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SECURITIES AND
EXCHANGE BOARD OF CONTENTS 1. Short title, application and commencement CHAPTER II: REGISTRATION OF MUTUAL FUND 3. Application for registration 4. Application fee to accompany the application 5. Application to conform to the requirements 8. Consideration of application 9. Grant of Certificate of Registration 10. Terms and conditions of registration 13. Failure to pay service fee CHAPTER III: CONSTITUTION AND MANAGEMENT OF MUTUAL FUND AND OPERATION OF TRUSTEES, ETC 14. Trust Deed to be registered under the Registration Act 16. Disqualification from being appointed as trustees 17. Approval of the Board for appointment of trustee 18. Rights and obligations of the trustees CHAPTER IV: CONSTITUTION AND MANAGEMENT OF ASSET MANAGEMENT COMPANY AND CUSTODIAN 19. Application by an asset management company 20. Appointment of an asset management company 21. Eligibility criteria for appointment of asset management company 22. Terms and conditions to be complied with 23. Procedure where approval is not granted 24. Restrictions on business activities of the asset management company 25. Asset Management Company and its obligations CHAPTER V: SCHEMES OF MUTUAL FUND 28. Procedure for launching of schemes 29. Disclosures in the offer document 32. Listing of close ended schemes 33. Repurchase of close ended schemes 35. Allotment of Units and refunds of moneys 36. Unit certificates or Statement of Accounts 41. Procedure and Manner of winding up CHAPTER VI: INVESTMENT OBJECTIVES AND VALUATION POLICIES 44. Investment, borrowing, restriction, etc. 46. Underwriting of Securities 47. Method of valuation of investments 48. Computation of Net Asset Value CHAPTER VII: GENERAL OBLIGATIONS 50. To maintain proper books of accounts and records, etc. 52. Limitation on fees and expenses on issue of schemes 53. Dispatch of warrants and proceeds 56. Mailing of Annual Report and summary thereof 57. Annual Report to be forwarded to the Board 58. Periodic and continual disclosures 60. Disclosures to the investors CHAPTER VIII: INSPECTION AND AUDIT 61. Board ‘s right to inspect and investigation 62. Notice before inspection and investigation 63. Obligation on inspection and investigation 64. Submission of report to the Board 65. Action on inspection or investigation report 67. Payment of inspection fees to the Board CHAPTER IX: PROCEDURE FOR ACTION IN CASE OF DEFAULT 68. Liability for action in case of default 69. [Deleted] 70. [Deleted] 71. [Deleted] 72. [Deleted] 73. [Deleted] 74. [Deleted] 75. Action against
intermediaries 77. Power of
Board to issue clarifications FORM A - APPLICATION FOR THE GRANT OF REGISTRATION OF MUTUAL FUND FORM B - CERTIFICATE OF REGISTRATION FORM C - TRUSTEESHIP OF THE MUTUAL FUND FORM D - ASSET MANAGEMENT COMPANY SCHEDULE III: CONTENTS OF THE TRUST DEED SCHEDULE IV: CONTENTS OF THE INVESTMENT AGREEMENT SCHEDULE VI: ADVERTISEMENT CODE SCHEDULE VII: RESTRICTIONS ON INVESTMENTS SCHEDULE VIII: INVESTMENT VALUATION NORMS SCHEDULE IX: ACCOUNTING POLICIES AND STANDARDS SCHEDULE X: INITIAL ISSUE EXPENSES SCHEDULE XII: HALF-YEARLY FINANCIAL RESULTS
SECURITIES
AND EXCHANGE BOARD OF S.O.No.856(E) In exercise of the powers
conferred by section 30 read with clause (c) of sub-section (2) of section 11
of the Securities and Exchange Board of India, Act 1992, (15 of 1992) the
Securities and Exchange Board of India hereby makes the following
regulations. PRELIMINARY Short title, application and commencement 1. (1) These regulations may be called the
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996. (2) They shall come into force on the date
of their publication in the Official Gazette. 2. In these regulations, unless the
context otherwise requires: - (a) "Act" means
the Securities and Exchange Board of India Act 1992, (15 of 1992); (b)
"advertisement" includes every form of advertising, whether in a
publication, by display of notices, signs, labels or by means of circulars,
catalogues or other documents, by an exhibition of pictures or photographic
films, by way of sound broadcasting or television, or in any other manner; (c)
"associate" includes a person - (i) who directly or indirectly, by himself, or in
combination with relatives, exercises control over the asset management
company or the trustee as the case may be, or (ii) in respect of
whom the asset management company or the trustee, directly or indirectly, by
itself, or in combination with other persons exercises a control or (iii) whose
director, officer or employee is a director, officer or employee of the asset
management company; (d) "asset management
company" means a company formed and registered under the Companies Act,
1956 (1 of 1956) and approved as such by the Board under sub-regulation (2)
of regulation 21; (e)
"broker" means a stock broker as defined in Securities &
Exchange Board of India (Stock Broker) Rules, 1992; (f)
"close-ended scheme" means any scheme of a mutual fund in which the
period of maturity of the scheme is specified; (g)
"control" means, - (i) in case of a company any person or combination
of persons who directly or indirectly own, control or hold shares carrying
not less than 10% of the voting rights of such company; or (ii) as between
two companies, if the same person or combination of persons directly or
indirectly, own control or hold shares carrying not less than 10% of the
voting rights of each of the two companies; or (iii) majority of the directors of any
company who are in a position to exercise control over the asset management
company. (h) "custodian"
means a person who has been granted a certificate of registration to carry on
the business of custodian of securities under the Securities and Exchange
Board of India (Custodian of Securities) Regulations, 1996; (i) "depository" means
a body corporate as defined in the Depositories Act, 1996 (22 of 1996); (j)
"economic offence" means an offence to which the Economic Offences
(Limitation of Prosecution) Act, 1974 (12 of 1974) applies for the
time-being; 1*[******] (l)
"form" means any of the forms specified as such in the First
Schedule; (m)
"fraud", for the purpose of these regulations has the same meaning
as is assigned to it in section 17 of the Indian Contract Act, 1872 (9 of
1872); 2*[(ma) ‘fund of funds scheme’ means a mutual fund
scheme that invests primarily in other schemes of the same mutual fund or
other mutual funds.] 3* “(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 instruments having gold as underlying, as may be specified by the Board from time to time” 4*[(mm) "group" means a group as defined in
clause (ef) of section 2
of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969)]; (n)
"inspecting officer" means any person appointed as such by the Board
under Chapter VIII; (o) "money
market instruments" includes commercial papers, commercial bills,
treasury bills, Government securities having an unexpired maturity upto one year, call or notice
money, certificate of deposit, usance
bills, and any other like instruments as specified by the Reserve Bank of
India from time to time; (p) "money
market mutual fund" means a scheme of a mutual fund which has been set
up with the objective of investing exclusively in money market instruments; (q) "mutual
fund" means a fund established in the form of a trust to raise monies
through the sale of units to the public or a section of the public under one
or more schemes for investing in securities, including money market
instruments 5* [or gold or gold related instruments]; (r) "offer
document" means any document by which a mutual fund invites public for
subscription of units of a scheme; (s)
"open-ended scheme" means a scheme of a mutual fund which offers units
for sale without specifying any duration for redemption; (t)
"relative" means a person as defined in section 6 of the Companies
Act, 1956 (1 of 1956); (u)
"scheme" means a scheme of a mutual fund launched under Chapter V; (v)
"schedule" means any of the schedules annexed to these regulations;
(w)
"securities laws" means the Securities & Exchange Board of
India Act, 1992 (15 of 1992), the Securities Contracts (Regulation) Act, 1956
(42 of 1956) and the Depositories Act, 1996 (22 of 1996) including their
amendments and such other laws as may be enacted from time to time; (x)
"sponsor" means any person who, acting alone or in combination with
another body corporate, establishes a mutual fund; 6*[(y) "trustee" means the Board of
Trustees or the Trustee Company who hold the property of the Mutual Fund in
trust for the benefit of the unit holders.] (z)
"unit" means the interest of the unitholders in a scheme, which consists of each
unit representing one undivided share in the assets of a scheme; (i) "unit
holder" means a person holding unit in a scheme of a mutual fund. 1. Following clause "k" in regulation 2 was omitted by SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations 2002 published in the Official Gazette of India dated 27.09.2002 (k) "enquiry officer" means any person appointed as such by the Board under Chapter IX; 2.Clause
"ma" in regulation 2 was inserted by SEBI (Mutual Fund) (Amendment)
Regulations, 2003, published in the Official Gazette of 3. Clause “mb” and “mc” in regulation 2 was inserted by
SEBI (Mutual Funds) (Amendment) Regulations, 2006, published in the Official
Gazette of India 12.01.2006 4. Clause
"mm" in regulation 2 was inserted by SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 5. Inserted by SEBI (Mutual Funds) (Amendment)
Regulations, 2006 published in the Official Gazette of 6. Following clause
"y" in regulation 2 was substituted by SEBI (Mutual Fund)
(Amendment) Regulations, 1999 published in the Official Gazette of "trustee" means a person who holds the property of the mutual
fund in trust for the benefit of the unitholders and includes a
trustee company and the directors of the trustee company" CHAPTER
II 3. An application for
registration of a mutual fund shall be made to the Board in Form A by the
sponsor. Application fee to accompany the application 4. Every application for
registration under regulation 3 shall be accompanied by non-refundable
application fee as specified in the Second Schedule. Application to conform to the requirements 5. An application, which is
not complete in all respects, shall be liable to be rejected. Provided that,
before rejecting any such application, the applicant shall be given an
opportunity to complete such formalities within such time as may be specified
by the Board. 6. The Board may require
the sponsor to furnish such further information or clarification as may be
required by it. 7. For the purpose of grant
of a certificate of registration, the applicant has to fulfill the following,
namely: - (a) the sponsor should
have a sound track record and general reputation of fairness and integrity in
all his business transactions; Explanation: For
the purposes of this clause "sound track record" shall mean the
sponsor should, - (i) be carrying on business in financial services
for a period of not less than five years; and (ii) the networth is positive in all the
immediately preceding five years; and (iii) the networth in the immediately
preceding year is more than the capital contribution of the sponsor in the
asset management company; and (iv) the sponsor has profits after
providing for depreciation, interest and tax in three out of the immediately
preceding five years, including the fifth year. 7*[(aa)
the applicant is a fit and proper person] (b) in the case
of an existing mutual fund, such fund is in the form of a trust and the trust
deed has been approved by the Board; (c) the sponsor
has contributed or contributes at least 40% to the networth of the asset management company; Provided that
any person who holds 40% or more of the net worth of an asset management
company shall be deemed to be a sponsor and will be required to fulfil the eligibility criteria
specified in these regulations; (d) the sponsor or any of its
directors or the principal officer to be employed by the mutual fund should
not have been guilty of fraud or has not been convicted of an offense
involving moral turpitude or has not been found guilty of any economic
offence. (e) appointment
of trustees to act as trustees for the mutual fund in accordance with the
provisions of the regulations; (f) appointment
of asset management company to manage the mutual fund and operate the scheme
of such funds in accordance with the provisions of these regulations; (g) appointment of a custodian in
order to keep custody of the securities 8*(or gold and gold related
instruments) and carry out the custodian activities as may be authorised by the trustees. 9* “Applicability
of Securities and Exchange Board of 7A. The provisions of the Securities and Exchange Board of India (Criteria for Fit and Proper Person) Regulations, 2004 shall, as for as may be, apply to all applicants or the mutual funds under these regulations”. 8. The Board may on receipt
of all information decide the application. Grant of Certificate of Registration Terms and conditions of registration (a) the trustees, the
sponsor, the asset management company and the custodian shall comply with the
provisions of these regulations; (b) the mutual
fund shall forthwith inform the Board, if any information or particulars
previously submitted to the Board was misleading or false in any material
respect; (c) the mutual
fund shall forthwith inform the Board, of any material change in the
information or particulars previously furnished, which have a bearing on the
registration granted by it; (d) payment of fees as specified in
the regulations and the Second Schedule. 11. Where the sponsor does
not satisfy the eligibility criteria mentioned in regulation 7, the Board may
reject the application and inform the applicant of the same. 12. A mutual fund shall pay
before the 15th April each year a service fee as specified in the Second
Schedule for every financial year from the year following the year of
registration. Provided that the
Board may, on being satisfied with the reasons for the delay permit the
mutual fund to pay the service fee at any time before the expiry of two
months from the commencement of the financial year to which such fee relates. 13. The Board may not
permit a mutual fund who
has not paid service fee to launch any scheme. 7.
