The Alternative Investment Fund Regulations

What is an Alternative Investment Fund (AIF)

AIF is an Alternative Investment Fund Regulations 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. AIF may be in the form of a trust or a company or a limited liability partnership or a body corporate.

Why AIF

AIF Regulations endeavor to extend the perimeter of regulation to unregulated funds with a view to ensuring systemic stability, increasing market efficiency, encouraging the formation of new capital and consumer protection.

Who are not covered

Currently, the AIF Regulations do not apply to mutual funds, collective investment schemes, family trusts, ESOP and other employee welfare trusts, holding companies, special purpose vehicles, funds managed by securitisation or reconstruction companies and any such pool of funds which is directly regulated by any other regulator in India.

Categories of AIFs

An AIF needs to seek registration broadly under one of the 3 categories –

Category I AIF: The following are covered under Category I

1. Funds investing in start-up or early stage ventures or social ventures or SMEs or infrastructure

2. Other sectors or areas which the government or regulators consider as socially or economically desirable including the Venture Capital Funds

3. AIFs with positive spillover effects on the economy, for which certain incentives or concessions might be considered by SEBI or Government of India or other regulators in India

Category II AIF: The following are covered under Category II

1. AIFs for which no specific incentives or concessions are given by the government or any other Regulator

2. Which shall not undertake leverage other than to meet day-to-day operational requirements as permitted in these Regulations

3. Which shall include Private Equity Funds, Debt Funds, Fund of Funds and such other funds that are not classified as category I or III

Category III AIF: The following get covered under Category III

1. The AIFs including hedge funds which trade with a view to making short term returns;

2. Which employ diverse or complex trading strategies

3. Which may employ leverage including through investment in listed or unlisted derivatives

Applicability of AIF Regulations to Real Estate Funds

After knowing what an AIF is and its broad categories, we analyse whether AIF Regulations are applicable to the Real Estate Funds

Firstly AIF has to seek registration under AIF Regulations under one of the three categories stated above. Therefore if a Fund does not fall under any of the three categories stated above, then it will not seek the registration with SEBI.

If we look at the Category 1, registration is required by funds which invest in start-up or early stage ventures or social ventures or SMEs or infrastructure

If we look at the definition of infrastructure, Explanation to Regulation 2 (m) states that Infrastructure shall be as defined by the Government of India from time to time.

And in the normal parlance, the term typically refers to the technical structures that support a society, such as roads, water supply, sewers, electrical grids,

telecommunications, and so forth, and can be defined as “the physical components of interrelated systems providing commodities and services essential to enable, sustain, or enhance societal living conditions.

Therefore infrastructure does not include the real estate or construction activity since this activity deals in investing in land, developing the land by way of construction of flats, townships and other residential and commercial projects.

But if the real estate fund carries on certain projects for a social purpose like purchasing land for charity etc.; then the fund may be covered under social venture funds.

The clause further states that ‘or other sectors or areas which the government or regulators consider as socially or economically desirable and such other Alternative Investment Funds as may be specified;’

The AIF Regulations have been notified just a few days back and till date, no other AIF funds have been specified in the Category 1 by the Government. Further what the government or regulators consider as socially and economically viable is a very broad concept. However, till the Government specifically comes out with specific inclusions under Category 1; a Real Estate Fund will not be covered under Category 1 and therefore would not require Registration.

Further, the clause also states that – 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 will bee included

By adding these lines to the Category 1, SEBI has made the category 1 very vague and open to dispute and litigations since what SEBI intends with positive spillover effects on the economy is not defined or clarified. Different people or organizations may have a different opinion on this which would lead to unnecessary litigations and hardships to business owners. However, till any clarity comes on this, the business owners need to take a cautious approach to the decision of seeking Registration under AIF Regulations.

Category II AIF

Now we examine whether a Real Estate Fund falls under the Category II AIF

If we look at the funds covered by Category II above, they

1. Shall not fall in Category I and III

2. Shall not undertake leverage or borrowing other than to meet day-to- day operational requirements and as permitted by these regulations;

3. Shall be funded such as private equity funds or debt funds for which no specific incentives or concessions are given by the government or any other Regulator

For Real Estate Fund under Category I, we notice that at present it does not fall under Category I and it also does not fall under Category III since these are basically hedge funds. Further, no specific incentives or concessions are given by the Government to the Real Estate Sector. Therefore if we look at the applicability of Real Estate Fund under Category II, these funds may fall under the Category II AIFs if they do not take leverage or borrowing except for short-term requirements.

