A. Firm Overview
Buoyant Capital Private Limited (“BCPL” or the “Advisor”), was incorporated in India on
February 12, 2014 as a private limited company under Indian law and in compliance with the
Securities Exchange Board of India (“SEBI”).
B. Firm Services
BCPL provides both discretionary portfolio management services, non-discretionary portfolio
management services, and advisory portfolio management services (collectively “PMS” or
“Portfolio Management Services”), investment advisory services, and fund management
services to high-net-worth individuals, institutional clients, corporate entities, private funds, and
other permissible classes of investors from India and the United States (collectively, the
“Clients”). BCPL only advises Clients in the United States that are “accredited investors” as
that term is defined in Rule 501(a) of Regulation D under the U.S. Securities Act of 1933, as
amended (the “Securities Act”) and/or “qualified clients” as that term is defined in Rule 205-3
of the U.S. Investment Advisers Act of 1940, as amended (the “Advisers Act”).
BCPL seeks to provide services that advance its Clients' investment objectives. BCPL will enter
into a service agreement with its PMS and Investment Advisory Service Clients (hereinafter
“Client Service Agreement”) which will detail the parameters of the service arrangement
including fees, investment restrictions, investment objectives, risk tolerance, and more.
Descriptions of the various services that BCPL offers are provided below and more information
on each can be found in the Client Service Agreement. BCPL will offer the following services:
I. Portfolio Management Services
a. Discretionary Portfolio Management Services: BCPL will operate and
manage a portfolio on behalf of a Client with BCPL exercising full discretion
and judgment in operating the portfolio. BCPL will have authority to act on
a discretionary basis to determine (i) the securities or other financial
instruments to be purchased and sold for or from the Client’s account (subject
to restrictions set forth in the Client Service Agreement), and (ii) the amount
of securities or other financial instruments to be purchased or sold for or from
the Client’s account. BCPL will only invest on behalf of the account provided
by the Client. BCPL will be restricted from overriding any restrictions the
Client places on its account.
b. Non-discretionary Portfolio Management Services: BCPL will handle
execution of securities transactions, preparation of accounting materials
where necessary, recording of benefits, valuation and compliance with other
reporting requirements as mutually agreed upon with the Client, but BCPL
cannot execute trades under this service without first receiving Client consent
to such trade. Thus, the Client is the one making the investment decisions in
their own judgment and discretion, at their own risk, and any action
undertaken with Client consent will be absolute and binding and cannot be
called into question or open to review at any time throughout the duration of
the Client Service Agreement or any time thereafter.
c. Advisory Portfolio Management Services: BCPL will provide advisory services
to Client portfolios consisting of recommendations with respect to taking
positions or exiting positions in individual securities, increasing or decreasing
concentrations of particular securities, and overall diversification of a Client's
portfolio subject to Client confirmation prior to execution of any trades under
this service. The Client Service Agreement will outline the scope and fees of
these services, but Clients will have full discretion and authority on whether to
act on recommendations that BCPL provides under its Advisory Portfolio
Management services. Unless Clients agree otherwise. BCPL will not be able to
execute trades under this service without first procuring Client Consent. BCPL
will be acting solely as an advisor on the Client's portfolio and will not be
responsible for the investment or divestment of securities.
II. Investment Advisory Services
BCPL’s Investment Advisory Services entail tailoring an investment plan to meet the needs
and objectives of a Client. BCPL will meet with Clients to discuss a Client's objectives and
financial circumstances. BCPL will then tailor a Client's investment plan to include BCPL’s
Investment Advisory Services such as recommendations regarding taking positions or
exiting
positions in individual securities, increasing or decreasing concentrations of
particular securities, and overall diversification of a Client's portfolio. As part of this
service BCPL will also communicate with Clients during the course of the advisory
relationship about relevant market conditions and additional investment opportunities that
the Client may be interested in based on their investment plan. When providing Investment
Advisory Services BCPL will be solely acting as an advisor to Clients and not acting as a
manager of any of the subject Client accounts in accordance with the terms and conditions
stated in the Client Service Agreement.
III. Fund Management Services
BCPL manages a Category III Alternative Investment Fund or AIF, (hereinafter referred to
as the “Fund”) under which BCPL invests in a variety of equity securities in accordance
with its Buoyant Opportunities Strategy (discussed in more detail below). The Fund is
registered with SEBI as a Category III AIF. The objective of the Fund is to provide superior
risk adjusted returns to investors utilizing a portfolio that consists of long-term investments.
Prior to joining the Fund, an investor will receive the Fund’s Private Placement
Memorandum (“Fund PPM”) and in order to subscribe to the Fund and investor will enter
into a contribution agreement (“Fund Contribution Agreement”) detailing the terms of
the investment (both Fund PPM and Fund Contribution Agreement hereinafter collectively
referred to as “Fund Agreements”). More information about the Fund including Fund
investment selection methodology, minimum investment amount, fees, and risks can be
found below and in the Fund Agreements.
BCPL will only offer securities of the Fund to “accredited investors” as that term is defined
in Rule 501(a) of Regulation D under the Securities Act and “qualified clients” as that term
is defined in the Advisers Act when securities of the Fund are offered to U.S. Persons as
that term is defined in Regulations of the Securities Act.
C. Client Tailoring
Client tailoring will only apply to Investment Advisory Services. BCPL will take an
individualized approach to providing investment advisory services. Whether the Client is an
individual or a private fund, BCPL will tailor its services to the needs and risk appetite of each
of its Clients. Prior to entering into a relationship with a Client, an intake meeting with each
Client will be conducted. Following the intake meeting, BCPL will create a Client profile for
such Client setting forth relevant investment parameters such as investment objectives, risk
tolerance, investment horizon and other relevant factors. The Client Service Agreement will
then outline these parameters. BCPL will then craft an investment strategy that aims to meet
these parameters. In order to provide tailored services on a continual basis, BCPL will monitor
market conditions for trends and investment opportunities that the Client may be interested in
and communicate with the Client regularly to discuss any of these economic trends and overall
portfolio performance.
D. Wrap Fee Program
A wrap fee program is an investment program where the investor pays one stated fee that
includes management fees, transaction costs, fund expenses, and other administrative fees.
BCPL does not participate in any wrap fee programs.
E. Client Assets Under Management
Total Client Assets Under Management (U.S. and Non-U.S.)
Service Type Assets Under Management Number of Active
Clients**
Discretionary PMS $216,937,061 1,349
Non-discretionary PMS $4,372,666 12
Advisory PMS* $4,350,000 6
A.I.F. $27,250,412 1
*Assets Under Advice (“AUA”) are not included in the calculation of Regulatory Assets Under
Management in Item 5.F of Part 1 of BCPL’s Form ADV.
**Pursuant to SEC guidance, “offshore” private funds advised by “offshore” investment advisors
are considered the “client” for the purposes of the Advisers Act.
U.S. Client Assets Under Management
Service Type Assets Under
Management
Number of Active U.S.
Clients**
Discretionary PMS $1,675,619 17
Non-discretionary PMS 0 0
Advisory PMS 0 0
A.I.F. $138,240 0***
**Pursuant to SEC guidance, “offshore” private funds advised by “offshore” investment advisors
are considered the “client” for the purposes of the Advisers Act.
***A.I.F. has 1 (one) U.S. investor.