per Regulation 17 of IA Regulations, “an Investment Adviser shall ensure that:
a. All investments on which investment advice is provided is appropriate to the risk profile of the client;
b. It has a documented process for selecting investments based on client’s investment objectives and
financial situation;
c. It understands the nature and risks of products or assets selected for clients;
d. It has a reasonable basis for believing that a recommendation or transaction entered into:
i. meets the client’s investment objectives;
ii. is such that the client is able to bear any related investment risks consistent with its
investment objectives and risk tolerance;
iii. is such that the client has the necessary experience and knowledge to understand the risks
involved in the transaction.
e. Whenever a recommendation is given to a client to purchase of a particular complex financial
product, such recommendation or advice is based upon a reasonable assessment that the structure and risk reward profile of financial product is consistent with clients experience, knowledge, investment objectives, risk appetite and capacity for absorbing loss”.
2) . The various provisions under the SEBI Act, Regulations, Circulars etc. in respect of an intermediary registered with SEBI are enumerated for the purpose of protection of interests of investors and further to ensure that the business and conduct of the intermediaries are undertaken on the basis of sound business principles. Investment Advisers Regulations, 2013 inter alia provide the framework for regulating the activity of entities who are in the business of providing investment advice in respect of securities and investment products. These Regulations seek to create a standardized operating structure within which these entities will operate and also make them duly accountable for their investment advice and investment activities by requiring them to comply with the criteria, set out in the relevant provisions of the aforesaid Regulations. Significant responsibilities are entrusted upon the investment advisers registered with SEBI, such as to maintain high standards of integrity, diligence, honesty, and fairness, not to indulge in any act detrimental to the interests of investors, etc. Further, an investment adviser is expected to act in a fiduciary capacity towards its clients. Having been entrusted with such obligations, CapitalVia, being a registered intermediary was not expected to act in violation of the provisions of Investment Advisers Regulations, 2013 and the Code of Conduct prescribed under the third Schedule of the said Regulations.
10. A person acting as a securities market intermediary is expected to protect the interest of the investors in the securities market in which he operates and shall act honestly, fairly, with due skill, care and in the best interests of its clients and in the integrity of the market. An intermediary shall comply with all regulatory requirements applicable to the conduct of its business activities so as to promote the best interests of clients and the integrity of the market. An investment adviser shall ensure that advisory services are offered after thorough analysis and taking into account available alternatives and further fees charged from the clients is fair and reasonable.
3) he cannot offer guaranteed returns
4) you can complainto SEBI against the investment advisor
5) SEBI would issue it show cause notice and restrain it from offering free investment advisory services in future
6) if there is arbitration clause in contract invoke said clause and claim loss suffered by you