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“Collective Action Scheme (CAS)” is not a distinct Indian statutory label established by the official sources reviewed. The phrase may refer to either a Collective Investment Scheme (CIS) regulated by SEBI, or a class action under section 245 of the Companies Act, 2013. They serve different purposes: a CIS pools money for investment, while a class action seeks legal relief for a qualifying group.

What does “Collective Action Scheme” mean in India?

The phrase can be confusing because it blends two different ideas. In the Indian legal and regulatory materials relevant here, the formal terms are “Collective Investment Scheme” and “class action,” not “Collective Action Scheme.” Which one applies depends on whether the issue is an investment arrangement or a group legal claim.

Feature SEBI Collective Investment Scheme (CIS) Companies Act class action
Purpose Pool contributions for an investment arrangement and expected returns, income, produce, or property. Seek collective legal relief over company management or conduct alleged to harm the company, members, or depositors.
Who is involved Investors who contribute to the arrangement. Qualifying company members or depositors, or a class of them.
Authority or route SEBI’s securities-regulation framework. An application to the Tribunal under section 245 of the Companies Act, 2013.
Possible result Returns, income, produce, or property contemplated by the scheme; investment outcomes are not guaranteed. Orders such as restraining specified conduct, declaring certain resolutions void, or awarding damages or compensation where the section permits.

How does a SEBI Collective Investment Scheme work?

The legal test

Section 11AA of the SEBI Act identifies a CIS through features of the arrangement: a company offers it; investor contributions are pooled and used for the arrangement; investors expect profits, income, produce, or property; the property or contributions are managed on investors’ behalf; and investors do not have day-to-day control over management and operation. See section 11AA of the SEBI Act and SEBI’s CIS FAQ.

The definition also excludes specified arrangements, including certain cooperative societies, insurance contracts, pension schemes, chit businesses, and mutual-fund subscriptions. The exact legal classification depends on the arrangement and applicable law; the fact that money is pooled alone does not settle whether it is a CIS.

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Offer documents and safeguards

SEBI’s FAQ describes registered collective investment management companies raising public funds through schemes subject to safeguards that include credit rating, appraisal, trustee approval, prescribed disclosures, and filing an offer document with SEBI. It also describes investor-facing offer-document processes, scheme reporting, and grievance routes. These operational requirements should be checked against the current regulations and applicable scheme documents.

Filing an offer document is not SEBI approval of the investment. SEBI’s FAQ states: “It is to be distinctly understood that submission of offer document to SEBI should not in any way be deemed or construed that the same has been cleared or approved by SEBI.” The FAQ also says SEBI does not take responsibility for the scheme’s financial soundness or the correctness of statements in the document, and cannot guarantee repayment to investors.

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How does a class action under section 245 work?

Who may apply

Section 245 of the Companies Act, 2013 is expressly headed “Class action.” It allows qualifying members or depositors, individually or as a class, to apply to the Tribunal on behalf of members or depositors if they consider that the company’s management or conduct is prejudicial to the interests of the company, its members, or its depositors.

Eligibility is subject to statutory thresholds. For a company with share capital, section 245 states a threshold of at least 100 members or the prescribed percentage of members, whichever is less, or members holding at least the prescribed percentage of issued share capital. For a company without share capital, it states one-fifth of the total members. The section also sets thresholds for depositors and limits proceedings to one class action application for the same cause. Because the provision refers to percentages “as may be prescribed,” check the current rules and amendments before relying on a particular percentage.

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What relief can the Tribunal grant?

Depending on the case and the section’s conditions, applicants may seek orders to restrain acts contrary to the company’s memorandum or articles, the law, or a members’ resolution; to declare certain resolutions void; or to claim damages or compensation against the company, directors, auditors, experts, advisers, or consultants in the circumstances listed in the Act. The Tribunal considers factors including whether the applicants are acting in good faith.

What happens after an application is admitted?

The Act provides for public notice and consolidation of similar applications. The applicants may choose a lead applicant; if the class cannot agree, the Tribunal may appoint one. Orders made in the class action are binding as provided by the Act. The applicable procedure and eligibility rules should be checked in the current statute and rules before filing.

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Which one are you asking about?

  • If you are assessing a pooled investment that promises or anticipates returns, income, produce, or property, the relevant question is whether it meets the CIS definition and complies with SEBI’s current framework.
  • If you are a company member or depositor seeking relief over company conduct, the relevant route may be a section 245 class action, subject to its eligibility thresholds and procedure.

SEBI’s regulations index lists the Collective Investment Scheme Regulations, 1999, last amended on December 5, 2025. Check the latest version of the regulations and Companies Act rules for any later changes. For a specific investment decision or live dispute, consult current official materials and qualified Indian legal counsel.

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Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

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