NISM Professor

Category III AIF

Also written Cat III AIF · Category III Alternative Investment Fund · Category 3 AIF

The AIF category for funds running diverse or complex trading strategies with leverage — hedge funds and their kin — and the only category denied tax pass-through status.

In plain language

The three-category AIF framework sorts funds by what the government wants to encourage. Categories I and II get concessions or at least neutrality. Category III gets neither, and its definition says so almost in as many words: funds employing diverse or complex trading strategies, which may undertake leverage including through listed or unlisted derivatives, and for which no specific incentives or concessions are given by the Government or any other Regulator.

In practice that means hedge funds, long-short equity funds, arbitrage funds and open-ended strategies trading listed securities for short-term returns. This page is about what is specific to Category III. The framework itself — the three categories, registration, the general corpus and ticket rules — lives on the Alternative Investment Fund page.

How it works

Four things mark Category III out from its siblings:

1. Leverage is permitted, and capped. A Category III AIF may borrow or take derivative exposure to invest in the securities market, but SEBI caps total leverage at 2 times NAV:

Leverage = (Long positions + Short positions, after permitted offsetting) ÷ NAV  ≤ 2

NAV here is the value of all securities adjusted for mark-to-market gains and losses, including cash and cash equivalents, and excluding borrowed funds. The ratio is computed at scheme level, not fund level.

2. It can be open-ended. Categories I and II must be close-ended. A Category III scheme may be either, so redemptions at a stated frequency are possible.

3. No tax pass-through. Section 115UB of the Income Tax Act defines "Investment Fund" so as to exclude Category III. The consequence runs through the whole of Chapter 9 — see Maximum Marginal Rate.

4. Higher regulatory friction on leverage reporting. Schemes that undertake leverage report to SEBI on a stricter cycle than those that do not.

A worked example

A manager launches Scheme I of a Category III AIF as an irrevocable, determinate trust.

ItemAmount
Capital commitments raisedRs 80 crore
Minimum ticket per investorRs 1 crore
Minimum ticket, employees/directors of the AIF or ManagerRs 25 lakh
Scheme corpus (minimum required)Rs 20 crore
Investors62 (cap: 1,000)

Sponsor/manager continuing interest must be 5% of corpus or Rs 10 crore, whichever is lower:

5% × Rs 80 crore = Rs 4 crore
Rs 10 crore
Lower of the two  →  Rs 4 crore, invested in cash, locked in

That commitment cannot be met by waiving management fees. It is cash, at risk alongside the investors, until distributions are complete.

Now the leverage cap. NAV at 31 March is Rs 76 crore. Total exposure — long plus short, after permitted offsetting — may not exceed:

2 × Rs 76 crore = Rs 152 crore

The manager runs Rs 110 crore long and Rs 38 crore short. Total exposure Rs 148 crore, leverage 1.95×. Compliant, but with Rs 4 crore of headroom — and because NAV moves daily, a 3% fall in NAV alone pushes the ratio through 2.0 without a single new trade.

Registration cost the fund a non-refundable application fee of Rs 1 lakh for the scheme and registration fees of Rs 15 lakh.

Why NISM asks about it

This is the subject of the entire paper, so the examinable detail is the numbers that distinguish Category III from everything else. Chapter 3 carries the comparison tables against PMS and mutual funds — minimum ticket, minimum corpus, investor cap, sponsor commitment. Chapter 5 (Regulatory Framework) carries registration and the prudential norms, and the leverage cap is asked directly: "The leverage taken by a Category III AIF shall not exceed 2 times of ______" — the answer is NAV, not corpus and not AUM. Chapter 9 carries the tax consequence of being outside Section 115UB.

Common exam traps

  • The leverage cap is 2× NAV, not 2× corpus or 2× committed capital. And NAV for this purpose excludes borrowed funds, so borrowing does not enlarge the denominator that permits the borrowing.
  • Leverage is computed scheme-wise, not across the fund.
  • Rs 1 crore is the investor minimum; Rs 25 lakh applies only to employees and directors of the AIF or its Manager. Accredited investors are outside the Rs 1 crore floor altogether.
  • Rs 20 crore is the minimum corpus per scheme, and corpus means total capital commitments — not the money drawn down.
  • Category III is the only category that may be open-ended, and the only one denied pass-through. Both facts are examined as True/False.
  • Sponsor continuing interest is the lower of 5% of corpus and Rs 10 crore — candidates routinely pick the higher.

Where this is taught

Free preparation for NISM Series XV

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