Impact of AIF on the Real Estate Funds

Under these Regulations, the minimum investment amount has to be Rs 1 crore from each investor. Therefore attracting the funds from the investors would become tough for the real estate funds, who used to raise amounts as less as INR 1 million from the investors. Now they would need to find high-value investors though this is not the only challenge that lies ahead for those raising domestic corpuses. They now also have to invest 2.5% of the corpus or Rs 5 crore, whichever is lower, to ensure that the managing company’s risk is aligned with that of the investor. Moreover, a single investment in a company or a project cannot exceed 25% of the entire corpus.

Further a Real Estate Fund registered in the form of an LLP also would be covered under the AIF Regulations. In an LLP Structure, since the investors are also partners, the risk to the rights of the investors being misused is very minimum. Therefore applying the AIF Regulations to the LLP Structure would reduce the flexibility available to such a Structure.

Conclusion

If we look at the AIF Regulations from a short term perspective, in light of the difficult fund raising environment today, the higher ticket size for investors could potentially throw up some challenges and could in a manner constrict the growth of the asset class, but clearly, in the long run, these regulations appear to have an element of maturity to play a pivotal role in the development and shaping up of the future of alternate asset class in India. It is also clear that alternative investments are more sophisticated and risky as compared to investments in equity and debt and till market matures it is advisable that only HNIs and well informed investors make an investment in this asset class and once the market matures it is made open to all. In the long run, we may see more investments in the Alternative asset class (in terms of quantum and maturity) due to the increased investor confidence in these funds.

How To Develop A Business Strategy For Your Home Business

It has been found that tested theories and frameworks still form the foundation when developing a strategy for your business. To develop the right strategy for your business you need to do the following things:

Identify a product or service to sell

This is the first step in developing your business strategy. You need to remember that there are thousands of products and services that you can sell; however, for you to compete effectively with other businesses, you should ensure that your product is unique and better than other products in the market.

You need to think for you to come up with a good choice. To be successful in your efforts, you should go for products that you like and you enjoy selling. It’s recommended that you choose a product that you are able to visualize yourself selling it.

Experts recommend that you should be able to see yourself selling the product or service for the next five or 10 years.

For you to settle on the product or service, you should ensure that there is real demand for the product or service at the price that you are interested in charging.

You should also ensure that the demand is high enough for you to make a profit. The demand should be concentrated such that you are able to advertise, sell, and deliver the product at a reasonable expense.

Identify your customers

There is no way your business will be successful if it does not have customers; therefore, you should ensure that you identify the customers who will buy your product or service.

The right customers should have the ability of buying the product at the price that you will be selling at. This means that you should be able to tell whether you will be targeting the poor, middle class, or the rich.

You also need to ensure that the product is valuable to the customer. Here you need to put yourself in the customer’s shoes and see whether the product will be of value to you.

Identify how the product will be sold

Once you have identified the right product and the right customers, you should determine how you will sell the product.

You can decide to sell the product by yourself or you can hire other people to do it for you. You also need to determine how you will promote your product or service. Here you can promote using word of mouth, or other ways such as TV, radio, or social media.

What to Remember When Choosing Office Chairs

Posture is very important because it allows our spine to be aligned properly. When there is a problem with our posture a lot of things can happen. Poor posture may cause misalignment of the spinal cord which in turn can lead to several problems like osteoporosis, headache, stiff neck, back pains, and it can even lower down confidence. This is why it is important to carefully practice good posture and use tools that will allow you to have continuous good posture. For instance, choice of seat is important to ensure you maintain good posture practice.

If you work in an office, you’ll most probably be seated the whole day except for the occasional bathroom break or during your lunch break. If this is the case, you need to ensure you have a good seat so you are seated comfortably all throughout the day. An orthopaedic office chair will definitely help your back during the long hours in the office as it is specially designed to meet your postural needs. This chair has the right measurement to ensure you are not just maintaining the right posture but you are comfortable at work as well.

