0

How to Register Hedge Fund in India

Posted on by Fastlegal Team

In this article, we will discuss the process of hedge fund Registration in India i.e. alternative investment fund in India with securities and exchange Board of India (SEBI)

Securities And Exchange Board Of India (Alternative Investment Funds) Regulations, 2012 mainly regulate the Hedge funds in India.

Meaning of Hedge fund  and Alternative Investment Fund : 

Hedge fund

“Hedge fund” means an Alternative Investment Fund which employs diverse or complex trading strategies and invests and trades in securities having diverse risks or complex products including listed and unlisted derivatives

Alternative Investment Fund: 

As per SEBI (Alternative Investment Funds) Regulations, 2012 : 

“Alternative Investment Fund” means any fund established or incorporated in India in the form of a trust or a company or a limited liability partnership or a body corporate which,-

  1. Is a privately pooled investment vehicle which collects funds from investors, whether Indian or foreign, for investing it in accordance with a defined investment policy for the benefit of its investors; and
  2. Is not covered under the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999 or any other regulations of the Board to regulate fund management activities:

Provided that the following shall not be considered as Alternative Investment Fund for the purpose of these regulations,- 

  1. family trusts set up for the benefit of ‘relatives’ as defined under Companies Act, 2013;
  2. ESOP Trusts set up under the Securities and Exchange Board of India (Share Based Employee Benefits) Regulations, 2014 or as permitted under Companies Act, 2013;
  3. employee welfare trusts or gratuity trusts set up for the benefit of employees; 
  4. ’holding companies’ as defined under sub-section 46 of section 2 of Companies Act, 2013;
  5. other special-purpose vehicles not established by fund managers, including securitization trusts, regulated under a specific regulatory framework;
  6. funds managed by securitisation company or reconstruction company which is registered with the Reserve Bank of India under Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; and 
  7. Any such pool of funds which is directly regulated by any other regulator in India; 

How to Register Hedge Fund or Alternative Investment Fund with SEBI

Choosing Category for Hedge Fund or Alternative Investment Fund with SEBI

SEBI under alternative investment funds regulations has prescribed the three types of the categories for the alternative investment fund for hedge funds registration under which they can seek registration depending upon the activities of the fund

Categories for Hedge Funds or Alternative Investment Funds 

  • “Category I Alternative Investment Fund” which invests in start-up or early stage ventures or social ventures or SMEs or infrastructure or other sectors or areas which the government or regulators consider as socially or economically desirable and shall include venture capital funds, SME Funds, social venture funds, infrastructure funds.

Explanation.─ For the purpose of this clause, Alternative Investment Funds which are generally perceived to have positive spillover effects on economy and for which the Board or Government of India or other regulators in India might consider providing incentives or concessions shall be included and such funds which are formed as trusts or companies shall be construed as “venture capital company” or “venture capital fund” as specified under sub-section (23FB) of Section 10 of the Income Tax Act, 1961

  • “Category II Alternative Investment Fund” which does not fall in Category I and III and which does not undertake leverage or borrowing other than to meet day-today operational requirements and as permitted

Explanation.─ For the purpose of this clause, Alternative Investment Funds such as private equity funds or debt funds for which no specific incentives or concessions are given by the government or any other Regulator shall be included

  • “Category III Alternative Investment Fund” which employs diverse or complex trading strategies and may employ leverage including through investment in listed or unlisted derivatives. Explanation.─ For the purpose of this clause, Alternative Investment Funds such as hedge funds or funds which trade with a view to make short term returns or such other funds which are open ended and for which no specific incentives or concessions are given by the government or any other Regulator shall be included

Choosing and Setting up Structure of Hedge Fund or AIF: 

Which Fund Investment funds can be formed either of the following: 

  • Trust 
  • Partnership
  • Limited Liability Partnership
  • Private Limited Company

