19/08/2026
Name of the Entity - MITCON Credentia Trusteeship Services Limited
Regulator - Securities and Exchange Board of India
Registration No - IND000000596
Subject: SEBI Circular — Framework for Calculation of Net Distributable Cash Flows (NDCF) for InvITs — Effective Immediately (August 14, 2026)
SEBI, vide circular dated August 14, 2026, has amended the framework for calculating Net Distributable Cash Flows (NDCF) for Infrastructure Investment Trusts (InvITs) under Section F (Para 3.19) of the InvIT Master Circular.
The change impacts road-sector InvITs and treatment of major maintenance (MM) funded through external borrowing. The circular is effective immediately — no transition period.
Key changes:
i. New add-back: Payments towards major maintenance expenses for road projects, to the extent funded by external borrowing, can now be added back in HoldCo/SPV-level and Trust-level NDCF calculations.
ii. New Note 12: Defines “Road Project” as per the Ministry of Finance notification dated September 19, 2025, and specifies conditions for the add-back.
iii. Unitholder approval: A resolution under Regulation 22(5) of the InvIT Regulations, with at least 60% of votes cast in favour, is mandatory before adding back debt-funded MM expenses.
iv. Auditor certification & disclosure: A statutory auditor certificate confirming MM expenses comply with concession agreement obligations is required. Disclosure must state that MM debt reduces future leverage headroom, as it forms part of aggregate borrowings but cannot be capitalised.
Why it matters:
The amendment provides road-sector InvITs more flexibility in structuring distributions for debt-funded major maintenance. However, this is subject to unitholder approval, auditor certification and enhanced disclosure requirements.
Timeline:
Effective immediately — August 14, 2026.
Read Full Regulation Here: https://lnkd.in/dQcrr8Cd