Saturday, January 4, 2020

REGULATION OF MUTUAL FUNDS IN INDIA


·         REGULATIONS OF MUTUAL FUNDS IN INDIA

·         FINANCIAL SERVICES AND MARKETS
·         DR SHASHI AGAGRWAL
·         REGULATIONS OF MUTUAL FUNDS
1.       REGULATED BY THE SECURITIES AND EXCHANGE BOARD OF INDIA
2.       IN 1996,SEBI FORMULATED  THE MUTUAL FUNDS REGULATIONS
3.       ALONG WITH SEBI,MUTUAL FUNDS ARE REGULATED BY RBI,COMPANIES ACT,STOCK EXCHANGE,INDIAN TRUST ACT AND MINISTRY OF FINANCE.
4.       IN ORDER TO PROVIDE A GUARANTEED RETURN SCHEME, MUTUAL FUNDS NEEDS TO TAKE APPROVAL FROM RBI

5.       THE MINISTRY OF FINANCE ACTS AS SUPERVISOR OF RBI AND SEBI AND APPELLATE AUTHORITY UNDER SEBI REGULATIONS
6.       MUTUAL FUNDS CAN APPEAL TO THE MINISTRY OF FINANCE ON THE SEBI RULING
7.       THE ASSOCIATION OF MUTUAL FUNDS IN INDIA ( AMFI) HAS BEEN MADE TO DEVELOP THIS MUTUAL FUND INDUSTRY OF INDIA ON PROFESSIONAL AND ETHICAL LINES AND TO ENHANCE AND MAINTAIN STANDARD IN ALL AREAS WITH A VIEW TO PROTECT AND PROMOTE THE MUTUAL FUNDS AND THEIR UNIT HOLDERS.
8.       AMFI WAS INCORPORATED ON 22 ND AUGUST 1995 AS A NON PROFIT ORGANIZATION
9.       IT IS AN ASSOCIATION OF SEBI REGISTERED MUTUAL FUNDS IN INDIA OF ALL THE REGISTERED ASSET MANAGEMENT COMPANIES

·         STRUCTURE OF MUTUAL FUNDS IN INDIA

1.       MUTUAL FUNDS HAVE A THREE TIER SYSTEM IN INDIA
2.       IST TIER IS SPONSOR,2ND TIER IS  PUBLIC TRUST AND THIRD TIER IS ASSET MANAGEMENT COMPANY
3.       A SPONSOR IS A PERSON WHO ESTABLISHES A MUTUAL FUND AND IS ASSOCIATED WITH ANOTHER CORPORATION
4.       NECESSARY FOR A SPONSOR TO SEEK APPROVAL FROM THE SEBI
5.       AFTER THE APPROVAL THE SPONSOR HAS TO MAKE THE PUBLIC TRUST AS PER THE INDIAN TRUST ACT 1882
6.       TRUSTEE ARE APPOINTED AS THE TRUST DOES NOT HAVE ANY LEGAL IDENTITY
7.       THE INSTRUMENT OF THE TRUST MUST BE IN THE FORM OF DDED AGREEMENT BETWEEN THE SPONSOR AND THE TRUSTEES OF THE MUTUAL FUNDS UNDER THE INDIAN REGISTRATION ACT,1908
8.       THE SPONSOR AND TRUST ARE TWO SEPARATE ENTITIES
9.       THE TRUST ACTS AS INTERNAL REGULATOR OF THE MUTUAL FUNDS AND TRUSTEE APPOINT AN ASSET MANAGEMENT COMPANY TO MANAGE AND COLLECT THE MONEY THROUGH THE MUTUAL FUND
10.   THE APPROVAL OF SEBI IS REQUIRED FOR AMCS