Eligibility Criteria for Hedge Fund Registration in India

  • The memorandum of association in case of a company; or the Trust Deed in case of a Trust; or the Partnership deed in case of a limited liability partnership permits it to carry on the activity of an Alternative Investment Fund
  • The applicant is prohibited by its memorandum and articles of association or trust deed or partnership deed from making an invitation to the public to subscribe to its securities
  • In case the applicant is a Trust, the instrument of trust is in the form of a deed and has been duly registered under the provisions of the Registration Act, 1908
  • In case the applicant is a limited liability partnership, the partnership is duly incorporated and the partnership deed has been duly filed with the Registrar under the provisions of the Limited Liability Partnership Act, 2008
  • In case the applicant is a body corporate, it is set up or established under the laws of the Central or State Legislature and is permitted to carry on the activities of an Alternative Investment Fund
  • The applicant, Sponsor and Manager are fit and proper persons based on the criteria specified in Schedule II of the Securities and Exchange Board of India (Intermediaries) Regulations, 2008
  • The key investment team of the Manager of Alternative Investment Fund has adequate experience, with at least one key personnel having not less than five years experience in advising or managing pools of capital or in fund or asset or wealth or portfolio management or in the business of buying, selling and dealing of securities or other financial assets and has a relevant professional qualification
  • The Manager or Sponsor has the necessary infrastructure and manpower to effectively discharge its activities
  • The applicant has clearly described at the time of registration the investment objective, the targeted investors, proposed corpus, investment style or strategy, and proposed tenure of the fund or scheme
  • Whether the applicant or any entity established by the Sponsor or Manger has earlier been refused registration by the Board
Hedge Fund Registration in India

Information Required for Making Application for Hedge Fund Registration in India

  1. In case the applicant is a Trust: 

1. Write-up on the activities of the applicant 

2. Whether the Trust Deed is registered under the provisions of the Registration Act, 1908. (Enclose relevant extract of the Registered Trust Deed) 

3. Whether the Trust Deed permits the carrying on of the activity of an Alternative Investment Fund 

4. Whether the applicant is prohibited by its trust deed from making an invitation to the public to subscribe to its units; 

5. Provide details of Trustees/ Trustee Company as below: 

a. Whether Trustee is an individual or a Trustee company. 

b. Name, registered office address, telephone number(s) and fax number(s) of the Trustees/ Trustee Company. 

c. Name, direct line number, mobile number and e-mail of the contact person(s). 

d. Identity and Address proof of Trustees/ Directors of the Trustee Company 

e. Whether the Trustee Company is registered with Board, Reserve Bank of India or any other regulatory authority in any capacity along with the details of its registration. 

f. Brief write up on the activities of the Trustee Company/ Profile of Trustees. 

II. In case applicant is a Company: 

1. Write-up on the activities of the applicant 

2. Shareholding pattern and profile of the directors (Enclose Identity proof and address proof of the directors) 

3. Whether the Memorandum of Association permits carrying on of the activity of an Alternative Investment Fund (Enclose relevant extract of the Memorandum of Association) 

4. Whether the applicant is prohibited by its memorandum and articles of association from making an invitation to the public to subscribe to its securities;

 III. In case applicant is a limited liability partnership: 

1. Write-up on the activities of the applicant 

2. Beneficial ownership pattern and profile of the partners (Enclose Identity proof and address proof of the partners) 

3. Whether the partnership deed is duly filed under the provisions of the Limited Liability Partnership Act, 2008 and permits carrying on of the activity of an Alternative Investment Fund (Enclose relevant extract of the Partnership Deed) 

4. Whether the applicant is prohibited by its partnership deed from making an invitation to the public to subscribe to its securities;

 IV. In case applicant is a Body Corporate 

1. Write-up on the activities of the applicant 

2. Shareholding pattern and profile of the directors (Enclose Identity proof and address proof of the directors)

3. Whether the applicant is set up or established under the laws of the Central or State Legislature

4. Whether the applicant is permitted carrying on of the activity of an Alternative Investment Fund (Enclose relevant extract of the relevant Statute/Act) 

5. Whether the applicant is prohibited by its memorandum and articles of association from making an invitation to the public to subscribe to its securities;

Details of Sponsor and Manager of Fund :