Clause "aa" in regulation 7 was
inserted by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in
the Official Gazette of 8 Inserted by SEBI (Mutual Fund)
(Amendment) Regulations, 2006, published in the Official Gazette of India
dated 12.01.2006. 9.
Regulation 7A was inserted by SEBI
(Criteria for Fit and Proper Person Regulations, 2004, published in the
Official Gazette of India dated 10.03.2004 CHAPTER III Trust Deed to be registered under the Registration Act 15. (1) The trust deed
shall contain such clauses as are mentioned in the Third Schedule and such
other clauses, which are necessary for safeguarding the interests of the unit
holders. (2) No trust
deed shall contain a clause, which has the effect of- (i) limiting or extinguishing
the obligations and liabilities of the trust in relation to any mutual fund
or the unit holders; or (ii) indemnifying the trustees or the
asset management company for loss or damage caused to the unit holders by
their acts of negligence or acts of commissions or omissions. Disqualification from being appointed as trustees 16. (1) A mutual fund shall
appoint trustees in accordance with these regulations. (2) No person shall be
eligible to be appointed as a trustee unless- (a) he is a person of
ability, integrity and standing; and (b) has not been
found guilty of moral turpitude; and (c) has not been
convicted of any economic offence or violation of any securities laws; and (d) has
furnished particulars as specified in Form C. (3) An asset management
company or any of its officers or employees shall not be eligible to act as a
trustee of any mutual fund. (4) No person
who is appointed as a trustee of a mutual fund can be appointed as a trustee
of any other mutual fund unless - (a) such a person is an
independent trustee referred to in sub-regulation (5); and (b) prior approval of the mutual fund
of which he is a trustee has been obtained for such an appointment. 10*[(5) Two thirds of the trustees shall be independent persons and shall
not be associated with the sponsors or be associated with them in any manner
whatsoever] (6) In case a
company is appointed as a trustee then its directors can act as trustees of
any other trust provided that the object of the trust is not in conflict with
the object of the mutual fund. Approval of the Board for appointment of trustee 11*[***] (2) The existing
trustees of any mutual fund may form a trustee company to act as a trustee
with the prior approval of the Board. Rights and obligations of the trustees (2) The investment
management agreement shall contain such clauses as are mentioned in the
Fourth Schedule and such other clauses as are necessary for the purpose of
making investments. (3) The trustees
shall have a right to obtain from the asset management company such
information as is considered necessary by the trustees. (4) The trustees
shall ensure before the launch of any scheme that the asset management
company has; -
12*[(d) appointed a compliance officer who shall be responsible for
monitoring the compliance of the Act, rules and regulations, notifications,
guidelines instructions etc issued by the Board or the Central Government and
for redressal of investors'
grievances;] (e) appointed
registrars and laid down parameters for their supervision; (f) prepared a
compliance manual and designed internal control mechanisms including internal
audit systems; (g) specified norms for
empanelment of brokers and marketing agents. 13*[(4a) The compliance officer appointed under clause (d) of
sub-regulation (4) shall immediately and independently report to the Board
any non-compliance observed by him.] (5) The trustees
shall ensure that an asset management company has been diligent in
empanelling the brokers, in monitoring securities transactions with brokers
and avoiding undue concentration of business with any broker. (6) The trustees
shall ensure that the asset management company has not given any undue or
unfair advantage to any associates or dealt with any of the associates of the
asset management company in any manner detrimental to interest of the unitholders. (7) The trustees
shall ensure that the transactions entered into by the asset management
company are in accordance with these regulations and the scheme. (8) The trustees
shall ensure that the asset management company has been managing the mutual
fund schemes independently of other activities and have taken adequate steps
to ensure that the interest of investors of one scheme are not being
compromised with those of any other scheme or of other activities of the
asset management company. (9) The trustees
shall ensure that all the activities of the asset management company are in
accordance with the provisions of these regulations. (10) Where the
trustees have reason to believe that the conduct of business of the mutual
fund is not in accordance with these regulations and the scheme they shall
forthwith take such remedial steps as are necessary by them and shall
immediately inform the Board of the violation and the action taken by them. 14*[(11) Each trustee shall file the details of his transactions of
dealing in securities with the Mutual Fund on a quarterly basis.] (12) The
trustees shall be accountable for, and be
the custodian of, the funds and property of the respective schemes and shall
hold the same in trust for the benefit of the unit holders in accordance with
these regulations and the provisions of trust deed. (13) The
trustees shall take steps to ensure that the transactions of the mutual fund
are in accordance with the provisions of the trust deed. (14) The
trustees shall be responsible for the calculation of any income due to be
paid to the mutual fund and also of any income received in the mutual fund
for the holders of the units of any scheme in accordance with these
regulations and the trust deed. (15) The
trustees shall obtain the consent of the unitholders - (a) whenever required to
do so by the Board in the interest of the unit-holders; or (b) whenever
required to do so on the requisition made by three-fourths of the unit
holders of any scheme; or (c) when the
majority of the trustees decide to wind up or prematurely redeem the units;
or 15*[***] 16*[15A. The trustees shall ensure that no change in the fundamental
attributes of any scheme or the trust or fees and expenses payable or any
other change which would modify the scheme and affects the interest of unitholders, shall be carried
out unless, - (i) a written communication about the proposed
change is sent to each unitholder
and an advertisement is given in one English daily newspaper having
nationwide circulation as well as in a newspaper published in the language of
the region where the Head Office of the mutual fund is situated; and (ii) the unitholders are given an option to exit at the
prevailing Net Asset Value without any exit load.] (16) The trustees shall
call for the details of transactions in securities by the key personnel of
the asset management company in his own name or on behalf of the asset
management company and shall report to the Board, as and when required. (17) The
trustees shall quarterly review all transactions carried out between the
mutual funds, asset management company and its associates. (18) The
trustees shall 17*[quarterly] review the networth of the asset
management company and in case of any shortfall, ensure that the asset
management company make up for the shortfall as per clause (f) of
sub-regulation (1) of regulation 21. (19) The
trustees shall periodically review all service contracts such as custody
arrangements, transfer agency of the securities and satisfy itself that such contracts are
executed in the interest of the unitholders.
(20) The
trustees shall ensure that there is no conflict of interest between the
manner of deployment of its networth
by the asset management company and the interest of the unitholders. (21) The
trustees shall periodically review the investor complaints received and the redressal of the same by the
asset management company. (22) The
trustees shall abide by the Code of Conduct as specified in the Fifth
Schedule. (23) The
trustees shall furnish to the Board on a half yearly basis, - (a) a report on the
activities of the mutual fund; (b) a
certificate stating that the trustees have satisfied themselves that there
have been no instances of self dealing or front running by any of the trustees,
directors and key personnel of the asset management company; (c) a
certificate to the effect that the asset management company has been managing
the schemes independently of any other activities and in case any activities
of the nature referred to in sub-regulation (2) of regulation 24 have been
undertaken by the asset management company and has taken adequate steps to
ensure that the interest of the unitholders
are protected.
19*[(25)
Trustees shall exercise due diligence as under: General Due
Diligence: (i) the Trustees shall be discerning in the appointment
of the directors on the Board of the asset management company. (ii) Trustees
shall review the desirability of continuance of the asset management company
if substantial irregularities are observed in any of the schemes and shall
not allow the asset management company to float new schemes. (iii) The
trustee shall ensure that the trust property is properly protected, held and
administered by proper persons and by a proper number of such persons. (iv) The trustee
shall ensure that all service providers are holding appropriate registrations
from the Board or concerned regulatory authority. (v) The Trustees
shall arrange for test checks of service contracts. (vi) Trustees
shall immediately report to Board of any special developments in the mutual
fund. B. Specific Due Diligence:
The Trustees
shall: (i) obtain internal audit reports at regular intervals
from independent auditors appointed by the Trustees. (ii) obtain compliance certificates at
regular intervals from the asset management company. (iii) hold meeting of trustees more
frequently. (iv) consider the reports of the
independent auditor and compliance reports of asset management company at the
meetings of trustees for appropriate action. (v) maintain records of the decisions
of the Trustees at their meetings and of the minutes of the meetings. (vi) prescribe and adhere to a code of
ethics by the Trustees, asset management company and its personnel. (vii) communicate in writing to the
asset management company of the deficiencies and checking on the
rectification of deficiencies. (26) Notwithstanding
anything contained in sub-regulations (1) to (25), the trustees shall not be
held liable for acts done in good faith if they have exercised adequate due
diligence honestly. (27) The
independent directors of the trustees or asset management company shall pay
specific attention to the following, as may be applicable, namely:- (i) the
Investment Management Agreement and the compensation paid under the
agreement. (ii) service contracts with affiliates
- whether the asset management company has charged higher fees than outside
contractors for the same services. (iii) selection
of the asset management company's independent directors (iv) securities transactions involving
affiliates to the extent such transactions are permitted. (v) selecting and nominating
individuals to fill independent directors vacancies. (vi) code of ethics must be designed
to prevent fraudulent, deceptive or manipulative practices by insiders in
connection with personal securities transactions. (vii) the reasonableness of fees paid
to sponsors, asset management company and any others for services provided. (viii) principal underwriting contracts
and their renewals. any service contract with the associates of the asset
management company.] 10
Substituted for the following by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998 published in the Official Gazette of "At least 50 % of the trustees shall be independent persons and no such trustees shall be an associate or a subsidiary or associated in any manner with the sponsor." 11.. Following proviso deleted by
the SEBI (Mutual Fund) (Amendment) Regulations, 1998 published in the
Official Gazette of "Provided further if any trustee resigns or retires a new trustee shall be appointed within a period of three months with the prior approval of the Board." 12 Substituted for
the following by the SEBI (Investment Advise by Intermediaries) (Amendment)
Regulations, 2001, published in the Official Gazette of "appointed a compliance officer to comply with regulatory requirement and to redress investor grievances". 13. Clause "4a"
inserted by the SEBI (Investment Advise by Intermediaries) (Amendment)
Regulations, 2001, published in the Official Gazette of 14. Substituted
for the following by the SEBI (Mutual Fund) (Amendment) Regulations, 1999
published in the Official Gazette of "Each trustee shall file the details of his holdings in securities on a half yearly basis with the trust." 15. Following clause
(d) along with proviso deleted by the SEBI (Mutual Funds) (Second Amendment)
Regulations, 2000 published in the Official Gazette of "(d) when any change in the fundamental attributes of any scheme or the trust or fees and expenses payable or any other change which would modify the scheme or affect the interest of the unitholders is proposed to be carried out unless the consent of not less than three-fourths of the unit holders is obtained: 9a*[Provided that no such change shall be carried out unless three fourths of the unit holders have given their consent and the unit holders who do not give their consent are allowed to redeem their holdings in the scheme. Provided further that in case of an open ended scheme, the consent of the unitholders shall not be necessary if: (i) the change in fundamental attribute is carried out after one year from the date of allotment of units. (ii) the unitholders are informed about the proposed change in fundamental attribute by sending individual communication and an advertisement is given in English daily newspaper having nationwide circulation and in a newspaper published in the language of the region where the head office of the mutual fund is situated. (iii) the unitholders are given an option to exit at the prevailing Net Asset Value without any exit load] Explanation: For the purposes of this clause "fundamental attributes" means the investment objective and terms of a scheme." 16."Clause
15A" inserted by the SEBI (Mutual Fund) (Second Amendment) Regulations,
2000 published in the Official Gazette of 17.Substituted for
"continuously" by the SEBI (Mutual Fund) (Amendment) Regulations,
1998 published in the Official Gazette of 18"Clause
24" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998
published in the Official Gazette of 19. "Clause 25" inserted by the SEBI (Mutual
Fund) (Amendment) Regulations, 1999 published in the Official Gazette of CHAPTER IV Application by an asset management company 19. (1) The application for the approval of the asset management company shall be made in Form D. (2) The provisions of
regulations 5, 6 and 8 shall, so far as may be, apply to the
application made under sub-regulation (1) as they apply to the application
for registration of a mutual fund.