·         GENERAL GUIDELINES

·         GENERAL :
1.       MONEY MARKET MUTUAL FUNDS WOULD BE REGULATED BY THE RBI
2.       OTHER MUTUAL FUNDS WILL BE REGULATED BY THE SECURITIES EXCHANGE BOARD OF INDIA
3.       MUTUAL FUND SHALL BE ESTABLISHED IN THE FORM OF TRUSTS UNDER THE INDIAN TRUST ACT AND BE AUTHORISED FOR THE BUSINESS BY SEBI
4.       MUTUAL FUNDS SHALL BE ESTABLISHED BY SEPARATELY ESTABLISHED ASSET MANAGEMENT COMPANIES
5.       AT LEAST 50% OF THE BOARD OF THE AMC MUST BE INDEPENDENT DIRECTORS WHO HAVE NO CONNECTION WITH THE SPONSORING ORGANIZATION. THE DIRECTORS MUST HAVE PROFESSIONAL EXPERIENCE OF AT LEAST 10 YEARS IN THE RELEVANT FIELDS SUCH AS PORTFOLIO MANAGEMENT,FINANCIAL ADMINISTRATION ETC
6.       THE AMCS SHOULD HAVE A MINIMUM NET WORTH OF RS 5 CRORES AT ALL TIMES
7.       THE SEBI IS GIVEN THE POWER TO WITHDRAW THE AUTHORISATION GIVEN TO ANY AMC IF IT FOUND TO BE NOT SERVING THE BEST INTEREST OF THE INVESTORS AS WELL AS CAPITAL MARKET
8.       NOT APPLICABLE TO BANKS SPONSORED AMCS

·         BUSINESS ACTIVITIES
1.       BOTH AMC AND TRUSTEE SHOULD BE TREATED AS TWO SEPARATE LEGAL ENTITIES
2.       AMC SHOULD NOT BE PERMITTED TO UNDER TAKE ANY OTHER BUSINESS ACTIVITY EXCEPT MUTUAL FUNDS
3.       ONE AMC CAN NOT ACT AS THE ASSET MANAGEMENT COMPANY FOR OTHER MUTUAL FUNDS
·         SCHEMES
1.       EACH SCHEME OF MUTUAL FUNDS MUST BE COMPULSORILY REGISTERED WITH SEBI BEFORE IT IS FLOATED IN THE MARKET
2.       THE MINIMUM SIZE OF THE FUNDS SHOULD BE RS 20 CRORES IN THE CASE OF EACH CLOSE ENDED SCHEME AND IT IS RS 50 CRORES FOR EACH OPEN ENDED SCHEME
3.       CLOSE ENDED SCHEMES SHOULD NOT BE KEPT OPEN FOR SUBSCRIPTION FOR MORE THAN 45 DAYS. FOR OPEN ENDED SCHEMES THE FIRST 45 DAYS SHOULD BE CONSIDERED FOR DETERMINING THE TARGET FIGURE OR THE MINIMUM SIZE
4.       IF THE MINIMUM AMOUNT OR THE 60% OF THE TARGETED AMOUNT WHICH EVER IS HIGHER IS NOT RAISED THEN THE ENTIRE SUBSCRIPTION HAS TO BE REFUNDED TO THE INVESTORS
5.       TO PROVIDE CONTINUOUS CLOSE ENDED SCHEMES SHOULD BE LISTED ON STOCK EXCHANGE. IN THE CASE OF OPEN-ENDED SCHEMES MUTUAL FUNDS SHALL SELL AND REPURCHASE UNITS AT PREDETERMINED PRICES BASED ON NET ASSET VALUE AND SUCH PRICES SHOULD BE PUBLISHED AT LEAST ONCE A WEEK
6.       FOR EACH SCHEME THERE SHOULD BE A SEPARATE AND RESPONSIBLE FUND MANAGER
·         RULES REGARDING ADVERTISEMENT
1.       AN ADVERTISEMENT SHOULD DISCLOSE THE OBJECTIVE OF THE SCHEME
2.       IT SHOULD BE TRUTHFUL,FAIR .CLEAR AND SHALL NOT CONTAIN A STATEMENT OF PROMISE OR FORECAST WHICH IS UNTRUE OR MISLEADING
3.       SHOULD NOT BE FRAMED TO EXPLOIT THE LACK OF EXPERIENCE OR KNOWLEDGE OF THE INVESTORS
4.       ALL THE ADVERTISEMENT ISSUED BY A MUTUAL FUND OR ITS SPONSOR OR ASSET MANAGEMENT COMPANY SHALL STATE ALL INVESTMENTS IN MUTUAL FUNDS AND SECURITIES ARE SUBJECT TO MARKET RISKS AND NAV OF THE SCHEMES MAY GO UP OR DOWN DEPENDING UPON THE FACTORS AND THE FORCES AFFECTING THE SECURITIES MARKET

