Sun Advisory Services, a growing financial advisory firm, has recently expanded its client base by offering both full-time and part-time advisory services. The firm has started referring to some of its employees as "part
CS Executive · Capital Market and Securities Laws · PYQS · June 2026
Sun Advisory Services, a growing financial advisory firm, has recently expanded its client base by offering both full-time and part-time advisory services. The firm has started referring to some of its employees as "part-time investment advisers" in its official communications and promotional materials. However, these advisers are handling a large number of clients and providing advisory services alongside other professional engagements. In addition to this, Sun Advisory Services has not clearly disclosed the limitations and scope of services offered by such part-time advisers to its clients. It also continues to onboard new clients without properly monitoring the number of clients being handled by each adviser. As a result, even some of the experienced part-time advisers are handling close to 100 clients. With the objectives of strengthening investor protection and improving transparency in the advisory ecosystem, the Securities and Exchange Board of India introduced the SEBI (Investment Advisers) (Second Amendment) Regulations, 2024. Therefore, these amendments brought significant changes, especially in the classification and functioning of investment advisers. However, the firm is planning to operates with ₹ 50 crore of net worth limit. As a result, in a recent regulatory review, questions are raised regarding whether Sun Advisory Services has complied with the amended provisions relating to the definition, scope, disclosure and operational limits of part-time investment advisers. Concerns are also expressed about investor protection and the clarity of communication maintained by the firm. Based on these scenarios, determine the legal position with respect to the provisions of the said Regulation on the below aspects: (i) Explain the concept of part-time investment adviser as introduced in the amended provisions of SEBI regulation. (ii) State the restrictions on the number of clients for a part-time investment adviser, (iii) Which SEBI Regulation(s) will be applicable to the Sun Advisory Services ? (iv) What is the limit of net worth requirement for Sun Advisory Services, as an investment adviser ? (v) State the provisions of compliance audit for Sun Advisory Services.
Answer & Explanation:
(i) The SEBI (Investment Advisers) (Second Amendment) Regulations, 2024, introduced the concept of a "part-time investment adviser", which means an individual or a firm, who for consideration, is engaged in the business of providing investment advice and is also engaged in any other business activity or employment. Thus, part-time investment adviser can continue with other business activities or employment. (ii) As per Regulation 13 of the SEBI (Investment Advisers) Regulations, 2013 as amended, the number of clients of a part-time investment adviser shall not exceed 75 in total at any point of time. Therefore, in this case, as some of the experienced part-time advisers are handling close to 100 clients, which are in contravention to the limits prescribed under the SEBI (Investment Advisers) Regulations, 2013. (iii) SEBI (Investment Advisers) Regulations, 2013 and SEBI (Intermediaries) Regulations, 2008, as may be amended from time to time, are applicable to Sun Advisory Services. (iv) An investment adviser is no longer required to meet a criteria of net worth under the SEBI (Investment Advisers) Regulations, 2013. The investment adviser requires to maintain a deposit of such sum as specified by the SEBI, which is based on the number of clients. (v) An investment adviser is required to get yearly audit from a member of the Institute of Company Secretaries of India or Institute of Chartered Accountants of India or Institute of Cost Accountants of India within 6 months from the end of each financial year, in order to check the whether the Requirements of the SEBI (Investment Advisers) Regulations, 2013 are complied with.
Topics: Investment Advisers
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