Section 6 in Securities and Exchange Board of India (Investment Advisers) Regulations, 2013
6. Consideration of application and eligibility criteria.
- For the purpose of the grant of certificate the Board shall take into account all matters which are relevant to the grant of certificate of registration and in particular the following, namely, -(a)whether the applicant is an individual or [a non-individual] [Substituted 'a body corporate or a firm' by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).];(b)[ in case the applicant is an individual, he and all persons associated with investment advice are appropriately qualified and certified as specified in regulation 7;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).](c)[ in case the applicant is a body corporate, the principal officer and all persons associated with investment advice of the applicant are appropriately qualified and certified as specified in regulation 7;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).](d)[ in case the applicant is a firm or a limited liability partnership, the principal officer and all persons associated with investment advice of the applicant are appropriately qualified and certified as specified in regulation 7;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).](e)whether the applicant fulfills the [networth] [Substituted 'capital adequacy' by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).] requirements as specified in regulation 8;(f)[ whether the applicant, its partners, principal officer and persons associated with investment advice, if any, are fit and proper persons based on the criteria as specified in Schedule II of the Securities and Exchange Board of India (Intermediaries) Regulations, 2008;] [Substituted by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).](g)whether the applicant has the necessary infrastructure to effectively discharge the activities of an investment adviser;(h)whether the applicant or any person directly or indirectly connected with the applicant has in the past been refused certificate by the Board and if so, the grounds for such refusal;(i)whether any disciplinary action has been taken by the Board or any other regulatory authority against any person directly or indirectly connected to the applicant under the respective Act, rules or regulations made thereunder;(j)In case a bank or an NBFC proposes to undertake investment advisory services, whether it has been permitted by Reserve Bank of India and the application is made through a subsidiary or separately identifiable department or division;(k)In case any [non-individual] [Substituted 'body corporate' by Notification No. SEBI/LAD-NRO/GN/2020/22, dated 3.7.2020 (w.e.f. 21.1.2013).], other than a Bank or NBFC, which proposes to undertake investment advisory services, whether, the application is made through a separately identifiable department or division;(l)In case an entity incorporated outside India undertakes to provide investment advisory services under these regulations, whether, it has set up a subsidiary in India and whether such subsidiary has made the application for registration;(m)In case a foreign citizen proposes to undertake investment advisory services, whether the applicant has set up an office in India and proposes to undertake investment advisory services through such office.(n)[ Whether the applicant is a member of a recognized body or body corporate as specified under regulation 14: [Inserted by Notification No. SEBI/LAD-NRO/GN/2021/04, dated 11.01.2021 (w.e.f. 21.1.2013).]Provided that the existing investment advisers shall comply with the requirement under this clause in such manner as may be specified by the Board.]