Good orthopaedic office chairs are usually 16 to 21 inches from the floor. Making sure of this height is essential because this allows your feet to be planted firmly flat on the floor. There should be 2 to 4 inches space between your knees and the back of your chair when you sit down. This allows free movement and comfort. It is essential to always be comfortable while sitting down the whole day so you will not experience any body pains and you can complete your tasks without discomfort.

The most important thing to ensure when choosing and orthopaedic chair is its lumbar support quality. This will allow not only comfort but ensure you lumbar area will not be stressed since it will be supporting your upper body weight the whole day while you are seated. Adding support and comfort to lumbar area will prevent any postural problems and discomfort. Strain on your spinal cord may also cause slipped disk or dislocation which can be very painful and will cause greater problems when it impedes veins in the spinal column. It helps if there is good cushion on the chair for maximum comfort. Foams too soft are not ideal. Having a firm padding made up of breathable cloth can be comfortable at the same time while ensuring good postural alignment.

Checklist When Buying Industrial Premises for Business Use

Industrial premises are very important because it has various uses. It can be used for storage, manufacturing and for the workplace. It is important that when buying a commercial property to use it for business, it is thoroughly checked. A background check prevents problems in safety and damages. Buying an industrial property may have underlying risks which are often undetected until you’ve purchased the property. Do a thorough check before going through with any sale.

When buying a property the first thing to check is the safety of the environment. Regardless if it is used for storage, manufacturing or office, it must have a building permit. Having a permit means it has passed the standards of safety especially on seismic requirements. These structures are usually large therefore it is heavy. It needs a lot of safety measures installed so that in case of emergency, the safety of employees as well as manufactured products is maintained.

From checking the safety of the place, the accessibility is also very important. When using the place for manufacturing, there should be enough space inside for tractors to move about in transporting materials. This is one way of making operations smooth and ensuring fast delivery time. Having a good road for travel is also important especially if the place is to be used for an office, outlet or manufacturing.

Checking for damages and things to repair is a must. This must clearly be reported by the agent or space owner before the contract of sale is signed. Buyers need to know such to ensure repairs are made before the place is used. Any damages can be unsafe for people working inside and it may potentially disrupt operation.

The space of the place must be enough depending on how it will be used. For instance, if it is a storage place it means there will be transportation of items done. The place therefore should give space for delivery trucks. If the place is to be used for an, office it should allow free movement of employees inside. Otherwise this can be very uncomfortable for people inside and problems and complaints may arise later on.

Be sure to also check that facilities such as lighting and water supply are complete. These are very basic amenities needed in a commercial space. Otherwise if there are problems in access to water and electricity no businessman would ever buy such property.

Big-League Customer Advises Bush-League Vendor

Sudden growth is rarely a smooth ride, especially for a boot-strapped venture. Well past their fifth year in business, one small custom manufacturer serendipitous developed a product that met a real need in a niche market populated by industry giants. The vendor’s new customers were used to buying from large, well-managed firms. As a custom manufacturer, this company had the freedom to focus on one customer per product. It wasn’t yet clear to them that they had entered into a phase of development where the signs of professional management would be taken for granted by customers. In this case study, a frustrated customer advises the vendor to learn how to manage their resources to simultaneously (and seamlessly) complete commitments made to past customers and start projects for new customers.

This is one in a series of case studies highlighting “Key Questions and Course-correcting Quotes” taken from 20 years of B2B customer insight projects. All names are fictitious, but the situations are real. Case studies paint a picture of how important it is to learn what your B2B customers think–but aren’t saying. These are real-world examples of how soliciting and acting on customer feedback has helped companies hold onto customers longer, grow relationships bigger and pick up new business faster.

Case study: Your Bootstraps Are Showing

Key Question (asked of a VP–the vendor’s chief contact in a 6-figure relationship):

VP: “This vendor’s president was badly criticized by customers who attended last year’s trade show. He changed how his company prioritizes customer issues. Do they now seem to be on the right track, or are they overlooking a blind spot that’s obvious to you?”

