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Sebi seeks public comments on REIT, InvIT amendments

These amendments will provide clarity on the nomination rights of directors to the boards of REIT (Real Estate Investment Trusts) and InvIT (Infrastructure Investment Trusts) managers

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Sebi seeks public comments on REIT, InvIT amendments
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10 July 2024 5:54 AM GMT

New Delhi: Capital markets regulator Sebi on Tuesday said it has sought public views on the proposed amendments to the master circulars for REITs and InvITs.In a consultation paper, Sebi said these amendments will provide clarity on the nomination rights of directors to the boards of REIT (Real Estate Investment Trusts) and InvIT (Infrastructure Investment Trusts) managers. In the proposed amendments, the markets watchdog has addressed market participants’ requests for clarification on the rights of unitholders to nominate a director to the board of the investment manager or manager of REITs and InvITs.

The changes propose that the restriction on nominating a unitholder nominee director will not apply if the right to appoint a nominee director is available as per the Sebi (Debenture Trustees) regulations. Under the current norms, a unitholder holding a significant portion of units in an InvIT or REIT has the right to nominate a director, provided their unitholding exceeds a specified threshold.

“It has been represented by market participants to provide clarity on the availability of the right to nominate a director on the Board of Directors of the Investment Manager of InvIT / Manager of REIT, to a unitholder where such nomination right is also available to a unitholder in the capacity of lender to the Investment Manager / Manager or the InvIT/REIT (or its HoldCo(s) or SPVs),” Sebi said.

Sebi REITs InvITs consultation paper nomination rights investment managers market participants Debenture Trustees regulations significant unitholding lender rights 
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