SEBI circular on Change in control of Portfolio Managers providing Co-investment services – January 10, 2023

SEBI, vide its circular dated January 10, 2023 partially modified para 2 (iv) of the Circular dated June 2, 2022 where SEBI specified the procedure for seeking prior approval in case of change in control of Portfolio Manager.

Para 2 (iv) under Circular dated June 2, 2022 Para 2 (iv) under Circular dated June 10, 2023 Comment Pursuant to grant of prior approval by SEBI, in order to enable existing investors/ clients to take well informed decision regarding their continuance or otherwise with the changed management, the portfolio manager shall inform its existing investors/ clients about the proposed change prior to effecting the same and give an option to exit without any exit load, within a period of not less than 30 calendar days, from the date of such communication. “Pursuant to grant of prior approval by SEBI, in order to enable existing investors/ clients to take well informed decision regarding their continuance or otherwise with the changed management, the portfolio manager shall inform its existing investors/ clients about the proposed change prior to effecting the same and give an option to exit without any exit load, within a period of not less than 30 calendar days, from the date of such communication. However, for the clients under co-investment portfolio management services, the Portfolio Manager shall ensure compliance with the second proviso of Regulation 22 (2) of PMS Regulations.” With this modification, an additional requirement has been placed on portfolio management services to comply with Regulation 22(2) of PMS Regulations for the clients under co-investment portfolio management services. Regulation 22(2) of PMS Regulations terms to be included in the agreement between the portfolio manager and the client.

All other requirements, terms and conditions specified in the Circular shall remain unchanged.

Link to the Circular: View Circular