  • Name, address of registered office, address for correspondence and principal place of business, telephone number(s), fax number(s), e-mail address of the sponsor.
  • Name, direct line number, mobile number and e-mail of the contact person(s)
  • Legal status of the sponsor (whether sponsor(s) is/are individual/company/limited liability partnership/body corporate) and date and place of incorporation/ establishment, wherever applicable. 
  • In case of Sponsor being individual(s), provide a brief profile of the Sponsor including professional qualification. In case of Sponsor(s) being other than individual, write up on shareholding pattern/ Partnership interests and profile of the directors/partners including their professional qualification. 
  • Identity proof and address proof of the Sponsor (if sponsor is an individual)/ directors of Sponsor(is sponsor is a company)/ partners of the Sponsor (if sponsor is an limited liability partnership). 
  • Whether the Sponsor or its director(s)/ partner(s) is/are registered with the Board.
  • Details of past experience of the Sponsor(s) in advising or managing pools of capital or in fund or asset or wealth or portfolio management or in the business of buying, selling and dealing of securities or other financial assets. 
  • Copies of the financial statements for the previous financial year (i) Whether the Sponsor has floated any Alternative Investment Funds/ Venture Capital Funds previously, which are registered with the Board. If yes, details of the same.

Meaning of Sponsor : 

“sponsor” means any person or persons who set up the Alternative Investment Fund and includes promoter in case of a company and designated partner in case of a limited liability partnership

Meaning of Manager : 

“manager” means any person or entity who is appointed by the Alternative Investment Fund to manage its investments by whatever name called and may also be same as the sponsor of the Fund

Details Of Business Plan And Investment Strategy for Hedge Fund Registration in India

  • Investment objective and investment style/ strategy of the fund.
  • The target investors 
  • The target industries/ sectors, if any 
  • Proposed corpus 
  • Proposed fees to the Sponsor and Manager 
  • Tenure of the fund or scheme 
  • Details of proposed use of leverage in case of Category III Alternative Investment Fund

Amount To Be Paid As Fees for Hedge Fund Registration in India

  • Application fee Rs.1,00,000 
  • Registration fee for Category I Alternative Investment Funds other than Angel Funds Rs. 5,00,000 
  • Registration fee for Category II Alternative Investment Funds other than Angel Funds Rs.10,00,000 
  • Registration fee for Category III Alternative Investment Funds other than Angel Funds Rs.15,00,000 
  • Scheme Fee for Alternative Investment Funds other than Angel Funds `1,00,000 Re-registration Fee Rs.1,00,000 
  • Registration Fee for Angel Funds Rs.2,00,000

The fees specified above shall be payable by way of direct credit in the bank account through NEFT/RTGS/IMPS or any other mode allowed by RBI or by bank draft in favour of “The Securities and Exchange Board of India” at Mumbai

Investment Conditions And Restrictions for Hedge Fund in India

Investment in all categories of Alternative Investment Funds shall be subject to the following conditions:- 

  • The alternative investment fund may raise funds from any investor whether Indian, foreign or non-resident Indians by way of issue of units;
  • Each scheme of the alternative investment fund shall have a corpus of at least twenty crore rupees;
  • The alternative investment fund shall not accept from an investor, an investment of value less than one crore rupees
  • In the case of investors who are employees or directors of the alternative investment fund or employees or directors of the manager, the minimum value of investment shall be twenty-five lakh rupees. 
  • the manager or sponsor shall have a continuing interest in the alternative investment fund of not less than two and a half percent of the corpus or five crore rupees, whichever is lower,
  • In the form of investment in the alternative investment fund and such interest shall not be through the waiver of management fees
  • For category iii alternative investment fund, the continuing interest shall be not less than five percent of the corpus or ten crore rupees, whichever is lower. 
  • The manager or sponsor shall disclose their investment in the alternative investment fund to the investors of the alternative investment fund;
  • No scheme of the alternative investment fund shall have more than one thousand investors
  • provisions of the companies act, 2013 shall apply to the alternative investment fund, if it is formed as a company

Application to SEBI for Hedge Fund Registration in India

The Application for Registration is required to be made in Form A to SEBI along with the Required application Fee and documents

Consideration of Application by SEBI

Once the proper Application is submitted to SEBI, SEBI will examine the Application and may ask for further information and if deems fit will approve or reject the Application

Certification of Registration for Hedge Fund by SEBI

Once the applicant is approved and applicant has deposited necessary fee , SEBI will grant Certificate to Applicant to carry on Activities of Hedge Fund or Alternative Investment Fund.