20. (1) The
sponsor or, if so authorised
by the trust deed, the trustee shall, appoint an asset management company,
which has been approved by the Board under sub-regulation (2) of regulation
21. (2) The appointment of an
asset management company can be terminated by majority of the trustees or by
seventy five per cent of the unit-holders of the scheme. (3) Any change
in the appointment of the asset management company shall be subject to prior
approval of the Board and the unitholders.
21. (1) For grant
of approval of the asset management company the applicant has to fulfil the following: - (a) in case the asset
management company is an existing asset management company it has a sound
track record, general reputation and fairness in transactions; Explanation: For
the purpose of this clause sound track record shall mean the networth and the profitability
of the asset management company. 20*[(aa) the asset
management company is a fit and proper person.] (b) the
directors of the asset management company are persons having adequate professional
experience in finance and financial services related field and not found
guilty of moral turpitude or convicted of any economic offence or violation
of any securities laws; (c) the key
personal of the asset management company21*[have not been found guilty of
moral turpitude or convicted of economic offence or violation of securities
laws] 22*[or worked] for any asset
management company or mutual fund or any intermediary23*[during the period when its]
registration has been suspended or cancelled at any time by the Board; (d) the board of
directors of such asset management company has at least fifty percent
directors, who are not associate of, or associated in any manner with, the
sponsor or any of its subsidiaries or the trustees; (e) the Chairman
of the asset management company is not a trustee of any mutual fund; (f) the asset
management company has a networth
of not less than rupees ten crores:
Provided that an
asset management company already granted approval under the provisions of
Securities and Exchange Board of India (Mutual Funds) Regulations, 1993 shall
within a period of twelve months from the date of notification of these
regulations increase its networth
to rupees ten crores. 24*[Provided that the period specified in the first proviso may be
extended in appropriate cases by the Board upto three years for reasons to be recorded in
writing. Provided further
that no new schemes shall be allowed to be launched or managed by such asset
management company till the net worth has been raised to Rupees ten crores]. 25*[Explanation: For the purposes of this clause, "net worth" means
the aggregate of the paid up capital and free reserves of the asset
management company after deducting therefrom
miscellaneous expenditure to the extent not written off or adjusted or
deferred revenue expenditure, intangible assets and accumulated losses]. (2) The Board may, after
considering an application with reference to the matters specified in
sub-regulation (1), grant approval to the asset management company.
22. The approval
granted under sub-regulation (2) of regulation 21 shall be subject to the
following conditions, namely: - (a) any director of the
asset management company shall not hold the office of the director in another
asset management company unless such person is an independent director referred
to in clause (d) of sub-regulation (1) of regulation 21 and approval of the
board of asset management company of which such person is a director, has
been obtained; (b) the asset management
company shall forthwith inform the Board of any material change in the
information or particulars previously furnished, which have a bearing on the
approval granted by it; (c) no
appointment of a director of an asset management company shall be made
without prior approval of the trustees; (d) the asset
management company undertakes to comply with these regulations; 26*[(e) no change in the controlling interest of the asset management
company shall be made unless, - (i) prior approval of the trustees and the Board is
obtained; (ii) a written
communication about the proposed change is sent to each unitholder and an advertisement is given in one
English daily newspaper having nationwide circulation and in a newspaper
published in the language of the region where the Head Office of the mutual
fund is situated; and (iii) the unitholders are given an option
to exit on the prevailing Net Asset Value without any exit load] 27*[Provided that in case of an open ended scheme, the consent of the unitholders shall not be
necessary if; (i) the change in control takes place after one
year from the date of allotment of units (ii) the unitholders are informed about the proposed change
in the controlling interest of asset management company by sending individual
communication and an advertisement is given in one English daily newspaper
having nationwide circulation and in a newspaper published in the language of
the region where the head office of the mutual fund is situated. (iii) the unitholders are given an option to exit at the
prevailing Net Asset Value without any exit load." (f) The asset management
company shall furnish such information and documents to the trustees as and
when required by the trustees.
23. Where an
application made under regulation 19 for grant of approval does not satisfy
the eligibility criteria laid down in regulation 21, the Board may reject the
application. Restrictions on business activities of the asset management company 24. The asset
management company shall (1) not act as a trustee
of any mutual fund; (2) not undertake
any other business activities except activities in the nature of 28*[portfolio management services]
management and advisory services to offshore funds, pension funds, provident
funds, venture capital funds, management of insurance funds, financial
consultancy and exchange of research on commercial basis if any of such
activities are not in conflict with the activities of the mutual fund; Provided that the
asset management company may itself or through its subsidiaries undertake
such activities if it satisfies the Board that the key personnel of the asset
management company, the systems, back office, bank and securities accounts
are segregated activity wise and there exist systems to prohibit access to
inside information of various activities. Provided further
that asset management company shall meet capital adequacy requirements, if
any, separately for each such activity and obtain separate approval, if necessary
under the relevant regulations.] (3) the asset management company
shall not invest in any of its schemes unless full disclosure of its
intention to invest has been made in the offer documents 29*[in case of schemes launched after
the notification of these regulations.] Provided that an
asset management company shall not be entitled to charge any fees on its
investment in that scheme.
25. (1) The asset
management company shall take all reasonable steps and exercise due diligence
to ensure that the investment of funds pertaining to any scheme is not
contrary to the provisions of these regulations and the trust deed. (2) The asset
management company shall exercise due diligence and care in all its
investment decisions as would be exercised by other persons engaged in the
same business. (3) The asset
management company shall be responsible for the acts of commissions or
omissions by its employees or the persons whose services have been procured
by the asset management company. (4) The asset
management company shall submit to the trustees
quarterly reports of each year on its activities and the compliance with
these regulations. (5) The trustees
at the request of the asset management company may terminate the assignment
of the asset management company at any time: Provided that
such termination shall become effective only after the trustees have accepted
the termination of assignment and communicated their decision in writing to
the asset management company. (6)
Notwithstanding anything contained in any contract or agreement or
termination, the asset management company or its directors or other officers
shall not be absolved of liability to the mutual fund for their acts of
commission or omissions, while holding such position or office. 30*[(6A)
The Chief Executive Officer (whatever his designation may be) of the asset
management company shall ensure that the mutual fund complies with all the
provisions of the regulations and the guidelines or circulars issued in
relation thereto from time to time and that the investments made by the fund
managers are in the interest of the unit holders and shall also be
responsible for the overall risk management function of the mutual fund. Explanation: For
the purpose of this sub-regulation, the words ‘these regulations’ shall mean
and include the Securities and Exchange Board of India (Mutual Funds)
Regulations, 1996 as amended from time to time. (6B) The fund
manager (whatever the designation may be) shall ensure that the funds of the
schemes are invested to achieve the objectives of the scheme and in the
interest of the unit holders.] 31*{(7) (a) An asset management company shall not through any broker
associated with the sponsor, purchase or sell securities, which is average of
5% or more of the aggregate purchases and sale of securities made by the
mutual fund in all its schemes. Provided that
for the purpose of this sub-regulation, aggregate purchase and sale of
securities shall exclude sale and distribution of units issued by the mutual
fund. Provided further
that the aforesaid limit of 5% shall apply for a block of any three months. (b) An asset management
company shall not purchase or sell securities through any broker [other than
a broker referred to in clause (a) of sub-regulation (7)] which is average of
5% or more of the aggregate purchases and sale of securities made by the
mutual fund in all its schemes, unless the asset management company has
recorded in writing the justification for exceeding the limit of 5% and
reports of all such investments are sent to the trustees on a quarterly
basis. Provided that
the aforesaid limit shall apply for a block of three months.} (8) An asset management
company shall not utilise
the services of the sponsor or any of its associates, employees or their
relatives, for the purpose of any securities transaction and distribution and
sale of securities: Provided that an
asset management company may utilise
such services if disclosure to that effect is made to the unit holders and
the brokerage or commission paid is also disclosed in the half yearly annual
accounts of the mutual fund. 32*[Provided further that the mutual funds shall disclose at the time of
declaring half-yearly and yearly results; (i) any underwriting obligations undertaken by the
schemes of the mutual funds with respect to issue of securities associate
companies, (ii) devolvement,
if any, (iii)
subscription by the schemes in the issues lead managed by associate companies
(iv) subscription to any issue of
equity or debt on private placement basis where the sponsor or its associate
companies have acted as arranger or manager]. (9) The asset management
company shall file with the trustees the details of transactions in
securities by the key personnel of the asset management company in their own
name or on behalf of the asset management company and shall also report to
the Board, as and when required by the Board. (10) In case the
asset management company enters into any securities transactions with any of
its associates a report to that effect shall be sent to the trustees 33*[***] 34*[at its next meeting]. (11) In case any
company has invested more than 5 per cent of the net asset value of a scheme,
the investment made by that scheme or by any other scheme of the same mutual
fund in that company or its subsidiaries shall be brought to the notice of
the trustees by the asset management company and be disclosed in the half
yearly and annual accounts of the respective schemes with justification for
such investment 35*[provided the latter investment
has been made within one year of the date of the former investment calculated
on either side.] (12) The asset
management company shall file with the trustees and the Board – (a) detailed bio-data of
all its directors along with their interest in other companies within fifteen
days of their appointment; and (b) any change in the interests of
directors every six months. 36*[(c) a quarterly report to the trustees giving details and adequate
justification about the purchase and sale of the securities of the group
companies of the sponsor or the asset management company as the case may be,
by the mutual fund during the said quarter.] 37*[(13) Each director of the Asset Management Company shall file
the details of his transactions of dealing in securities with the trustees on
a quarterly basis in accordance with the guidelines issued by the Board.] (14) The asset
management company shall not appoint any person as key personnel who has been
found guilty of any economic offence or involved in violation of securities
laws. (15) The asset
management company shall appoint registrars and share transfer agents who are
registered with the Board. Provided if the
work relating to the transfer of units is processed in-house, the charges at
competitive market rates may be debited to the scheme and for rates higher
than the competitive market rates, prior approval of the trustees shall be
obtained and reasons for charging higher rates shall be disclosed in the
annual accounts. (16) The asset
management company shall abide by the Code of Conduct as specified in the
Fifth Schedule. 26. (1) The mutual fund
shall appoint a custodian to carry out the custodial services for the schemes
of the fund and sent intimation of the same to the Board within fifteen days
of the appointment of the custodian. (2) No custodian
in which the sponsor or its associates hold 50% or more of the voting rights of
the share capital of the custodian or where 50% or more of the directors of
the custodian represent the interest of the sponsor or its associates shall
act as custodian for a mutual fund constituted by the same sponsor or any of
its associate or subsidiary company. 27. The mutual
fund shall enter into a custodian agreement with the custodian, which shall
contain the clauses, which are necessary for the efficient and orderly
conduct of the affairs of the custodian. Provided that the
agreement, the service contract, terms and appointment of the custodian shall
be entered into with the prior approval of the trustees. 20
Clause "aa"
inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published
in the Official Gazette of 21 "have not been found guilty of moral turpitude or convicted of economic offence or violation of securities laws" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette of India dated 12.01.1998. 22.