5.       SHOULD NOT COMPARE ONE FUND WITH ANOTHER
6.       THE OFFER DOCUMENT AND ADVERTISEMENT SHALL NOT BE MISLEADING OR CONTAIN ANY STATEMENTS OR OPINION WHICH IS INCORRECT OR FALSE
·         INVESTMENT NORMS
1.       MUTUAL FUNDS SHOULD INVEST ONLY IN TRANSFERABLE SECURITIES EITHER IN THE CAPITAL MARKET OR MONEY MARKET OR SECURITISED DEBT. CAN NOT EXCEED 10 % IN CASE OF GROWTH FUNDS AND 40 PERCENT IN IN CASE OF INCOME FUNDS
2.       SHOULD NOT INVEST MORE THAN 5 PERCENT OF ITS SCHEMED IN ANY ONE COMPANY’S SHARES
3.       THE LIST OF 5 PERCENT CAN BE EXTENDED TO 10 PERCENT IF ALL THE  SCHEMES OF A MUTUAL FUNDS ARE TAKEN TOGETHER
4.       NO SCHEME SHOULD INVEST IN ANY OTHER SCHEME UNDER THE SAME AMC
5.       NO MUTUAL FUNDS UNDER ALL ITS SCHEME TAKEN TOGETHER CAN INVEST MORE THAN 15 PERCENT OF THE FUNDS IN THE SHARES AND DEBENTURES OF SPECIFIC INDUSTRY EXCEPT IN THE CASE OF THOSE SCHEMES WHICH ARE SPECIFICALLY FLOATED FOR THE INVESTMENT IN ONE OR MORE SPECIFIED INDUSTRY
·         OTHER NORMS
·         EXPENSES : THE AMC MAY CHARGE THE MUTUAL FUNDS WITH INVESTMENT MANAGEMENT AND ADVISORY FEES. SHOULD BE DISCLOSED IN THE PROSPECTUS
  1. THE INITIAL EXPENSES SHOULD NOT EXCEED 6% OF THE FUNDS RAISED UNDER EACH SCHEME
  2. EXCEPTING THE INTI AL EXPENSES ALL OTHER EXPENSES TO BE CHARGED TO THE FUND SHOULD NOT EXCEED 3 PERCENT OF THE WEEKLY AVERAGE ASSETS OUTSTANDING DURING THE CURRENT YEAR. MUST BE DISCLOSED THROUGH ADVERTISEMENT,ACCOUNTS ETC
  3. ALL MUTUAL FUNDS MUST DISTRIBUTE A MINIMUM OF 90% OF THEIR PROFITS IN ANY GIVEN YEAR
  4. THE SEBI IS GIVEN WIDE POWERS TO CALL FOR ANY INFORMATION REGARDING THE OPERATIONS OF MUTUAL FUNDS
  5. EVERY MUTUAL FUND IS REQUIRED TO SEND ITS COPIES OF DULY AUDITED ANNUAL STATEMENTS OF ACCOUNTS SIX MONTHLY UNAUDITED ACCOUNTS.QUARTERLY STATEMENTS OF MOVEMENTS IN NET ASSETS FOR EACH OF ITS SCHEMES TO THE SEBI
  6. THE SEBI LAYS DOWN THE ACCOUNTING POLICIES,FORMAT AND CONTENTS OF THE FINANCIAL STATEMENTS AND OTHER REPORTS
  7. ALL MUTUAL FUNDS SHALL SEGREGATE THEIR EARNING AS CURRENT INCOME,SHORT TERM CAPITAL GAINS AND LONG TERM CAPITAL GAINS
  8. ACCOUNTING FOR ALL THE SCHEMES MUST BE DONE FOR THE SAME YEAR ENDING
  9. EACH CLOSE ENDED SCHEME SHOULD BE WOUND UP OR EXTENDED WITH THE PERMISSION OF SEBI AS SOON AS THE PREDETERMINED PERIOD IS OVER
  10. AN OPEN SCHEME SHALL BE WOUND UP IF THE TOTAL NUMBER OF UNITS OUTSTANDING AFTER REPURCHASE AT A POINT OF TIME FALLS BELOW 50 PER CENT OF THE ORIGINALLY ISSUED NUMBER OF UNITS
  11. SEBI CAN AFTER DUE INVESTIGATION IMPOSE PENALTIES ON MUTUAL FUNDS FOR VIOLATING THE GUIDELINES AS MAY BE NECESSARY



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