AIF Questionnaire for DSP India Enhanced Equity Fund

1. a mutual fund, venture capital fund, alternative investment fund and foreign venture capital investor registered with the Board;
2. foreign portfolio investor other than individuals, corporate bodies and family offices
3. a public financial institution;
4. a scheduled commercial bank;
5. a multilateral and bilateral development financial institution;
6. a state industrial development corporation;
7. an insurance company registered with the Insurance Regulatory and Development Authority of India;
8. a provident fund with minimum corpus of twenty five crore rupees;
9. a pension fund with minimum corpus of twenty five crore rupees;
10. National Investment Fund set up by resolution no. F. No. 2/3/2005-DDII dated November 23, 2005 of the Government of India published in the Gazette of India;
11. insurance funds set up and managed by army, navy or air force of the Union of India; and
12. insurance funds set up and managed by the Department of Posts, India; and
13. systemically important non-banking financial companies.

a financial institution, insurance company, bank, state financial corporation, state industrial development corporation, trustee or asset reconstruction company which has been granted a certificate of registration under sub-section (4) of section 3 or any asset management company making investment on behalf of mutual fund or a foreign institutional investor registered under the Securities and Exchange Board of India Act, 1992 or regulations made thereunder, any category of non-institutional investors as may be specified by the Reserve Bank under sub-section (1) of section 7 or any other body corporate as may be specified by the Board.

1. Where the client is a company, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means.

   Explanation— For the purpose of this sub-clause—

   1. “Controlling ownership interest” means ownership of or entitlement to more than ten per cent of shares or capital or profits of the company;
   2. “Control” shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements;
2. Where the client is a partnership firm, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of/entitlement to more than ten percent of capital or profits of the partnership or who exercises control through other means

   Explanation - For the purpose of this clause, “Control” shall include the right to control the management or policy decision;

3. Where the client is an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals;
4. Where no natural person is identified under (a) or (b) or (c) above, the beneficial owner is the relevant natural person who holds the position of senior managing official;
5. Where the client is a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with 33[ten] percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership; and
6. Where the client or the owner of the controlling interest is 26[an entity listed on a stock exchange in India, or it is an entity resident in jurisdictions notified by the Central Government and listed on stock exchanges in such jurisdictions notified by the Central Government, or it is a subsidiary of such listed entities], it is not necessary to identify and verify the identity of any shareholder or beneficial owner of such entities.

1. Related party as per LODR Regulations -

   “related party” means a related party as defined under sub-section (76) of section 2 of the Companies Act, 2013 or under the applicable accounting standards:

   Provided that:

   1. any person or entity forming a part of the promoter or promoter group of the listed entity; or
   2. any person or any entity, holding equity shares:
      1. of twenty per cent or more; or
      2. of ten per cent or more, with effect from April 1, 2023;
         in the listed entity either directly or on a beneficial interest basis as provided under section 89 of the Companies Act, 2013, at any time, during the immediate preceding financial year;
         shall be deemed to be a related party.
         Provided further that this definition shall not be applicable for the units issued by mutual funds which are listed on a recognised stock exchange(s);
2. Related party as per sub-section (76) of section 2 of the Companies Act, 2013-
   “related party”, with reference to a company, means—
   1. a director or his relative;
   2. a key managerial personnel or his relative;
   3. a firm, in which a director, manager or his relative is a partner;
   4. a private company in which a director or manager 1[or his relative] is a member or director;
   5. a public company in which a director or manager is a director 2[and holds] along with his relatives, more than two per cent. of its paid-up share capital;
   6. any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager;
   7. any person on whose advice, directions or instructions a director or manager is accustomed to act:
      Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity;
   8. any body corporate which is—
      1. a holding, subsidiary or an associate company of such company;
      2. a subsidiary of a holding company to which it is also a subsidiary; or
      3. an investing company or the venturer of the company.

         Explanation. - For the purpose of this clause, “the investing company or the venturer of a company” means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate];

   9. such other person as may be prescribed.

      For the purposes of sub-clause (ix) of clause (76) of section 2 of the Act, a director other than an independent director or key managerial personnel of the holding company or his relative with reference to a company, shall be deemed to be a related party.

3. Relatives as per LODR Regulations

   “relative” means relative as defined under sub-section (77) of section 2 of the Companies Act, 2013 and rules prescribed there under:

   Provided this definition shall not be applicable for the units issued by mutual fund which are listed on a recognised stock exchange(s).

4. Relatives as per sub-section (77) of section 2 of the Companies Act, 2013 -

   “relative”, with reference to any person, means anyone who is related to another, if—

   1. they are members of a Hindu Undivided Family;
   2. they are husband and wife; or
   3. one person is related to the other in such manner as may be prescribed.

   List of Relatives in Terms of Clause (77) of section 2

   A person shall be deemed to be the relative of another, if he or she is related to another in the following manner, namely:-

   1. Father: Provided that the term “Father” includes step-father.
   2. Mother: Provided that the term “Mother” includes the step-mother.
   3. on: Provided that the term “Son” includes the step-son.
   4. Son's wife.
   5. Daughter.
   6. Daughter's husband.
   7. Brother: Provided that the term “Brother” includes the step-brother;
   8. Sister: Provided that the term “Sister” includes the step-sister.