0

Recovery of dues by MSME’s through MSME Samadhan Scheme

Posted on by Fastlegal Team

Any MSME unit which has supplied goods or render any services to any Company or any other person (buyer of goods or recipient of Services ) and the buyer or recipent is delaying in payment or not making due payment as agreed , can make an application for recovery of dues by MSME under MSME Samadhan Scheme.

Where any Micro or small enterprises supplies any goods or render any services to any buyer, the buyer shall make payment therefor on or before the date agreed upon between him and the supplier. Period of payment between the supplier and the buyer in writing shall not exceed forty five days upon from the day of acceptance

Where the buyer fails to make payment to supplier within forty five days the buyer shall be liable to pay the amount with interest thereon.

Recovery of dues by MSME
MSME

Who can apply under for Recovery of dues by MSME:

Any Micro or small enterprises having valid Udyog Aadhar/Udhyam Registration (UAM) can make Application for recorvery of dues from Debtors.

How much Amount MSME unit can claim Recovery of dues by MSME under MSME Samadhan Scheme :

The buyer is liable to pay bill amount and compound interest with the monthly rests to the supplier. Interest is calculated on the amount at the three times of the bank rate notified by RBI.

Filing of Application under MSME Samadhan Scheme

MSME units are required to file Application under Msme Samadhan Portal online with all the supporting documents including Invoices, purchase orders etc.

Examination of Application by MSME department

MSME department will examine application filed by MSME unit and if application is complete in all respact than department will issue directions to the buyer unit for payment of due amount along with interest as per the provisions under the MSMED Act 2006.

Appeal by Appellant :

If the Appellant (not being the supplier) wants to file an appeal, no application for setting aside any decree or award by the state council shall be entertained by any court unless the appellant (not being supplier) has deposited with it, the 75% of the award amount.

0

How to take Loan From Director to Private Limited Company

Posted on by Fastlegal Team

A private limited company is the most accepted and popular business structure in India and is governed by the provisions of the Companies Act and rules made thereunder, to carry out business operations loan from director to company is the main source of debt funding private limited access.

In every type of business structure there are two main sources of funds that an organisation deals with, one is in the form of capital and other is in the form of loan or debt. 

In case of a company accepting funds from the capital it has to issue shares,  and if the company is accepting funds from loan there should be an agreement with respect to the terms and conditions assigned to the particular loan and the security provided for a given loan. 

In this article we will discuss accepting loans from the directors of the company by a private limited company. 

Please note that accepting any type of loans or money from any person in a private limited company falls under the provisions of companies acceptance of deposit rules 2014 

“deposit” includes any receipt of money by way of deposit or loan or in any other form, by a company, but does not include –

“(viii) any amount received from a person who, at the time of the receipt of the amount, was a director of the company or a relative of the director of the Private company:

Provided that the director of the company or relative of the director of the private company, as the case may be, from whom money is received, furnishes to the company at the time of giving the money, a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting loans or deposits from others and the company shall disclose the details of money so accepted in the Board’s report;”

Loan from Director to Company
Loan from Director to Company

Step by step procedure for accepting loans from directors to Company

  • hold Board meeting and pass necessary resolution approving the limit up to which company can accept loans

The company is required to hold the board meeting and pass necessary resolution in this regard for approving the limit of loan up to which company can accept the loans. 

  • Pass Resolution for Authorising Director to sign Necessary Terms and Conditions /Loan agreement for the loan 
  • Accept at the time of giving the money, a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting loans or deposits from others
  • Credit of Funds to Company Bank Account 

Compliance with Respect to Loan : If the Loan Agreement or Terms of Loan Contains clause  relating to the conversion of this loan into equity  then the company is required to file form mgt 14 within  30 days from the date of such agreement

Annual Compliance with respect to loan from Director to Company : 

As this loan is exempted from the deposit, the company is required to file Form DPT -3  with the amount of loan accepted from Directors of the Company under the column, Items Not considered as Deposits  

0

Main objects of Interior Decorator Company

Posted on by Fastlegal Team
Main objects of Interior Decorator Company:
To carry on in India or elsewhere the business to manufacture, develop, fabricate, finish, manipulate and to act as importer, exporter, buyer, seller, job worker, wooden beading and mouldings, wooden packing cases, and to carry on either alone or jointly with one or more persons, government, local or other bodies, the business of to undertake Architectural work, inter designers, erection and installation and to act as civil engineers, architectural engineers, interior decorators, consultants, advisors, contractors, turnkey contractors and managers, and to do all incidental acts and things necessary for the attainment of the above objects.

