Asset Management

“Guiding asset managers through complex legal landscapes to optimize portfolios, ensure compliance, and drive sustainable growth.”

Our

Asset Management Practice

The asset management industry in India is experiencing robust growth, driven by rising disposable incomes, increasing investor awareness, and a growing middle class seeking diversified investment opportunities. Key growth factors include the expansion of the capital markets, favorable demographic trends, and the government’s push for financial inclusion and digitization. The rise of mutual funds, exchange-traded funds (ETFs), and alternative investment funds (AIFs) has broadened investment avenues, while regulatory developments by SEBI (Securities and Exchange Board of India) have enhanced transparency and investor protection. Indicators of this growth include the steady increase in assets under management (AUM), the growing number of retail and institutional investors, and the expanding market for sustainable and impact investments, all positioning India as a vibrant and promising asset management hub.

Our firm provides comprehensive legal support to the asset management industry, offering strategic guidance to navigate the complexities of investment regulations, market dynamics, and financial transactions. With a deep understanding of the evolving financial landscape, we help asset managers optimize their operations, ensure compliance with regulatory frameworks, and mitigate legal risks. Whether managing portfolios, expanding investment opportunities, or addressing industry challenges, we deliver tailored legal solutions that support sustainable growth and long-term success in the asset management sector.

Regulatory Compliance and Advisory

Advising on compliance with the Securities and Exchange Board of India (SEBI) regulations, including the SEBI (Investment Advisers) Regulations, 2013, and SEBI (Mutual Funds) Regulations, 1996.
Ensuring compliance with the Foreign Portfolio Investors (FPI) regulations and foreign investment norms.
Navigating compliance with anti-money laundering (AML) and Know Your Customer (KYC) norms under the Prevention of Money Laundering Act (PMLA).
Legal advisory on the regulatory framework for alternative investment funds (AIFs), private equity funds, and venture capital funds.

Fund Structuring and Formation

Structuring and establishing various types of funds, including mutual funds, hedge funds, private equity funds, and venture capital funds.
Drafting and reviewing fund formation documents, including private placement memorandums (PPMs), offering memorandums, and subscription agreements.
Structuring cross-border funds and advising on jurisdictional issues, tax implications, and regulatory compliance.

Investment Advisory and Fiduciary Duties

Advising on the legal and regulatory obligations of investment advisers, portfolio managers, and fund managers.
Ensuring compliance with fiduciary duties, conflicts of interest, and ethical investment practices.
Drafting investment management agreements and advisory contracts between asset managers and investors.

Securities and Capital Markets Law

Legal support for investments in listed and unlisted securities, including equity, debt, and derivatives markets.
Advising on public offerings, rights issues, and secondary market transactions.
Regulatory compliance with the Companies Act, 2013, and SEBI’s listing and disclosure requirements.

Taxation and Transfer Pricing

Providing tax advisory services related to income tax, capital gains, and indirect tax (GST) in asset management.
Structuring tax-efficient investment vehicles for clients, including cross-border tax considerations.
Advising on transfer pricing regulations for multinational asset management firms and related-party transactions.

Dispute Resolution and Litigation

Representing asset managers in disputes related to breaches of investment agreements, fiduciary duties, and securities law violations.
Arbitration and mediation services for resolving conflicts between asset managers, investors, and regulatory bodies.
Handling regulatory investigations, enforcement actions, and proceedings initiated by SEBI or other regulatory authorities.

Private Equity and Venture Capital

Structuring investments in private equity and venture capital deals, including equity investments, debt financing, and hybrid instruments.
Drafting and negotiating term sheets, shareholder agreements, and exit strategies.
Legal support for fund management in private equity transactions, including compliance with Indian and international regulatory frameworks.

Alternative Investments and Structured Products

Advising on the legal framework for investments in alternative asset classes, such as real estate, commodities, and infrastructure.
Legal support for structured financial products and derivatives used in portfolio diversification.
Compliance with the regulations governing AIFs, Real Estate Investment Trusts (REITs), and Infrastructure Investment Trusts (InvITs).

Corporate Governance and Risk Management

Advising on governance structures for asset management firms, ensuring compliance with corporate governance standards.
Implementing risk management frameworks to comply with SEBI’s risk management guidelines for asset managers.
Legal support in board governance, shareholder disputes, and executive compensation matters.

Sustainable and Impact Investing

Legal guidance on the evolving landscape of environmental, social, and governance (ESG) investing.
Advising on the structuring and compliance of sustainable and impact investment funds.
Legal support for green bonds, social impact investments, and other ESG-related financial products.

Mergers, Acquisitions, and Restructuring

Legal due diligence for M&A transactions involving asset management firms, including regulatory approvals and compliance.
Structuring acquisitions, joint ventures, and partnerships in the asset management sector.
Restructuring investment portfolios and fund management businesses in line with market trends and regulatory requirements.

Investment Contracts and Documentation

Drafting and negotiating investment management contracts, fund offering documents, and investor agreements.
Ensuring compliance with SEBI’s disclosure norms and reporting requirements in fund documentation.
Structuring and drafting subscription agreements, performance fee structures, and management contracts.

Cross-Border Investments and International Regulations

Advising on cross-border investment strategies, regulatory compliance, and tax implications for global investments.
Structuring international investment deals and ensuring adherence to foreign regulatory frameworks, including FATCA and CRS.
Legal advice on the repatriation of funds, currency controls, and offshore investment structures.

Regulatory Investigations and Enforcement

Representation during investigations and enforcement actions by SEBI, RBI, and other regulatory bodies.
Advising on internal controls, compliance systems, and risk mitigation strategies to prevent regulatory scrutiny.
Defending clients in administrative proceedings and judicial reviews related to securities and asset management laws.

Technology and Fintech for Asset Management

Legal advisory on the use of fintech innovations, such as robo-advisory services, blockchain, and digital asset management platforms.
Ensuring compliance with the legal aspects of digital platforms, cryptocurrencies, and artificial intelligence in asset management.
Drafting contracts and agreements related to technology infrastructure and third-party service providers.

Asset Management

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