Substituted for "has not been working" by the SEBI (Mutual Fund)
(Amendment) Regulations, 1998, published in the Official Gazette of 23 Substituted for
"whose" by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official Gazette of 24
Proviso inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official Gazette of 25 Substituted for the following Explanation by
the SEBI (Mutual Fund) (Amendment) Regulations, 1999 published in the
Official Gazette of "Explanation for the purposes of this clause, "networth" means the paid up capital and free reserves of the company"
"(e) any change in controlling interest of the asset management company shall be only with prior approval of trustees, the Board and the unit holders. [Provided that in case of an open ended scheme, the consent of the unitholders shall not be necessary if: (i) the change in control takes place after one year from the date of allotment of units. (ii) the unit holders are informed about the proposed change in the controlling interest of asset management company by sending individual communication and an advertisement is given in one English daily newspaper having nationwide circulation and in a newspaper published in the language of the region where the head office of the mutual fund is situated. (iii) the unitholders are given an option to exit at the prevailing Net Asset Value without any exit load]
28 "portfolio management services" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1999 published in the Official Gazette dated 08.12.1999. 29. "in case of schemes launched after the notification of these regulations" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 30. Sub-regulation 6A
in regulation 25 was inserted by the SEBI (Mutual Funds) Regulations, 2003
published in the Official Gazette of 31. Substituted for the following sub regulation (7) by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998 "No asset management company shall deal in securities through any broker associated with the sponsor or a firm which is an associate of a sponsor beyond 5% of the daily gross business of the mutual fund." 32. Proviso inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1999 published in the Official Gazette dated 08.12.1999. 33.. "immediately" omitted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 34. "at its next meeting" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 35. Proviso inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 36. Clause (c) inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 37. Substituted for the following by the SEBI (Mutual Funds) (Second Amendment) Regulations, 2001, published in the Official Gazette dated 23.07.2001 "A statement of holdings in securities of the directors of the asset management company shall be filed with the trustees with the dates of acquisition of such securities at the end of each financial year". 38. Proviso inserted by the SEBI (Mutual Fund) (Amendment) Regulations,
2006, published in the Official Gazette dated 12.01.2006 CHAPTER V Procedure for launching of schemes 28. (1) No scheme shall be launched by the asset management company unless such scheme is approved by the trustees and a copy of the offer document has been filed with the Board. (2) Every mutual fund shall along with the offer document of each scheme pay filing fees as specified in the Second Schedule.
29. (1) The offer
document shall contain disclosures which are adequate in order to enable the
investors to make informed investment decision39*[including the disclosure on maximum investments proposed to be made
by the scheme in the listed securities of the group companies of the sponsor].
(2) The Board
may in the interest of investors require the asset management company to
carry out such modifications in the offer document as it deems fit. (3) In case no
modifications are suggested by the Board in the offer document within
21 40*[working] days from the date of
filing, the asset management company may issue the offer document. 41*[(4) No one shall issue any form of application for units of a mutual
fund unless the form is accompanied by the memorandum containing such
information as may be specified by the Board.] 42*[Nomination 29A (1) The asset management company shall provide an option to the unitholder to nominate, in the manner specified in Fourth Schedule, a person in whom the units held by him shall vest in the event of his death. (2) Where the units are held by more than one person jointly, the joint unitholders may together nominate a person in whom all the rights in the units shall vest in the event of death of all the joint unit holders. 30. (1) Advertisements in respect of every scheme shall be in conformity with the Advertisement Code as specified in the Sixth Schedule and shall be submitted to the Board within 7 days from the date of issue. (2) The
advertisement for each scheme shall disclose 43*[investment objective for each scheme] 31. The offer
document and advertisement materials shall not be misleading or contain any
statement or opinion, which are incorrect or false. Listing of close ended schemes 32. Every close
ended scheme shall be listed in a recognized stock exchange within six months
from the closure of the subscription. Provided that
listing of close ended scheme shall not be mandatory - (a) if the said scheme
provides for periodic repurchase facility to all the unitholders with restriction, if any, on the
extent of such repurchase; or (b) if the said
scheme provides for monthly income or caters to special classes of persons
like senior citizens, women, children, widows or physically handicapped or
any special class of persons providing for repurchase of units at regular
intervals; or (c) if the
details of such repurchase facility are clearly disclosed in the offer
document; or (d) if the said scheme opens for
repurchase within a period of six months from the closure of subscription.
33. (1) The asset
management company may at its option repurchase
or reissue the repurchased units of a close ended scheme. (2) The units of
close ended schemes referred to in the proviso to regulation 32 may be open
for sale or redemption at fixed pre-determined intervals if the maximum and
minimum amount of sale or redemption of the units and the periodicity of such
sale or redemption have been disclosed in the offer document 44*[******]. (3) The units of
close ended scheme may be converted into open ended scheme, - (a) if the offer document
of such scheme discloses the option and the period of such conversion; or 45*[(b) the unitholders
are provided with an option to redeem their units in full.] (4) A close ended scheme
shall be fully redeemed at the end of the maturity period 46*[***]. 47*[Provided that a close ended scheme may be allowed to be rolled over
if the purpose, period and other terms of the roll over and all other
material details of the scheme including the likely composition of assets
immediately before the roll over, the net assets and net asset value of the
scheme, are disclosed to the unitholders
and a copy of the same has been filed with the Board. Provided
further, that such roll over will be permitted only in case of those unitholders who express their
consent in writing and the unitholders
who do not opt for the roll over or have not given written consent shall be
allowed to redeem their holdings in full at net asset value based price.] 34. No scheme of
a mutual fund other than the 48*[initial] offering period of any
equity linked savings schemes shall be open for subscription for more than 45
days. Allotment of Units and refunds of moneys 35. (1) The asset
management company shall specify in the offer document, - (a) the minimum
subscription amount it seeks to raise under the scheme; and (b) in case of over subscription the
extent of subscription it may retain. Provided that
where the asset management company retains the over subscription referred to
in clause (b), all the applicants applying upto five thousand units shall be given full
allotment subject to the oversubscription mentioned in clause (b). (2) The mutual fund and
asset management company shall be liable to refund the application money to
the applicants, - (i) if the mutual fund fails to receive the minimum
subscription amount referred to in clause (a) of sub-regulation (1); (ii) if the moneys received from the
applicants for units are in excess of subscription as referred to in clause
(b) of sub-regulation (1). (3) Any amount refundable
under sub-regulation (2) shall be refunded within a period of six weeks from
the date of closure of subscription list, by Registered A.D and by cheque or demand draft marked
"A/C Payee" to the applicants. (4) In the event
of failure to refund the amounts within the period specified in
sub-regulation (3), the asset management company shall be liable to pay
interest to the applicants at a rate of fifteen percent per annum on the
expiry of six weeks from the date of closure of the subscription list.
36. The asset
management company shall issue to the applicant whose application has been
accepted, unit certificates or a statement of accounts specifying the number
of units allotted to the applicant as soon as possible but not later than six
weeks from the date of closure of the 49*[initial subscription list and or
from the date of receipt of the request from the unit holders in any open
ended scheme]. Provided that if
an applicant so desires, the asset management company shall issue the unit
certificates to the applicant within six weeks of the receipt of request for
the certificate. 37. (1) An unit certificate unless otherwise restricted or
prohibited under the scheme, shall be freely transferable by act of parties
or by operation of law. (2) The asset
management company shall, on production of instrument of transfer together
with relevant unit certificates, register the transfer and return the unit
certificate to the transferee within thirty days from the date of such
production. Provided that if the units
are with the depository such units will be transferable in accordance with
the provisions of the Securities and Exchange Board of India (Depositories
and Participants) Regulations, 1996. 38. No guaranteed
return shall be provided in a scheme, - (a) unless such returns
are fully guaranteed by the sponsor or the asset management company; (b) unless a
statement indicating the name of the person who will guarantee the return, is
made in the offer document; (c) the manner in which the guarantee
to be met has been stated in the offer document. 39. (1) A close-ended
scheme shall be wound up on the expiry of duration fixed in the scheme on the
redemption of the units unless it is rolled-over for a further period under
sub-regulation (4) of regulation 33. (2) A scheme of a mutual
fund may be wound up, after repaying the amount due to the unitholders, - (a) on the happening of
any event which, in the opinion of the trustees, requires the scheme to be
wound up; or (b) if seventy
five per cent of the unit holders of a scheme pass a resolution that the
scheme be wound up; or (c) if the Board so directs in the
interest of the unit-holders. (3) Where a scheme is to
be wound up under 50*[***] sub-regulation (2), the
trustees shall give notice disclosing the circumstances leading to the
winding up of the scheme: - (a) to the Board; and (b) in two daily newspapers having
circulation all over 40. On and from
the date of the publication of notice under clause (b) of sub-regulation (3)
of regulation 39, the trustee or the asset management company as the case may
be, shall- (a) cease to carry on any
business activities in respect of the scheme so wound up; (b) cease to
create or cancel units in the scheme; (c) cease to issue or redeem units in
the scheme.
