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THE GAZETTE OF EXTRAORDINARY PART �II � SECTION 3 � SUB SECTION (ii) PUBLISHED BY AUTHORITY SECURITIES AND EXCHANGE BOARD OF NOTIFICATION Mumbai, SECURITIES AND EXCHANGE BOARD OF (MUTUAL FUNDS) (AMENDMENT) REGULATIONS, 2006 S.O No.38(E). � In exercise of the powers conferred by
section 30 of the Securities and Exchange Board of India Act, 1992 (15 of
1992), the Board hereby makes the following Regulations to further amend the
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, namely
:- � 1.
These Regulations may be called the
Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations,
2006. 2.
They shall come into force on the date of their publication
in the Official Gazette. 3. In the Securities and Exchange
Board of (i) in regulation 2 � (a) after clause (ma) the following
clauses shall be inserted, namely:- �(mb) �gold exchange traded fund
scheme� shall mean a mutual fund scheme that invests primarily in gold or gold
related instruments; �(mc) �gold related instrument�
shall mean such instrument having gold as underlying, as may be specified by
the Board from time to time;� (b) in clause (q), after the words
�including money market instruments� and before the semi-colon, the words �or gold
or gold related instruments� shall be inserted; (ii) in regulation 7, in clause (g), after the words
�keep custody of the securities�, the words �or gold and gold related
instruments� shall be inserted; (iii) in regulation 26, after sub-regulation (1), the
following proviso shall be inserted, namely:- �Provided that in case of a gold exchange traded fund scheme, the assets
of the scheme being gold or gold related instruments may be kept in custody of
a bank which is registered as a custodian with the Board.� (iv) regulation 43 shall be substituted with the
following, namely:- �Investment objective 43. (1) Subject to other provisions of these regulations, a
mutual fund may invest moneys collected under any of its schemes only in � (a)
securities; (b)
money market instruments; (c)
privately placed debentures; (d)
securitised debt instruments, which are
either asset backed or mortgage backed securities; or (e)
gold or gold related instruments. (2) Any investment made under sub-regulation
(1) shall be in accordance with the investment objective of the relevant mutual
fund scheme. (3) Moneys collected under any money
market scheme of a mutual fund shall be invested only in money market
instruments. (4) Moneys collected under any gold
exchange traded fund scheme shall be invested only in gold or gold related
instruments, in accordance with sub-regulation (5) of regulation 44.� ����������� (v)
in regulation 44 � (a) after sub-regulation (1), the
following proviso shall be inserted, namely: �Provided that nothing in the Seventh Schedule shall apply to a gold
exchange traded fund scheme.� (b) after sub-regulation (4), the
following sub-regulation shall be inserted, namely: �(5) A gold exchange traded fund
scheme shall be subject to the following investment restrictions: (a)
the initial issue expenses in respect of
any such scheme shall not exceed six percent of the funds raised under that
scheme; (b)
the funds of any such scheme shall be
invested only in gold or gold related instruments in accordance with its
investment objective, except to the extent necessary to meet the liquidity
requirements for honouring repurchases or redemptions, as disclosed in the
offer document; and (c)
pending deployment of funds in accordance
with clause (b), the mutual fund may invest such funds in short term deposits
of scheduled commercial banks.� (vi) in
regulation 52, in sub-regulation (4), in clause (b):- (a)
in sub-clause (xii), the word �and�
appearing at the end thereof, shall be omitted; (b)
after sub-clause (xii), the following sub-clause
shall be inserted, namely, �(xii-a) in case of a gold exchange
traded fund scheme, recurring expenses incurred towards storage and handling of
gold; and,� F.No. SEBI/LAD/DOP/
25601 /2006 M. DAMODARAN CHAIRMAN SECURITIES AND EXCHANGE BOARD OF Footnotes: (1)
The Securities and Exchange Board of India
(Mutual Funds) Regulations, 1996, the Principal Regulations were published in
the Gazette of India on December 9, 1996 vide S.O. No. 856(E). (2)
The Securities and Exchange Board of India
(Mutual Funds) Regulations, 1996 were subsequently amended � (a)
on (b)
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on (h)
on (i)
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