Section 16 in Securities and Exchange Board of India (Investment Advisers) Regulations, 2013
16. Risk profiling.
- Investment adviser shall ensure that, -(a)it obtains from the client, such information as is necessary for the purpose of giving investment advice, including the following:-(i)age;(ii)investment objectives including time for which they wish to stay invested, the purposes of the investment ;(iii)income details;(iv)existing investments/ assets;(v)risk appetite/ tolerance;(vi)liability/borrowing details.(b)it has a process for assessing the risk a client is willing and able to take, including:(i)assessing a client's capacity for absorbing loss;(ii)identifying whether client is unwilling or unable to accept the risk of loss of capital;(iii)appropriately interpreting client responses to questions and not attributing inappropriate weight to certain answers.(c)where tools are used for risk profiling, it should be ensured that the tools are fit for the purpose and any limitations are identified and mitigated;(d)any questions or description in any questionnaires used to establish the risk a client is willing and able to take are fair, clear and not misleading, and should ensure that:(i)questionnaire is not vague or use double negatives or in a complex language that the client may not understand;(ii)questionnaire is not structured in a way that it contains leading questions.(e)risk profile of the client is communicated to the client after risk assessment is done;(f)information provided by clients and their risk assessment is updated periodically.