Course-correcting Quote:

“Their president has to get his organizational structure in place and build a senior management team. He has a bandwidth problem. On the one hand, he hasn’t delivered on all his outstanding obligations to his existing customers. On the other, he needs to make enough sales to keep his company afloat. They need to learn not to make contractual commitments for products that take resources away from their existing obligations. Reality for a small company like that is, you have to make the big sale. It takes a lot of discipline to not over-commit. They need to get a better handle on their existing staff’s capacity.”

My Client’s Quandary:

This $7 million vendor had a product that Fortune 50 companies were interested in, but the company was having growing pains. Their founder knew how to design and develop new products, but he didn’t have a lot of management training or experience. His senior managers were two of his buddies with the same technical background and lack of management experience. His company was at risk of being marginalized by a stronger competitor as soon as someone else developed a decent competing product.

More immediately, the president would be facing his customers at an upcoming trade show. He had been badly pilloried a year earlier. Before risking that again, he wanted a customer relationship consultant to conduct deep-dive interviews with his customers and expose the themes and patterns that would clarify which decisions he needed to make.

Conclusion:

Several of his customers gave similar feedback. My recommendation: Acquire experienced outside talent to manage operational and customer-facing functions. He hired the experienced talent he needed, held onto his customers, attracted funding, grew the company to serve additional niche markets, and eventually found a strategic buyer. Honest feedback from his customers helped him find his way and achieve his vision.

I categorize projects as assessments, investigations, treasure hunts or rescue missions. This project was an investigation. The client’s question was “Why are our customers still angry with us?”

Some Information About Hair Extensions

Every woman desires for love and beauty. If possible, most of the women want to try different new looks so that they can be different all the time. How to achieve that easily? The answer is to purchase hair extensions. Most high quality hair extensions are quite expensive, so choosing an affordable extension is important to someone who wants to be fashionable but does not have enough money.

If you want to get your desired look, and also want to protect your hair, you can go with human hair extensions. These extensions can help your hair grow out and keep it shiny and smooth. Since human hair is not cheap, so it is important for you to take care of the extensions made of human hair. Unlike your natural hair, the extensions can not get nutrition and natural supply of moisturizer, so they will look dull and dirty if not being well-maintained. Girls all know that if they take care of the extensions, they can get their desired styles all the time.

How can you give adequate moisture to your brittle, dry and frizzy hair through an easy way? Here are some tips:

1. Do not pull off them when they are tangled. If the hair is really tangled, you can put leave-in conditioner on it and slowly entangle those locks with fingers or by using a wide tooth brush.

2. Apply alcohol free shampoo. Use a good quality, gentle shampoo that is suited for your hair type to protect the hair from getting dry, avoid the harsh styling products. When removing the dirt and build-up from the extensions, do use high quality shampoo.

3. Apply good quality conditioner after shampooing your hair. Make sure to apply a large amount of conditioner to the hair after washing it with the gentle shampoo. The conditioner can make the hair look soft and shiny.

Do apply conditioner about twice a week to keep the hair in good condition.

What benefits can you get from wearing hair extensions?

1. You can get thick and long hair instantly with using hair extensions. If you have thin, fine or limp hair, you can use extensions to add volume as well as length to your hair.

2. If you require a confidence-boosting look for a special occasion, then you can just weave the extensions into spectacular braids and enjoy yourself.

3. You can add highlights or desired colors very easily to the extensions ranging from mild to hot to get an extraordinary look.

To make the most of your extensions, you can get some advice from a local specialist. Make sure you ask how they will minimize the damage to your own hair when the extensions are removed.

Catering To A Wide Range Of Industries

The company that is engaged in the manufacture of precision turned parts produce the parts with diameters in the range 2mm – 35mm. The parts are made out of different materials such as stainless steel, mild steel, aluminium, brass, bronze and plastic. These companies ensure the best quality products and they offer to supply custom parts against orders placed by the customers. They follow strict procedural norms at all stages of the production to inspect the quality of the product. They manufacture automotive components, components for house appliances, fittings, connectors, etc. They make use of the latest technology to ensure the supply of high quality products on time at reasonable prices. They would have employed highly qualified and experienced engineers and skilled craftsmen who are committed to cater to the needs of each and every customer. The production team has the expertise to develop the final product right from the basic concept. In order to make quality products in the most cost-effective way, the company works with their customers also.

