Enumerate the general obligations and responsibilities of an Investment Adviser in Indian Securities Market.
CS Executive · Securities Laws and Capital Markets · PYQS · June 2022
Enumerate the general obligations and responsibilities of an Investment Adviser in Indian Securities Market.
Answer & Explanation:
The SEBI (Investment Advisers) Regulations, 2013 provides the following general obligations and responsibilities of an Investment Adviser: An investment adviser shall act in a fiduciary capacity towards its clients and shall disclose all conflicts of interests as and when they arise. An investment adviser shall not receive any consideration by way of remuneration or compensation or in any other form from any person other than the client being advised, in respect of the underlying products or securities for which advice is provided. An investment adviser shall maintain an arms-length relationship between its activities as an investment adviser and other activities. An investment adviser which is also engaged in activities other than investment advisory services shall ensure that its investment advisory services are clearly segregated from all its other activities, in the manner as prescribed hereunder. An investment adviser shall ensure that in case of any conflict of interest of the investment advisory activities with other activities, such conflict of interest shall be disclosed to the client. An investment adviser shall not divulge any confidential information about its client, which has come to its knowledge, without taking prior permission of its clients, except where such disclosures are required to be made in compliance with any law for the time being in force. An investment advisor shall not enter into transactions on its own account which is contrary to its advice given to clients for a period of fifteen days from the day of such advice. An investment advisor shall follow Know Your Client procedure as specified by the SEBI from time to time. An investment adviser shall abide by Code of Conduct. An investment adviser shall not act on its own account, knowingly to sell securities or investment products to or purchase securities or investment product from a client. In case of change in control of the investment adviser, prior approval from the SEBI shall be taken. Investment advisers shall furnish to the SEBI information and reports as may be specified by the SEBI from time to time. It shall be the responsibility of the investment adviser to ensure compliance with the certification and qualification requirements.
Topics: Investment Advisers
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