INTRODUCTION
On February 5, 2020, the Securities and Exchange Board of India
("SEBI") issued a circular
("Circular") introducing significant
changes to the existing legal regime concerning alternative
investment funds ("AIFs"). AIFs are
privately-pooled investment funds which collect funds from
investors, whether Indian or foreign, for investing in accordance
with a defined investment policy for the benefit of the investors.
AIFs are governed by the SEBI (Alternate Investment Fund)
Regulations, 2012 ("AIF
Regulations").
The Circular, inter alia, introduces the requirement of
mandatory performance benchmarking, prescribes standardization of
private placement memorandums ("PPMs")
and also prescribes annual audits for AIFs. The objective of such
measures is to enhance disclosure standards amongst others. Prior
to issuing the Circular, SEBI had issued a consultation paper on
December 4, 2019 where the above proposals were discussed. In the
consultation paper it was