The customer service team of the company that manufactures precision turned parts coordinates with every individual customer to know their requirements and assures to meet their requirements in the most cost-effective ways. The management of the company is committed to provide 100% safety and the best working conditions to all the employees. They provide the most advanced manufacturing facilities. They follow a healthy procedure for the manufacture which is smoke-free as well as non-hazardous. Some of them are committed to implement and adhere to ‘Green’ practices. Materials like oil, metal parts and minerals are recycled. The company entrusts various other processes related to their production such as plating, grinding and heat treatment with sub-contractors who assure quality and the best customer service. They have a very efficient system to monitor the shipping of finished goods and also they closely monitor the inventory levels.

The aluminium components manufactured by the company are used for numerous applications owing to its strength, light weight and elasticity. The aluminium components are also known for their conductivity and resistance to corrosion. The components made from various grades of brass and copper are used in various applications including plumbing and sub sea operations. The stainless steel parts are used by various industries like Oil and Gas, Petrochemicals, medical and surgical instruments and brewing. The plastic components manufactured by these companies are used for many industrial applications. The various types of industries that are served by these companies include Oil, Chemicals, Energy, Locomotives, Automotive, Electronics, environmental engineering, Marine, Food and Beverage, Defense, Medical devices, Scientific research equipment, pumps, valves and many others.

Things To Know About The Decision Making Process

Meetings are a crucial part of any business to make sure that all business operations are running smoothly. The decision-making process matters most when it comes to discussing issues that surrounds your venture. It is true that groups are oftentimes being dominated by an individual in order to agree on a certain course of action. By using a structured process of discussing issues, meetings can become more efficient and the group’s performance can be enhanced.

Some Basic Processes That A Chairperson Or Members Can Facilitate

Brainstorming – This process will generate a lot of spontaneous and diverse ideas within a short time frame. Some of the rules that you must adhere to when using this process will include no criticism on any point, everyone must participate, and the ideas must be recorded until they are exhausted. All the ideas are recorded on a board so that everyone can see it. After the brainstorming, the list will be screened and points would be clarified. All the members will then choose their 5 priority items and decide on a course of action.

Prioritizing Technique – Every participant will think of ideas or perhaps solutions that are written on a chart or board. It is from these ideas that the group will develop different options or solutions. In order to arrive at the option which the majority supports, participants may be asked to rank the options by using a scale of 1-5, where 5 points represents their 1st choice, 4 the 2nd, and so on. The desired option is the one which accumulates the highest total score. Apart from giving points or ranking the options, another way of determining which option does the majority supports is by giving every individual 5 sticky dots and have them place the dots beside the option they want. They can actually select 5 individual options or perhaps place multiple dots on the option they really prefer. The course of action will be determined by the option having the greatest number of dots.

SWOT Analysis – This process will determine the Strengths, Weakness, Opportunities, and Threats of a certain situation. This analysis will greatly help the group in determining the right direction.

Force Field Analysis – This process is a great way of graphically showing the forces which drive for changes or perhaps forces that restrain changes in relation to a certain situation.

These are the different decision-making processes that businesses use in order to come up with the best option when dealing with a certain issue. Apart from knowing these processes, another important thing to consider in order to ensure a successful meeting is to set-up a work-efficient meeting or virtual room.

How Is Your Worksite Wellness Program Addressing The Biopsychosocial Nature Of Health? (Are You?)

Health is a complex concept. And you do want to understand how to best address it, correct?

I have previously written that health and wellness are two clearly different concepts. As a result, I see the work-site wellness programs of today as not really being wellness programs at all, but really being employee health status management programs. If you accept this premise, this means that as a work site wellness professional you should have a clear understanding about the nature of health. Do you think you do?

Health, like wellness, can have many different definitions. Again, like wellness, there appears to be agreement around the idea that health is a complex concept which has several different determinants. The determinants of health can be classified into several broad categories: policy making, social factors, health services, individual behavior and biology and genetics. Health is often referred to as being a complex bio psycho-social concept.

Breaking the term bio psycho-social down into its component parts suggests the term consists of three major components: biological, psychological and social. So how do these component parts each contribute to an individual’s health?

