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The Insurance Regulatory and Development Authority of India (‘IRDAI’), on February 12, 2026, issued a Circular clarifying conditions for Indian insurers (‘Insurers’) investing in AIFs. Under the Insurance Act, 1938, Insurers cannot deploy policyholders’ funds in overseas entities, creating uncertainty regarding excusal rights for AIFs with overseas investment mandates. The Circular mandates disclosures in fund documents and obligations ensuring compliance with excusal rights, including barring use of insurer drawdowns for overseas investments, prohibiting pledging of such funds for overseas investments, and requiring certifications from the AIF’s statutory auditor and Insurer’s concurrent auditor.
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