and risk factors. Additionally, they are required to conduct risk profiling for each client to ensure that investment advice aligns with the client’s financial goals and risk tolerance.
- Complaint Handling and Grievance Redressal
The Master Circular emphasizes the importance of effective complaint handling and grievance redressal mechanisms. Investment Advisers are required to establish processes for addressing client complaints promptly and efficiently, thereby enhancing client satisfaction and trust.
Conclusion
The Master Circular for Investment Advisers in the IFSC represents a significant advancement in the regulation of investment advisory activities in India. By establishing clear guidelines and requirements, the IFSCA aims to foster a transparent and accountable environment for investment advisers, which is essential for guiding investment decisions and protecting investor interests. As the demand for investment advisory services continues to grow, this regulatory framework will play a pivotal role in shaping the future of capital markets in India and beyond.