Biological – The biological and genetic or physical (physiological) determinants of health, as well as individual behaviors, are generally the focus of most work site wellness programs today. Programming often takes the form of health risk identification and measurement (commonly called risk reduction) and disease or condition management strategies. These speak to the biology and genetics of health.

Two common measurement tools used in work site wellness programs today are health risk assessments and bio-metric screenings which are designed to measure and categorize health risks and basic biological body measures respectively. The basic biological measures serve as markers for an individual’s health status. Ideally, these measures should be within what has been determined to be a normal clinical range.

Psychological – It is now generally accepted that our brain and our body in separable. There is an undeniable connection between the mind and the body. While the exact mechanism may not yet be clearly understood, there is agreement cognition, thoughts, attitude and feelings influence our health. Our thoughts and feelings do have a physical impact on our body. They influence our nervous system, our immune system, our hormone system and subsequently our health.

Disease states are strongly influenced both in onset and duration by the way we think and behave. Our emotional responses result in hormone releases which in turn affect our health. It is clear that how a person feels, or their psychological states including a sense of energy, vigor, durability, hardiness, resilience, optimism, high life satisfaction and positive emotions all reflect the psychological connection to physical health, thereby representing the psychological component in bio psycho-social.

Social – The person – environment fit is reflective of the social component in bio psycho-social. The social determinants of health typically refer to the social environment and the physical environment, which are not controllable by the individual, but affect the individual’s environment and health.

Social determinants are complex, integrated, and overlapping social structures and economic systems linked to a lack of opportunity and to a lack of resources to protect, improve, and maintain health. Environmental factors, such as housing conditions, living conditions, social networks, and social support are also key drivers.

Examples of social determinants include:

• Availability of resources to meet daily needs, such as educational and job opportunities, living wages, or healthy food

• Social norms and attitudes

• Exposure to crime, violence, and social disorder

• Socioeconomic conditions, such as poverty

• Social support and social interactions

Social support, social interactions and friendships have been determined by researchers to provide many benefits. They influence many major aspects of our life. They also provide many beneficial life enhancing roles. Social support is critical. In fact, a lack of friends can be deadly.

We lean on social support, social interactions and friendships for:

• Intellectual stimulation

• Emotional support

• Fun activities

• Support for making behavior changes

The skills necessary for making good social support, interactions and friendship are also the skills necessary for success in life. Social support, social interactions and friendships are also great wellness tools for the work-site wellness professional to tap into.

How is your work-site wellness program addressing each component of the bio psycho-social nature of health?

How to Reply to a Freelance Writing Gig Ad

If you search online every day, you will find hundreds of ads seeking a freelance writer. Along with these hundreds of ads, come many people wanting the gig. There could be hundreds of applicants that want to work the gig, but the person looking only needs one person. This is why it’s important to stand out when you reply to an ad.

When you reply to an ad, make sure you give the person exactly what he is looking for. If the ad says it wants your resume, samples, and a cover letter, make sure you send all three of them. If you don’t follow the directions, you have a pretty good chance of not getting the gig.

When sending your resume, make sure most people won’t have trouble opening it. Send it as a Word document or in text form. You don’t need it to be fancy. You need it to give information about your knowledge and skills.

The samples you provide should be some of your best work. It should also be relevant to the topic you’ll be writing on for the gig. People want to know how well you can write for them, and the only way to show them that is to give them a sample of that writing.

The cover letter is probably the hardest part. You should never copy and paste your cover letter. It should always be unique to the gig you’re applying to. You should start with something intriguing about yourself. You can then go into the reasons you are perfect for this gig. Don’t make it too long because people won’t read it all. You need to state what’s important and end it with a polite conclusion, which is usually information about how you can be contacted.

Always Be Professional

Don’t take shortcuts because the only person you’ll be hurting is yourself. The first impression you give people looking for a freelance writer is through an email. It could be your only shot at getting the gig, so put your best forward first.

When you receive a reply, don’t get lazy. Respond with the same professionalism as you did with the first email. People can turn you away at any time, so don’t risk it by not responding to their emails with the information they need to make a final decision.

Now that you have this information, go out there and start to apply to freelance writing gigs. Before you know it, you’ll have plenty of work coming in to bring in a decent income.