Book on Company Law

0

Stamp duty on Loan Agreement in Rajasthan

Posted on by Fastlegal Team

Loan Agreement is an instrument and Stamp duty is required to be paid while executing the loan agreement as per rates prescribed by the State of Rajasthan in Rajasthan ( Stamp duty on Loan Agreement in Rajasthan) . Loan Agreement is a very important document that confers rights and obligations on lender and borrower (parties to Agreement )

stamp duty on loan agreement

Stamp duty Payable on Loan Agreement in Rajasthan

Particulars Amount of stamp duty Payable
Loan Agreement0.25% of Loan
amount max. Rs. 25
lacs
Loan Agreement to Start-Up, up to rupees ten lakhRs.0 after rebate
Loan Agreement to Start-Up exceeds rupees ten lakh0.25% of Loan amount
Agreement Relating to Deposit of Title Deed/ Equitable Mortgage Deed when Loan repayable in
more than 3 months		0.25% of Loan
Amount Max 25 lakh
Agreement Relating to Deposit of Title Deed/
Equitable Mortgage Deed when Loan not more
than 3 months		0.075% of Loan
Amount Max 5 lakh
Loan to set up a Micro, Small or Medium
Enterprises as defined in the Micro, Small and
Medium Enterprises Development Act, 2006, or
enhancing credit facility or transfer of loan account
from one bank to another by Micro, Small or
Medium Enterprises, in the State
– Per document in case of loan agreement
and deposit of title deed and lease
contract Rs. 100/		Rs. 100
Loan to set up a Micro, Small or Medium
Enterprises as defined in the Micro, Small and
Medium Enterprises Development Act, 2006, or
enhancing credit facility or transfer of loan account
from one bank to another by Micro, Small or
Medium Enterprises, in the State
– Per document in case of simple
mortgage with or without transfer of
possession of property Rs. 500/-		Rs. 500
0

Stamp Duty on Power of Attorney (POA) in Rajasthan

Posted on by Fastlegal Team

In this article we will discuss the amount of Stamp duty payable on power of attorney (POA) in Rajasthan, In India stamp duty varies from state to state and every state has its own rates for payment of stamp duty.

There are different instances where Power of attorney can be executed, stamp duty payable depends accordingly

Stamp Duty

Stamp Duty on Power of Attorney (POA) in Rajasthan

Particulars (Type of Instrument) Amount of Stamp duty
When Power of Attorney is executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documentsRs. 100
When Power of Attorney is executed authorizing one person or more to act in a single transaction other than the case mentioned aboveRs. 100
When authorizing not more than five persons to act jointly and severally in more than one transaction or generallyRs. 200
Power of Attorney executed by Client in favour of
Stock Broker registered in SEBI for purchase of
securities		Rs. 200
When authorizing more than five persons but not more than ten persons to act jointly and severally in more than one transaction or generallyRs. 200
When given for consideration and
authorizing the attorney to sell any immovable property		6% of consideration
When given for consideration and authorizing the attorney to sell any immovable property
(Female SC/ST/BPL)		4% of Consideration (After Rebate)
when given for consideration and authorizing the attorney to sell any immovable property;
(Female other than SC/ST/BPL)		5% of Consideration (After Rebate)
When given for consideration and authorizing the attorney to sell any immovable property;
(Disabled 40% & above)		5% of Consideration (After Rebate)
When power of attorney is given without consideration to sell immovable property to the father, mother, brother, sister, wife, husband, son, daughter, grandson or grand daughter of the executantRs. 2000
when power of attorney is given without consideration to sell immovable property to any other person 0.5% of market value of property (After Rebate )
When given to promoter or developer by whatever name called for construction on, or
development of, or sale or transfer (in any manner whatsoever) of, any immovable property, (Sale
power not given)		1% of market value (After Rebate)
When given to promoter or developer by whatever name called for construction on, or
development of, or sale or transfer (in any manner whatsoever) of, any immovable property, (with
Sale power)		1.5% on
proportionate part
and 1% on remaining
part of market value
Authentication Power of Attorney (any other Case)Rs. 50


