Crackdown on finfluencers: SEBI bars regulated entities from associating with 'unregistered finfluencers'

On June 27, the Securities and Exchange Board of India (SEBI) approved norms to regulate unregistered financial influencers, addressing the risks associated with these influencers. The market regulator approved the proposal to ban registered entities from associating with unregistered investment advisors such as 'finfluencers'. It has allowed registered entities to associate with unregistered entities if they are only sharing educational content, as per reports.

SEBI also stated that registered entities are to ensure that the person with whom they are associated does not indulge in prohibited activities.

The market regulator said in a press statement: "Persons regulated by the Board and the agents of such persons shall not have any association, like any transaction involving money or money's worth, referral of a client, interaction of information technology systems or any other association of similar nature or character, directly or indirectly, with any other person who, directly or indirectly, provides advice or recommendation or makes any implicit or explicit claim of return or performance, in respect of or related to security or securities unless permitted by the Board to provide such advice/recommendation."

SEBI has been contemplating comprehensive measures to regulate 'finfluencers' as concerns about investors falling prey to unregulated guidance rises. "The Securities and Exchange Board of India (SEBI) is contemplating guidelines to rein in finfluencers' activities," SEBI chairperson Madhabi Puri Buch said on March 11, at an Association of Mutual Funds in India (AMFI) event in Mumbai.

The proposed regulations aim to overhaul registration norms, simplifying the process to facilitate 'ease of registration' for these influencers, while ensuring greater transparency and accountability, CNBC-TV18 reported, citing Buch's comments made at the event.

Among SEBI's proposed measures is the establishment of a Performance Validation Agency (PVA), a third-party entity tasked with verifying performance claims made by market participants, including Portfolio Management Services (PMS), Mutual Funds (MFs), and Investment Advisors. The PVA aims to play a crucial role in validating performance reports, bolstering trust and reliability within the financial ecosystem.

Last year, SEBI came down heavily on unregistered finfluencers providing illegal investment advice through social media. Restrictions have been imposed on intermediaries, such as brokers and mutual funds, from engaging unregistered finfluencers for product promotion.

Last year, the Advertising Standards Council of India (ASCI) revised its guidelines, mandating SEBI registration for influencers in the banking, financial services, and insurance (BFSI) sector.

The guidelines for finfluencers stated that influencers could offer investment-related advice only after getting registered with SEBI and they must display their registration numbers alongside their name and qualifications.

The disclaimer that influencers would need to display includes superimposing their qualifications, registration or certification details on visuals that are readable or upfront.

For other financial advice services, influencers are required to possess credentials or a licence from the Insurance Regulatory and Development Authority of India, or they must be qualified chartered accountants or company secretaries.

SEBI had also released two consultation papers focusing on payment structures associated with financial advice and education, as well as partnerships between regulated entities and finfluencers.