41. (1) The trustee shall
call a meeting of the unit holders to approve by simple majority of the unit
holders present and voting at the meeting resolution for authorising the trustees or any other person to
take steps for winding up of the scheme. Provided that a
meeting of the unit holders shall not be necessary if the scheme is wound up
at the end of maturity period of the scheme. (2) (a) The trustee or the person authorised under sub-regulation (1) shall dispose
of the assets of the scheme concerned in the best interest of the unit
holders of that scheme. (b) The proceeds
of sale realised under
clause (a), shall be first utilised
towards discharge of such liabilities as are due and payable under the scheme
and after making appropriate provision for meeting the expenses connected
with such winding up, the balance shall be paid to the unit holders in
proportion to their respective interest in the assets of the scheme as on the
date when the decision for winding up was taken. (3) On the completion of
the winding up, the trustee shall forward to the Board and the unit holders a
report on the winding up containing particulars such as circumstances leading
to the winding up, the steps taken for disposal of assets of the fund before
winding up, expenses of the fund for winding up, net assets available for
distribution to the unitholders
and a certificate from the auditors of the fund. (4)
Notwithstanding anything contained in this regulation, the provisions of
these regulations in respect of disclosures of half yearly reports and annual
reports shall continue to be applicable 51*[until winding up is completed or
the scheme ceases to exist.] 42. After the
receipt of the report under sub-regulation (3) of Regulation 41, if the Board
is satisfied that all measures for winding up of the scheme have been
complied with, the scheme shall cease to exist. 39. "including the disclosure on
maximum investments proposed to be made by the scheme in the listed
securities of the group companies of the sponsor" inserted by the SEBI
(Mutual Fund) (Amendment) Regulations, 1998, published in the Official
Gazette of 40. "working" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 41. Sub-regulation (4)
inserted by the SEBI (Mutual Fund) Amendment Regulations, 1998, published in
the Official Gazette of 42. Regulation 29A
inserted by the SEBI (Mutual Fund) Amendment Regulations,
1998, published in the Official Gazette of 43. Substituted for
"in addition to the investment objective, the method and periodicity or
valuation of the investment, the method and periodicity of sales and
repurchases" by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official Gazette of 44. "without listing" deleted by
the SEBI (Mutual Fund)(Amendment) Regulations, 1998, published in the
Official Gazette of 45 Substituted for
the following clause (b) by the SEBI (Mutual Fund) (Amendment) Regulations,
1998, published in the Official Gazette of "The majority of the unitholders gives a consent to that effect." 46.. "unless a majority of the unitholders otherwise decide
for its rollover by passing a resolution" omitted by the SEBI (Mutual
Fund) (Amendment) Regulations, 1998, published in the Official Gazette of 47. Substituted for
the following proviso by the SEBI (Mutual Fund) (Amendment) Regulations,
1998, published in the Official Gazette of "Provided the unitholders not opting for the rollover shall be allowed to redeem their holdings in the scheme." 48. "initial" inserted by the
SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official
Gazette of 49. Substituted for
"subscription list" by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 50.
"sub-regulation (1) or" deleted by the SEBI (Mutual Fund)
(Amendment) Regulations, 1998, published in the Official Gazette of 51. "initial subscription list
and or from the date of receipt of the request from the unit holders in any
open ended scheme" inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of CHAPTER VI 43.52* (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)The 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 Investment, borrowing, restriction, etc. 44. (1) Any investments
to be made under regulation 43 shall be invested subject to the investment
restriction specified in the Seventh Schedule. 53* “Provided that
nothing in the Seventh Schedule shall apply to a gold exchange traded fund
scheme”. (2) The mutual fund shall not borrow except to meet temporary liquidity needs of the mutual funds for the purpose of repurchase, redemption of units or payment of interest or dividend to the unit holders. Provided that the mutual fund shall not borrow more than 20% of the net asset of the scheme and the duration of such a borrowing shall not exceed a period of six months. (3) The mutual fund shall not advance any loans for any purpose. 55*[(4) The mutual fund may lend securities in
accordance with the Stock Lending Scheme of the Board.] 56* “(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 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” 45. The funds of a scheme shall not in any manner be used in option trading or in short selling or carry forward transactions. 57*[Provided that mutual funds shall enter into derivatives transactions in a recognised stock exchange for the purpose of hedging and portfolio balancing, in accordance with the guidelines issued by the Board]. 46. Mutual funds may
enter into underwriting agreement after obtaining a certificate of
registration in terms of the Securities and Exchange Board of Explanation: (1) For the purpose of these regulations, the underwriting obligation will be deemed as if investments are made in such securities. (2) The capital adequacy norms for the purpose of underwriting shall be the net asset of the scheme. Provided that the underwriting obligation of a mutual fund shall not at any time exceed the total net asset value of the scheme.
47. Every mutual fund shall compute and carry out valuation of its investments in its portfolio and publish the same in accordance with the valuation norms specified in Eighth Schedule. Computation of Net Asset Value 48. (1) Every mutual fund shall compute the Net Asset Value of each scheme by dividing the net assets of the scheme by the number of units outstanding on the valuation date. (2) The Net Asset Value of the scheme shall be calculated and published at least in two daily newspapers at intervals of not exceeding one week: Provided that the Net Asset Value of any scheme for special target segment or any monthly income scheme which are not mandatorily required to be listed in any stock exchange under Regulation 32, may publish the Net Asset Value at monthly or quarterly intervals as may be permitted by the Board. 49. (1) The price at which the units may be subscribed or sold and the price at which such units may at any time be repurchased by the mutual fund shall be made available to the investors. (2) The
mutual fund, in case of open ended scheme, shall at least once a week publish
in a daily newspaper of all (3) While determining the prices of the units, the mutual fund shall ensure that the repurchase price is not lower than 93% of the Net Asset Value and the sale price is not higher than 107% of the Net Asset Value. Provided that the repurchase price of the units of a close ended scheme shall not be lower than 95% of the Net Asset Value: Provided further that the difference between the repurchase price and the sale price of the unit shall not exceed 7% calculated on the sale price. (4) The price of units shall be determined with reference to the last determined Net Asset Value as mentioned in sub-regulation (3) unless, (a) the scheme announces the Net Asset Value on a daily basis; and 58*[(b) the sale price is determined with or without a fixed premium added to the future net asset value which is declared in advance.] 52. Substituted
for the following by the SEBI (Mutual Fund) (Amendment) Regulations, 2006,
published in the Official Gazette of The moneys
collected under any scheme of a mutual fund shall be invested only in
transferable securities in the money market or in the capital market or in
privately placed debentures or securitised
debts. Provided that
moneys collected under any money market scheme of a mutual fund shall be
invested only in money market instruments in accordance with directions
issued by the Reserve Bank of Provided further that in case of securitised debts such fund may invest in asset backed securities 47*[and] mortgaged backed securities. Substituted for the word
"excluding" by the SEBI (Mutual Fund) (Second Amendment)
Regulations, 2000, published in the Official Gazette of 53* Proviso inserted by the SEBI (Mutual Fund) (Amendment) Regulation 2006, published in the Official Gazette dated 12.01.2006 54.
"Sub-regulation 1A" inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 55. Sub-regulation
(4) inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official Gazette of 56. Sub-regulation (5) inserted by the
SEBI (Mutual Fund) (Amendment) Regulations,2006, published in the Official Gazette of 57.. Proviso inserted
by the SEBI (Mutual Fund) (Amendment) Regulations, 1999 published in the
Official Gazette of 58. Substituted for the following clause (b) by
the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the
Official Gazette of "the sale price is determined by adding to the future Net Asset Value a fixed premium which is declared in advance" CHAPTER VII To maintain proper books of accounts and records, etc. 50. (1) Every asset management company for each scheme shall keep and maintain proper books of accounts, records and documents, for each scheme so as to explain its transactions and to disclose at any point of time the financial position of each scheme and in particular give a true and fair view of the state of affairs of the fund and intimate to the Board the place where such books of accounts, records and documents are maintained. (2) Every asset management company shall maintain and preserve for a period of 59*[eight] years its books of accounts, records and documents. (3) The asset management company shall follow the accounting policies and standards as specified in Ninth Schedule so as to provide appropriate details of the scheme wise disposition of the assets of the fund at the relevant accounting date and the performance during that period together with information regarding distribution or accumulation of income accruing to the unitholder in a fair and true manner. 51. The financial year for all the schemes shall end as of March 31 of each year. Provided that, for a new scheme commenced during a financial year, the disclosure and reporting requirements would apply for the period beginning from the date of its commencement and ending on March 31st of the 60*[that financial year]. Limitation on fees and expenses on issue of schemes 52. (1) All expenses should be clearly identified and appropriated in the individual schemes. (2) The Asset Management Company may charge the mutual fund with investment and advisory fees which are fully disclosed in the offer document subject to the following namely: - (i) One and a quarter of one per cent of the weekly average net assets outstanding in each accounting year for the scheme concerned, as long as the net assets do not exceed Rs. 100 crores, and (ii) One per cent of the excess amount over Rs. 100 crores, where net assets so calculated exceed Rs. 100 crores. (3) For schemes launched on a no load basis, the asset management company shall be entitled to collect an additional management fee not exceeding 1% of the weekly average net assets outstanding in each financial year. (4) In addition to the fees mentioned in sub-regulation (2), the asset management company may charge the mutual fund with the following expenses namely: - (a) initial expenses of launching schemes. (b) recurring expenses including:- (i) marketing and selling expenses including agents' commission, if any; (ii) brokerage and transaction cost; (iii) registrar services for transfer of units sold or redeemed; (iv) fees and expenses of trustees; (v) audit fees; (vi) custodian fees; and 61*[(vii) costs related to investor communication; (viii) costs of fund transfer from location to location; (ix) cost of providing account statements and dividend/redemption cheques and warrants; (x) insurance premium paid by the fund; (xi) winding up costs for terminating a fund or a scheme; (xii) costs
of statutory advertisements;] 62*
[***] 63* (xii-a) in case of a gold exchange traded fund scheme, recurring expenses incurred towards storage and handling of gold; and, 64*[(xiii) such other costs as may be approved by the Board.] (5) Any expense other than those specified in sub-regulation (2) and (4) shall be borne by the asset management company 65*[or trustee or sponsors]. Provided that initial expenses of floating the scheme shall not exceed six percent of the initial resources raised under that scheme and such expenses shall be accounted in the books of accounts of the scheme as specified in the Tenth Schedule. 66*[Provided further that any excess over the 6% initial issue expense shall be borne by the asset management company]. (6) The total expenses of the scheme excluding issue or redemption expenses, whether initially borne by the mutual fund or by the asset management company, but including the investment management and advisory fee shall be subject to the following limits: - (i) On the first Rs. 100 crores of the average weekly net assets 2.5% (ii) On the next Rs. 300 crores of the average weekly net assets 2.25% (iii) On the next Rs. 300 crores of the average weekly net assets 2.0% (iv) On the balance on the assets 1.75% Provided that such recurring expenses shall be lesser by at least 0.25% of the weekly average net assets outstanding in each financial year in respect of a scheme investing in bonds. Provided
further that in case of a fund of funds scheme, the total expenses of the
scheme including the management fees shall not exceed 0.75% of the daily on
weekly average net assets, depending upon whether the NAV of the scheme is
calculated on daily or weekly basis.