How to Pay Stamp duty on Power of Attorney

Stamp Duty on Power of Attorney in Rajasthan can be paid both in Online and offline Mode, In case of Offline Mode you need to visit to Registered Stamp Vendor office and Purchase the stamp Paper of applicable amount and in case of Online mode , you may purchase stamp paper through registered office of stock holding corporation and authorized stamp vendors.

0

How to check if a brand name (Trademark) is registered in India

Posted on by Fastlegal Team

In this article, we will discuss step by step procedure on how to check if a brand name (trademark) is registered in India or not, checking of brand name registration status is very important for every business entity operating in any jurisdiction whether it is in India or outside.

Make a list of proposed Brand name’s (Trademark)

The first step is to make a list of the proposed brand names, business names or product names that you wish to register or check whether it is registered or not in India, It can be done by simple brainstorming, it is very much possible that if you brainstorm the brand names or the trade names for some time you will get some great names in your mind,

now what you have to do is you need to to know whether the said name is already available or not the best thing to do now is to check the same name on the search engine like Google or Bing if anything is available in this world with the same name or not it is a much higher possibility that if the same name is available you should skip that name as soon as possible because someone else is making some efforts on that name and it is better to leave that to the person or company, this is in a general sense if you have any specific requirements you may consider that name also.

trademark

Find the exact class of the product or services

In Trademark search there are 45 classes for different category of products and services, these 45 classes are based on a different type of categories like if you say your product falls in agree culture or agro-industry it will come under class 1 as all these products related to the agriculture of our underclass 1 of trademark, you are selling pharmaceutical medicines it will come under class 5 in TM also if you have electronic products mobile accessories and other items related to the electronics it will come under class 9 of the trademarks 2534 related products also under the class 35 normal business advertisement in business services a cover.

Go to Trademark public search

You have to go to the official website of the trademark search

On the official website of the trademark search you will be getting the columns for the search and the first column you need to check whether you want to search for the exact match or it contains a search for searching the start word with the word so it depends on this search mark that you are going to do so it is advisable first to search with contains and then go with the start and exact match.

Now you need to write the brand name (trademark) in the next column

now come to Ganesh from which you need to put the class you simply put the class of your products or services discuss the home and like a if you are a searching for products relating to the readymade garments and put out class 25 simply put 25 in the next column.

Now you need to click on the search button and if you are finding some of the trade marks you need to go through and check them to see if these are relating to your mark if you find some confusion on that just simply don’t use tgis mark as it is not available to you.

If there is no mark available on the search page you need to search it again for the next process and in all that processes if you find more results it is beat her and most probably the mark is available for registration.

0

FLA Return Due Date Extended to 31st July 2020

Posted on by Fastlegal Team

As per the information available on the flair portal of RBI for submission of the foreign asset and liabilities returns for the entities holding foreign investment and liabilities is now been extended to 31st July 2020.

All entities can file a return to the RBI for Foriegn Assets and Liabilities on or before 31st July 2020

Screenshot From Flair Portal of RBI

Source FLA Portal

0

How to Register Insurance Broking Company in India

Posted on by Fastlegal Team

Insurance Broking business is gaining popularity in India due to increasing awareness about insurance and large untouched market, also many new insurance companies are now coming with different insurance products, while now Term Insurance, Health Insurance, and Vehicle Insurance is now a very important part of individual’s financial planning, Also if we consider the requirements of Insurance also in a business where Fire Insurance, Machinery, Keyman Insurance, Directors and Officers liability insurance are importantly required. Insurance Brokers play a very important role in the Insurance Industry as

An insurance broker is a professional who offers, negotiates, and sells policies. He acts as an intermediary between insurers and customers and receives compensation.

