SEBI Revises REITs, InVITs Nomination Rights To Enhance Ease Of Doing Business

To enhance ease of doing business, markets regulator SEBI updated the framework for unitholders of real estate investment trusts and infrastructure investment trusts regarding their nomination rights for directors.

Previously, unitholders exceeding a certain ownership threshold could nominate one director to the Board of the REIT's or InVIT's Manager. However, if an entity already had the right to nominate directors as a shareholder or lender, it was ineligible to use its unitholder status for nominations.

SEBI's new rules introduce an exception to this policy.

Now, if the right to appoint a nominee director is due to certain conditions specified in the SEBI (Debenture Trustees) Regulations, 1993 (like defaults on payments or security creation), the restriction on unitholders does not apply, according to two circulars issued by the regulator.

The new circulars will come into force with immediate effect.

This came after market participants requested SEBI to provide clarity on the availability of the right to nominate a director on the board of directors of the Manager of REIT or InVIT, to a unitholder where such nomination right is also available to a unitholder in the capacity of lender to the Manager or the REIT/InvIT (or its HoldCos or SPVs).

REITs allow investors to pour funds in commercial real estate options, while the InvIT provides the option of investing in a portfolio of infrastructure assets.

(With Input From PTI)