(7) Any expenditure in excess of the limits specified in sub-regulation (6) shall be borne by the asset management company 67*[or by the trustee or sponsors]. (8) The
provisions of sub-regulations (3), (4), (5) and (6) will come into effect68*[from
53. Every mutual fund and asset management company shall, (a) dispatch to the unitholders the dividend warrants within 69*[30 days] of the declaration of the dividend. (b) dispatch the redemption or repurchase proceeds within 10 working days from the date of redemption or repurchase. 70*[(c) In the event of failure to dispatch the redemption or repurchase proceeds within the period specified in sub-clause (b), the asset management company shall be liable to pay interest to the unitholders at such rate as may be specified by Board for the period of such delay. (d) Notwithstanding payment of such interest to the unitholders under sub-clause (c), the asset management company may be liable for penalty for failure to dispatch the redemption or repurchase proceeds within the stipulated time.] 54. Every mutual fund or the asset management company shall prepare in respect of each financial year an annual report and annual statement of accounts of the schemes and the fund as specified in Eleventh Schedule. 55. (1) Every mutual fund shall have the annual statement of accounts audited by an auditor who is not in any way associated with the auditor of the asset management company. Explanation: For the purposes of this sub-regulation and regulation 66 "auditor" means a person who is qualified to audit the accounts of a company under section 224 of the Companies Act, 1956 (1 of 1956). (2) An auditor shall be appointed by the trustees. (3) The auditor shall forward his report to the trustees and such report shall form part of the Annual Report of the mutual fund. (4) The auditor's report shall comprise of the following: - (a) a certificate to the effect that:- (i) he has obtained all information and explanations which, to the best of his knowledge and belief, were necessary for the purpose of the audit; (ii) the balance sheet and the revenue account give a fair and true view of the scheme, state of affairs and surplus or deficit in the Fund for the accounting period to which the Balance Sheet or, as the case may be the Revenue Account relates; (iii) the statement of account has been prepared in accordance with accounting policies and standards as specified in the Ninth Schedule. 71*[Mailing] of Annual Report and summary thereof 56. (1) The schemewise Annual Report of a mutual fund or an abridged summary thereof 72*[***73*(***) shall be mailed to all unitholders] as soon as may be possible but not later than six months from the date of closure of the relevant accounts year. (2) The Annual Report and abridged summary thereof shall contain details as specified in the Eleventh Schedule and such other details as are necessary for the purpose of providing a true and fair view of the operations of the mutual fund. 74*[Provided that the abridged scheme wise annual report mailed to unitholders need not contain full portfolio disclosure but must contain details on group company investments such as the name of the company, the amount of investment made in each company of the group by each scheme and the aggregate investments made by all schemes in the group companies of the sponsor. 75*(***)] (3) The report if 76*[mailed in abridged summary form as per sub regulation (1)] shall carry a note that 77*[for unitholders of a scheme] full Annual Report shall be available for inspection at the Head Office of the mutual fund and a copy thereof shall be made available to the unit holder on payment of such nominal fees as may be specified by the mutual fund.
57. Every
mutual fund 78*[***] shall within six months from
the date of closure of each financial year forward to the Board a copy of the
Annual Report and other information including details of investments and
deposits held by the mutual fund so that the entire scheme wise portfolio of
the mutual funds is disclosed to the Board. Periodic and continual disclosures 58. (1) The mutual fund, the asset management company, the trustee, custodian, sponsor of the mutual fund shall make such disclosures or submit such documents as they may be called upon to do so by the Board. (2) Without prejudice to the generality of sub-regulation (1), the mutual fund 79*[***] shall furnish the following periodic reports to the Board namely: - (a) copies of the duly audited annual statements of accounts including the balance sheet and the profit and loss account for the fund and in respect of each scheme, once a year; (b) a copy of six monthly unaudited accounts; (c) a quarterly statement of movements in net assets for each of the schemes of the fund; (d) a quarterly portfolio statement,
including changes from the previous periods, for each scheme. (3) No sale of units of any scheme of a mutual fund shall be made by the trustees or an asset management company unless accompanied by documents which contain information which is adequate for the investors to take an informed decision. 59. A mutual fund and asset management company shall before the expiry of 80*[one month] from the close of each half year that is on 31st March and on 30th September, publish its unaudited financial results in one English daily newspaper circulating in the whole of India and in a newspaper published in the language of the region where the Head Office of the mutual fund is situated. 81*[The half-yearly results must be printed in at least 7 point Times Roman font with proper spacing for easy reading.] Provided that the half-yearly unaudited report referred in this sub-regulation shall contain details as specified in Twelfth Schedule and such other details as are necessary for the purpose of providing a true and fair view of the operations of the mutual fund. 82*[59A. A mutual fund shall before the expiry of one month from the close of each half year (i.e., 31st March and 30th September), send to all unitholders a complete statement of its scheme portfolio. Provided that statement of scheme portfolio may not be sent to the unitholders, if the statement is published, by way of an advertisement, in one English daily circulating in the whole of India and in a newspaper published in the language of the region where the head office of the mutual fund is situated.] 60. The trustees shall be bound to make such disclosures to the unit holders as are essential in order to keep them informed about any information, which may have an adverse bearing on their investments. 59. Substituted for "ten years" by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 60. Substituted for "following year" by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 61 Clauses (vii) to (xii) inserted by SEBI (Mutual Fund) (Amendment) Regulations, 1998, or trustee or sponsors dated 12.01.1998. 62. “and” omitted by SEBI (Mutual Funds)
(Amendment) Regulations, 2006, published in the Official Gazette of India
dated 12.01.2006 63. Sub clause “xii-a” inserted by SEBI (Mutual Funds) (Amendment) Regulations, 2006, published in the Official Gazette of India dated 12.01.2006 64. Clause (vii) renumbered as sub clause (xiii) by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 65 "or trustee or sponsors" inserted by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 66. Proviso inserted by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 67 "or by the trustee or sponsors" inserted by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette dated 12.01.1998. 68. Substituted for "after three months from the date of notification of these regulations" by SEBI (Mutual Fund) Amendment Regulations, 1997, published in the Official Gazette dated 15.04.1997. 69. Substituted for "45 days" by SEBI (Mutual Fund) Amendment Regulations, 2001, published in the Official Gazette dated 23.07.2001. 70. Clauses (c) and (d) inserted by SEBI (Mutual Fund) Amendment Regulations, 2000, published in the Official Gazette dated 14.03.2000. 71. Substituted for
"Publication" inserted by SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 72. The sub-regulation (1) of regulation 56 as in SEBI (Mutual Fund) Regulations, 1996 read as follows "(1) The scheme wise Annual Report of a mutual fund or an abridged summary thereof shall be published through an advertisement as soon as may be possible but not later than six months from the date of closure of the relevant accounts year. "and an abridged scheme wise annual report shall be mailed to all unitholders" was inserted by SEBI (Mutual Fund) Amendment Regulations, 1998, published in the Official Gazette dated 12.01.1998. After which the regulation read as follows "(1) The scheme wise Annual Report of a mutual fund or an abridged summary thereof shall be published through an advertisement and an abridged scheme wise annual report shall be mailed to all unitholders as soon as may be possible but not later than six months from the date of closure of the relevant accounts year.
74. Proviso inserted
by SEBI (Mutual Fund) Amendment Regulations, 1998, published in the Official
Gazette of 75. Following part of
the proviso deleted by SEBI (Mutual Funds) (Amendment) Regulations, 2002
published in the Official Gazette of "provided further that full portfolio disclosure is not required if the full accounts are published in newspapers" 76. Substituted for
"if published in summary form", by SEBI (Mutual Funds) (Amendment)
Regulations, 2002 published in Official Gazette of 77. "for unitholders of a scheme" inserted by SEBI
(Mutual Fund) (Amendment) Regulations, 1998, published in Official Gazette of
78. "and asset management
company" deleted by SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in Official Gazette of 79."and asset management
company" deleted by SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in Official Gazette of 80. Substituted for
"two months" by SEBI (Mutual Funds) (Second Amendment) Regulations,
2001 published in Official Gazette of 81. "The half-yearly results must be printed in at least 7 point Times Roman font with proper spacing for easy reading" inserted by SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in Official Gazette of India dated 20.02.2002. 82 Regulation 59A was inserted by SEBI (Mutual Fund)
(Amendment) Regulations, 2000, published in the Official Gazette of CHAPTER VIII Board's right to inspect and investigation 61. (1) The Board may appoint one or more persons as inspecting officer to undertake the inspection of the books of accounts, records, documents and infrastructure, systems and procedures or to investigate the affairs of a mutual fund, the trustees and asset management company for any of the following purposes, namely: (a) to ensure that the books of accounts are being maintained by the mutual fund, the trustees and asset management company in the manner specified in these regulations; (b) to ascertain whether the provisions of the Act and these regulations are being complied with by the mutual fund, the trustees and asset management company; (c) to ascertain whether the systems, procedures and safeguards followed by the mutual fund are adequate; (d) to ascertain whether the provisions of the Act or any rules or regulations made thereunder have been violated; (e) to investigate into the complaints received from the investors or any other person on any matter having a bearing on the activities of the mutual funds, trustees and asset management company; (f) to suo-motu ensure that the affairs of the mutual fund, trustees or asset management company are being conducted in a manner which are in the interest of the investors or the securities market.
62. (1) Before ordering an inspection or investigation under regulation 61 the Board shall give not less than ten days notice to the mutual fund, asset management company or trustees as the case may be. (2) Notwithstanding anything contained in sub-regulation (1), where the Board is satisfied that in the interest of the investors no such notice should be given, it may, by an order in writing direct that such inspection or investigation be taken up without such notice. (3) During the course of inspection or investigation, the mutual fund, trustees or asset management company against whom the inspection or investigation is being carried out shall be bound to discharge his obligations as provided in regulation 63.
63. (1) It shall be the duty of the mutual fund, trustees or asset management company whose affairs are being inspected or investigated, and of every director, officer and employee thereof, to produce to the inspecting officer such books, accounts, records, and other documents in its custody or control and furnish him such statements and information relating to the activities as mutual funds, trustees or asset management company, as the inspecting officer may require, within such reasonable period as the inspecting officer may specify. (2) The mutual fund, trustees or asset management company shall allow the inspecting officer to have a reasonable access to the premises occupied by it or by any other person on its behalf and also extend reasonable facility for examining any books, records, documents, and computer data in the possession of the mutual fund, trustees and asset management company or such other person and also provide copies of documents or other materials which in the opinion of the inspecting officer are relevant for the purpose of the inspection. (3) The inspecting officer, in the course of inspection or investigation, shall be entitled to examine or record the statements of any director, officer, or employee of the mutual fund, trustees and asset management company. (4) It shall be the duty of every director, officer, or employee of the mutual fund, asset management company or trustee to give to the inspecting officer all assistance in connection with the inspection or investigation, which the inspecting officer may reasonably require.