An important role of brokers is to help insurers to assess the types of risks they face. Risks include natural hazards such as bad weather, hurricanes, tornadoes, fires, and floods. At the same time, brokers act on behalf of and in the interest of customers. They do comparison shopping to find the best deals and offer policies from more than one insurance company. Brokers also help their clients to outline risk management strategies, which are suitable for their profile. There are different types of risk to look into, including natural disasters, car accidents, credit risks, cash flow problems, legal liabilities, and others

Insurance Broking

In this article we will discuss about the registration of Insurance Broking Company in India

Categories of the Insurance brokers

Following are the categories of Insurance Brokers:

  • Direct broker (life)
  • Direct broker (general)
  • Direct broker (life & general)
  • Reinsurance broker
  • Composite broker

Registration of Private Limited Company/LLP

In India, IRDA regulates the Insurance broking business in India and as per regulations of IRDA, an Insurance Broker should be registered as Private Limited Company /LLP in India

Name of Insurance Broking Company

The insurance brokers shall have the word ‘Insurance Broker’/ ‘Insurance Brokers’/‘Insurance Broking’ in the name of the Insurance Broker to reflect their line of activity and to enable the public to differentiate insurance brokers registered with the Authority from other non-registered insurance-related entities.

Minimum Capital Requirement for Insurance Broking Business

 Any applicant seeking to become an insurance broker shall have a minimum paid-up capital/contribution as mentioned below:

CategoryMinimum Capital/ Contribution (Rupees)
Direct brokerSeventy Five Lakh
Reinsurance brokerFour crore
Composite brokerFive crore

The above Capital should be only in equity and not in any other form, further, the investment in the applicant by the promoters/ shareholders/ partners shall be from their own funds and not from any other sources.

Explanation: Own funds do not include funds arranged by way of borrowings or loans.

Net-worth requirements for Insurance Broking business

The net-worth of an Insurance Broker shall at no time during the period of the certificate of registration fall below:

  • Rupees fifty lakh for a direct broker,
  • 50% of the minimum capital requirements or contribution or equivalent for reinsurance / composite broker.

Explanation: For the purposes of these regulations, “net worth” shall have the meaning assigned to it in the Companies Act 2013 and as amended from to time

 Every Insurance broker shall submit net worth certificate duly certified by an Auditor every half-year to IRDA

Deposit requirements for Insurance Borking Business in India

Every insurance broker shall before the commencement of their business, deposit and keep deposited with any scheduled bank a sum equivalent to:

  • Rupees ten lakhs for Direct broker
  • 10% of the minimum capital/ contribution specified under Regulation 19(1)for reinsurance / composite broker in fixed deposit, which shall not be released to them without the prior written permission of the Authority.
  •  The deposit shall have a lien with the Authority
  • Such deposit shall not be pledged for taking any loan or overdraft facility by the insurance broker
  • Every insurance broker shall furnish to the Authority as and when called upon to do so a non-encumbrance statement from scheduled bank in which such fixed deposit is kept
  • The interest earned on the deposit shall not be subject to lien with the Authority

Professional indemnity insurance

Need to furnished, within 12  months for newly registered brokers

Other services that can be provided by Insurance Broker 

Claim Consultancy and Risk Management can also be provided by Insurance brokers

Application Fee for Registration of Insurance Broker

Direct broker: Rs.25,000 and Rs.50,000/- after the grant of in-principle approval in case of a fresh applicant.

In the case of Renewal of Registration, the fee shall be Rs 1,00,000/- for a period of 3 years

Training Requirements

  • Fifty hours (50hrs) of theoretical and practical training from an institution recognised by the IRDA from time to time, and should have passed an examination, at the end of the period of training, conducted by the National Insurance Academy, Pune or any other examining body recognized by the Authority
  • 25 hours if the applicant is CA, CS etc and should pass the examination within 1 year

Step by Step Procedure for Registration of Insurance Broking Business

  • Register Private Limited company by including word “Insurance Broker’/ ‘Insurance Brokers’/‘Insurance Broking
  • Increase Capital to Rs. 75 Lakh
  • Obtain Training and Pass Required Examination
  • Make a Deposit of Rs. 10 Lakh
  • Apply to IRDA for Licence
  • Follow up with IRDA
  • Insurance Broking Licence
  • Professional Indemnity Insurance

Fastlegal Provide Insurance Borking Business Registration Services in India, Please call at 9782280098 or email us at [email protected]