64. The inspecting officer shall, as soon as possible, on completion of the inspection or investigation submit a report to the Board: Provided that if directed to do so by the Board, he may submit interim reports. 83*[Action on inspection or investigation report 65. The Board or the Chairman shall after consideration of inspection or investigation report take such action as the Board or chairman may deem fit and appropriate including action under the Securities and Exchange Board of India (Procedure for Holding Enquriy by Enquiry Officer and Imposing Penalty) Regulations, 2002.] 66. Without prejudice to the provisions of regulation 55, the Board shall have the power to appoint an auditor to inspect or investigate, as the case may be, into the books of accounts or the affairs of the mutual fund, trustee or asset management company: Provided that the Auditor so appointed shall have the same powers of the inspecting officer as stated in Regulation 61 and the obligation of the mutual fund, asset management company, trustee, and their respective employees in regulation 63, shall be applicable to the investigation under this regulation. Payment of inspection fees to the Board 67. The Board shall be entitled to recover such expenses including fees paid to the auditors as may be incurred by it for the purposes of inspecting the books of accounts, records and documents of the mutual fund, the trustees and the asset management company. 83. Following regulation
65 was substituted by SEBI (Procedure for Holding Enquriy by Enquiry Officer and Imposing Penalty)
Regulations, 2002 published in the Official Gazette of Communications of findings, etc. 65. (1) The Board shall, after consideration of the inspection report or investigation report referred to in regulation 64, communicate the findings of the inspecting officer to the mutual fund, trustees or asset management company as the case may be, and give him an opportunity of being heard: Provided
that if any proceedings under Chapter VIII are initiated the procedure under
Chapter VIII shall be followed.
(2) On receipt of the reply if any, from the mutual fund, trustees or asset management company, as the case may be, the Board may call upon the trustees or asset management company to take such measures as the Board may deem fit in the interest of the investors, securities market and for due compliance with the provisions of these regulations.
84*[Liability for action in case of default 68. A mutual fund which –
Explanation – For the purpose of this clause "unfair trade practices" has the same meaning as in the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 1995; (i) is guilty of misconduct or improper or unbusinesslike or unprofessional conduct sepcified in the Fifth Schedule; (j) asset management company fails to maintain the net worth in accordance with the provisions of regulation 21; (k) fails to pay fees; (l) violates the conditions of registration (m) mutual fund, asset management company or trustees of that mutual fund does not carry out its obligations as specified in these regulations,shall be deal with in the manner provided under the Securities and Exchange Board of India (Procedure for Holding Enquriy by Enquiry Officer and Imposing Penalty) Regulations, 2002.] 85*[******] 75. The Board may initiate action for suspension or cancellation of registration of an intermediary holding a certificate of registration under section 12 of the Act who fails to exercise due diligence or to comply with the obligations under these regulations: Provided that no such certificate of registration shall be suspended or cancelled unless the procedure specified in the regulations applicable to such intermediary is complied with. 76. (1) The Board may for the offences specified in sections 15 A to 15 E of the Act initiate action under section 15 I of the Act and in case of violation of any of the provisions of the Act or the regulations, initiate action under sections 11, 11B or section 24 of the Act. (2) The Board may in addition to suspension or cancellation of certificate, order suspension of launching of any scheme of a mutual fund for a period not exceeding one year for violation of any of the provisions of these regulations after following procedure under this Chapter. (3) The Board may during the pendency of any proceeding of suspension or cancellation under this Chapter also order suspension for launching of any scheme not exceeding three months without following procedure under this Chapter. Provided that
no order shall be passed without giving an opportunity of hearing. 84. Following regulation
68 was substituted by SEBI (Procedure for Holding Enquriy by Enquiry Officer and Imposing Penalty)
Regulations, 2002 published in the Official Gazette of Suspension of certificate 68. The Board may suspend a certificate granted to a mutual fund if such mutual fund : - (a) contravenes any of the provisions of the Act and these regulations; (b) fails to furnish any information or furnishes wrong information relating to its activity as a mutual fund as required under these regulations; (c) fails to submit periodical returns as required under these regulations; (d) does not co-operate in any inquiry or inspection conducted by the Board; (e) fails to comply with any directions of the Board issued under the provisions of the Act or the regulations; (f) fails to resolve the complaints of the investors or fails to give a satisfactory reply to the Board in this behalf; (g) indulges in unfair trade practices in securities; Explanation:
For the purpose of this clause "unfair trade practices" has the
same meaning as in Securities & Exchange Board of (h) is guilty of misconduct or improper or unbusinesslike or unprofessional conduct which is not in accordance with the Code of Conduct specified in the Fifth Schedule; (i) asset management company fails to maintain the networth in accordance with the provisions of regulation 21; (j) fails to pay any fees; (k) violates the conditions of registration; (l) mutual fund, asset management company or trustees of that mutual fund does not carry out its obligations as specified in these regulations. 85. Following regulations
69 to 74 were omitted by SEBI (Procedure for Holding Enquriy by Enquiry Officer and Imposing Penalty)
Regulations, 2002 published in the Official Gazette of Cancellation of certificate 69. The Board may cancel the certificate of registration granted to a mutual fund, if such mutual fund (a) is guilty of fraud, or has been convicted of an economic offence; (b) has been guilty of repeated defaults of the nature specified in regulation 68; (c) the mutual fund, asset management company, trustee of that mutual fund indulges in price manipulation or price rigging or cornering activities affecting the securities market and the investors interest; (d) the financial position of the mutual fund deteriorates to such an extent that the Board is of the opinion that its continuance is not in the interest of unitholders and other mutual funds.
70. No order of suspension or cancellation of certificate or the approval, as the case may be, shall be made by the Board against a mutual fund, trustees, asset management company except after holding an enquiry in accordance with the procedure specified in regulation 71. Manner of holding enquiry before suspension or cancellation 71. (1) For the purpose of holding an enquiry, under regulation 70 the Board may appoint one or more enquiry officers. (2) The enquiry officer shall issue to the mutual fund, asset management company or the trustee, as the case may be, at its registered office or the principal place of its business, a notice setting out the grounds on which action is proposed to be taken against it and calling upon it to show cause against such action within a period of fourteen days from the date of receipt of the notice. (3) The mutual fund, asset management company or trustee shall within fourteen days of the date of receipt of such notice, furnish to the enquiry officer a written reply, together with copies of documentary or other evidence relied on by it or sought by the Board from the mutual fund, trustees, or asset management company. (4) The enquiry officer shall give a reasonable opportunity of hearing to the mutual fund, trustees, or asset management company, to enable it to make submissions in support of its reply made under sub-regulation (3). (5) Before the enquiry officer, the mutual fund, trustees or asset management company may either appear in person or through any person duly authorised by the mutual fund, trustees or asset management company. Provided that no lawyer or advocate shall be permitted to represent the mutual fund, trustees or asset management company at the enquiry: Provided further that where a lawyer or an advocate has been appointed by the Board as a presenting officer under sub-regulation (6), it shall be lawful for the mutual fund, asset management company or trustee to present its case through a lawyer or advocate. (6) The enquiry officer may if he considers it necessary, ask the Board to appoint a presenting officer to present its case. (7) The enquiry officer shall, after taking into account all relevant facts and submissions made by the mutual fund, trustees or asset management company submit a report to the Board and recommend the action, if any, to be taken against the mutual fund, trustees or asset management company as also the grounds on which the penal action is justified.
72. (1) On receipt of the report from the enquiry officer, the Board shall consider the same and issue to the mutual fund, trustees or asset management company, a show-cause notice. (2) The mutual fund, asset management company or trustee, shall within fourteen days of the date of the receipt of the show-cause notice, send a reply to the Board. (3) The Board, after considering the reply of the mutual fund, trustees or asset management company, if any, shall as soon as possible pass such order as it deems fit. (4) The Board shall send to the mutual fund, trustees, or asset management company, a copy of the order made under sub-regulation (3).
73. (1) On and from the date of the suspension of the certificate or the approval, as the case may be, the mutual fund, trustees or asset management company, shall cease to carry on any activity as a mutual fund, trustee or asset management company, during the period of suspension, and shall be subject to the directions of the Board with regard to any records, documents, or securities that may be in its custody or control, relating to its activities as mutual fund, trustees or asset management company. (2) On and from the date of cancellation of the certificate or the approval, as the case may be, the mutual fund, trustees or asset management company shall with immediate effect, cease to carry on any activity as mutual fund, trustees or asset management company, as the case may be. (3) The Board may in the interest of the unit holders issue directions with regard to the transfer of any records, documents or securities that may be in its custody or control, relating to its activities as mutual fund, trustees or asset management company. (4) The Board may in order to protect the interest of the unit holders order the transfer of records, document, securities, etc. to any person specifically appointed for the purpose or to any other trustee or asset management company. Provided that the Board shall while appointing such a person determine the terms and conditions of such an appointment.
74. The order of suspension or cancellation passed under sub-regulation (3) of regulation 72, may be published by the Board in two newspapers. Power of the Board to issue clarifications 77. In order to remove any difficulties in the application or interpretation of these regulations, the Board shall have the power to issue clarifications and guidelines in the form of notes or circulars which shall be binding on the sponsor, mutual funds, trustees, asset management companies and custodians. 78. (1) The Securities
& Exchange Board of (2) Notwithstanding such repeal: (a) anything done or any action taken or purported to have been done or taken, including registration or approval granted, fees collected, scheme announced, registration or approval, suspended or cancelled, any inquiry or investigation commenced under the said regulations, shall be deemed to have been done or taken under the corresponding provisions of these regulations; (b) any application made to the Board under the said regulations and pending before it shall be deemed to have been made under the corresponding provisions of these regulations; (c) any appeals preferred to the Central Government under the said regulations and pending before it shall be deemed to have been preferred under the corresponding provisions of these regulations. F.NO. SEBI/LE/23/96 SECURITIES AND EXCHANGE BOARD OF APPLICATION FOR THE GRANT OF REGISTRATION OF MUTUAL FUND NAME OF APPLICANT ______________________________________________________________ CONTACT PERSON/ __________________________________ NAME OF THE COMPLIANCE OFFICER TELEPHONE NO. : ______________________
FAX NO. INSTRUCTION FOR FILLING UP FORM:- 1. Applicants must submit a completed application form together with appropriate supporting documents to the Board. 2. It is important that this application form should be filled in accordance with the regulations. 3. An application which is not complete is liable to be rejected. 4. Answers must be typed and legible. 5. Information which needs to be supplied in more details may be given on separate sheets which should be attached to the application form. 6. The application must be signed by the competent person having authority to do so and all signatures must be in original. APPLICATION BY SPONSOR OF THE MUTUAL FUND FOR REGISTRATION 1] NAME OF THE SPONSOR 2] ADDRESS OF THE REGISTERED TELEPHONE NOS. TELEX NOS. FAX NOS. 3] NAME OF THE CONTACT PERSON 4] DATE AND PLACE OF 5] OBJECTS OF THE SPONSOR MAIN OBJECTS ANCILLARY OBJECTS 6] CAPITAL STRUCTURE AND 7] PRESENT LINE OF BUSINESS NUMBER OF YEARS IN THAT LINE 8] CONDENSED FINANCIAL INFORMATION 9] ACCOUNTING POLICIES 10] SYSTEMS AND PROCEDURES 11] NAMES OF THE ASSOCIATE 12] MANAGEMENT OF THE SPONSOR Names of key personnel Organisational structure Board of Directors of associate organisations, 13] NAMES AND ADDRESSES OF THE 14] NAMES AND ADDRESSES OF THE 15] COURT CASES/LITIGATIONS IN WHICH 16] AN APPLICATION FOR REGISTRATION OF
MUTUAL FUND A) DRAFT TRUST DEED; B) DRAFT INVESTMENT MANAGEMENT AGREEMENT; AND C) DRAFT CUSTODIAN AGREEMENT (A) INCOME STATEMENT Dividend EXPENSES: Director's
remuneration Gross Profit Depreciation (B) ASSETS AND LIABILITIES
YEARS
(Rs) Fixed Assets LESS Current Liabilities
and REPRESENTED BY: Issued and Paid up
capital TOTAL *provide full particulars of investments FORM
B CERTIFICATE OF REGISTRATION In exercise of the powers conferred by
Section 30 of the Securities and Exchange Board of II. Registration Code for the Mutual Fund is MF/ / / Date By order Sd/-
TRUSTEESHIP OF THE MUTUAL FUND 1] IF THE TRUSTEESHIP OF THE MUTUAL [a] the draft
Articles and Memorandum [b] Objects of the Trust Company [c] Board of
Directors of the trustee [d] Key personnel [e] Systems and
procedures, record [f] Names of auditors and bankers 2] IF THE TRUSTEESHIP OF THE MUTUAL [a] Name of the Institution [b] Address/telephone/telex/fax nos [c] Name of the contact person [d] Background
information i.e. (number 3] IF THE TRUSTEESHIP OF THE MUTUAL
FUND IS WITH [a] Names of the
members of the Board [b] Age, experience,
qualification [c] Relationship of
the members of the 4] DRAFT TRUST DEED The draft trust deed should inter alia [a]
Responsibilities, obligations and [b] A statement that
investments should [c]
Responsibilities, obligations and [d] Policies for
investments, creation, [e] Policies for
disclosures of scheme [f] Right of the trustees to obtain [g] Right to make
spot checks on the [h] Public availability of the trust deed 5] INSTRUCTION FOR FILLING UP THE FORM FORM
D ASSET MANAGEMENT COMPANY 1] NAME OF THE ASSET MANAGEMENT COMPANY 2] PROPOSED REGISTERED OFFICE/ TELEPHONE NOS. TELEX NOS. FAX NOS. 3] NAME OF THE CONTACT PERSON 4] PROPOSED OBJECTS OF THE ASSET
MANAGEMENT COMPANY MAIN OBJECTS ANCILLARY OBJECTS 5] a] PROPOSED CAPITAL STRUCTURE b] THE NET WORTH OF THE COMPANY 6] PROPOSED SYSTEMS AND PROCEDURES 7] NAMES OF THE ASSOCIATE 8] MANAGEMENT OF THE ASSET MANAGEMENT
COMPANY IN CASE ASSET MANAGEMENT COMPANY IS AN EXISTING COMPANY 1] NAME OF THE ASSET MANAGEMENT COMPANY 2] ADDRESS OF THE REGISTERED TELEPHONE NOS. TELEX NOS. FAX NOS. 3] NAME OF THE CONTACT PERSON 4] DATE AND PLACE OF INCORPORATION OF THE ASSET MANAGEMENT
COMPANY 5] OBJECTS OF THE ASSET MANAGEMENT
COMPANY MAIN OBJECTS ANCILLARY OBJECTS 6] CAPITAL STRUCTURE AND NET WORTH OF THE COMPANY TO BE REPRESENTED BY 7] PRESENT LINE(S) OF BUSINESS 8] CONDENSED FINANCIAL INFORMATION 9] ACCOUNTING POLICIES 10] SYSTEMS AND PROCEDURES 11] NAMES OF THE ASSOCIATE 12] MANAGEMENT OF THE ASSET MANAGEMENT
COMPANY 13] NAMES AND ADDRESSES OF THE 14] NAMES AND ADDRESSES OF THE 15] COURT CASES/LITIGATIONS IN 16] INSTRUCTION FOR FILLING UP THE FORM CONDENSED FINANCIAL INFORMATION (A) INCOME STATEMENT
YEARS
(Rs) Dividend EXPENSES: Director's
remuneration (B) ASSETS AND LIABILITIES
YEARS
(Rs) Fixed Assets CURRENT ASSETS LESS Current Liabilities
and NET WORTH REPRESENTED BY: TOTAL *provide full particulars of investments SECOND
SCHEDULE FEES I. A. APPLICATION FEES PAYABLE BY MUTUAL FUNDS Rupees Twenty five Thousand B. REGISTRATION FEES PAYABLE BY MUTUAL FUNDS Rupees Twenty-Five lacs C. SERVICE FEES PAYABLE BY MUTUAL FUNDS Rupees Two lacs Fifty-Thousand D. FILING FEES FOR OFFER DOCUMENT RupeesTwenty-Five Thousand II. The fees referred to in clause I above, shall be paid by means of a bank draft payable to `The Securities and Exchange Board of India' at Mumbai. THIRD
SCHEDULE CONTENTS OF THE TRUST DEED The Trust Deed shall contain the following clauses namely:- 1. i) A trustee in carrying out his responsibilities as a member of the Board of Trustees or of trustee company, shall maintain arms' length relationship with other companies, or institutions or financial intermediaries or any body corporate with which he may be associated. ii) No trustee shall participate in the meetings of the Board of Trustees or trustee company when any decisions for investments in which he may be interested are taken. iii) All the trustees shall furnish to the board of trustees or trustee company particulars of interest which he may have in any other company, or institution or financial intermediary or any corporate by virtue of his position as director, partner or with which he may be associated in any other capacity. 2. Minimum number of trustees must be mentioned in the Trust Deed. 3. The Trust Deed must provide that the trustees shall take into their custody, or under their control all the property of the schemes of the mutual fund and hold it in trust for the unitholders. 4. The Trust Deed must specifically provide that unitholders would have beneficial interest in the trust property to the extent of individual holding in respective schemes only. 5. The Trust Deed shall provide that it would be the duty of the trustees to act in the interest of the unit holders. 6. The Trust Deed shall provide that it is the duty of trustees to provide or cause to provide information to unitholders and Board as may be specified by the Board. 7. The Trust Deed shall provide that the trustees shall appoint an asset management company approved by the Board, to float schemes for the mutual fund after approval by the trustees and Board, and manage the funds mobilised under various schemes, in accordance with the provisions of the Trust Deed and Regulations. The trustees shall enter into an Investment Management Agreement with the asset management company for this purpose, and shall enclose the same with the Trust Deed. 8. The Trust Deed shall provide for the duty of the trustee to take reasonable care to ensure that the funds under the schemes floated by and managed by the asset management company are in accordance with the Trust Deed and Regulations. 9. The Trust Deed must provide for the power of the trustees to dismiss the asset management company under the specific events only with the approval of Board in accordance with the Regulations. 10. The Trust Deed shall provide that the trustees shall appoint a custodian and shall be responsible for the supervision of its activities in relation to the mutual fund and shall enter into a Custodian Agreement with the custodian for this purpose. 11. The Trust Deed shall provide that the auditor for the mutual fund shall be different from the Auditor of the asset management company. 12. The Trust Deed shall provide for the responsibility of the trustees to supervise the collection of any income due to be paid to the scheme and for claiming any repayment of tax and holding any income received in trust for the holders in accordance with the Trust Deed, Regulations. 13. Broad policies regarding allocation of payments to capital or income must be indicated in the Trust Deed. 14. The Trust Deed shall also explicitly forbid the acquisition of any asset out of the trust property which involves the assumption of any liability which is unlimited or shall not result in encumbrance of the trust property in any way. 15. The Trust Deed shall forbid the
mutual fund 86*[***] to make or guarantee loans or take up any activity not in
contravention of the Regulations. 16. Trusteeship fee, if any, payable to
trustees shall be provided in the Trust Deed. 17. The Trust Deed shall provide that no
amendment to the Trust Deed shall be carried out without the prior approval
of the Board and unitholders
is obtained. Provided however that in case a Board of
trustees is converted into a trustee company subsequently such conversion
shall not require the approval of unitholders.
18. The removal of the trustee in all
cases would require the prior approval of the Board. 19. The Trust Deed shall lay down the
procedure for seeking approval of the unitholders
under such circumstances as are specified in the Regulations. 87*[88*(20. The Trust Deed shall
state that a meeting of the trustees shall be held atleast once in every two calendar months and at
least six such meetings shall be held in every year) 21. The trust deed shall specify the
quorum for a meeting of the trustees. Provided that the quorum for a meeting of
the trustees shall not be constituted unless one independent trustee or
director is present at the meeting. 22. The trust deed shall state that the
minimum number of trustees shall be four.] 86.
"and the asset
management company" deleted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 87.
Clauses 20, 21 and 22 inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1999 published in the Official Gazette of 88. Substituted
for the following clause by the SEBI (Mutual Fund) (Third Amendment)
Regulations, 2002 published in the Official Gazette of "The trust deed shall state that a meeting of the trustees shall be held at least once in every three months and at least four such meetings shall be held in every year." FOURTH
SCHEDULE CONTENTS OF THE INVESTMENT MANAGEMENT AGREEMENT The Investment Management Agreement shall
contain the following provisions for the duties and responsibilities of the
asset management company namely:- i) the asset management company appointed by the
trustees with the prior approval of the Board shall be responsible for
floating schemes for the mutual fund after approval of the same by the
trustees and managing the funds mobilised
under various schemes, in accordance with the provisions of the Trust Deed
and Regulations; ii) the asset management company shall not
undertake any other business activity other than activities specified
under 89*[sub-regulation (2) of
regulation 24] and management of mutual funds and such other activities as
financial services consultancy, exchange of research and analysis on
commercial basis as long as these are not in conflict with the fund
management activity itself without the prior approval of the trustees and
Board; iii) the asset management company shall
invest the funds raised under various schemes in accordance with the
provisions of the Trust Deed and the Regulations; iv) the asset management company shall not
acquire any of the assets out of the scheme property which involves the assumption
of any liability which is unlimited or which may result in encumbrance of the
scheme property in any way; v) the asset management company shall
not 90*[***] take up any activity in
contravention of the Regulations; vi) no loss or damage or expenses incurred
by the asset management company or Officers of asset management company or
any person delegated by the asset management company, shall be met out of the
trust property; vii) the asset management company shall
ensure that no 91*[offer document of a scheme,
key information memorandum, abridged half yearly results and annual results]
is issued or published without the trustees' prior approval in writing, and
contains any statement or matter extraneous to the Trust Deed or Offer
Document scheme particulars approved by the trustees and Board; 92*[vii-a) the asset management company shall provide an option of
nomination to the unitholders
in terms of regulation 29A, in the form prescribed hereunder". "FORM FOR NOMINATION / CANCELLATION
OF NOMINATION I / We ___________ and
____________________ * do hereby nominate the person more particularly
described hereunder/ and / cancel the nomination made by me / us on the
___________ day of ___________ in respect of the units bearing No.
__________ . Name and Address of Nominee Name: ……………………………………………………………………. Address: …………………………………………………………………. Date of Birth: ……………………………………………………………. *The Nominee is a minor whose guardian is:
………………………… Address of the Guardian ……………………………………………… .………………………………………………………………………………
Signature of the guardian:
……………………………………………… Unit holder (s) 1) Signature:
……………………………….. 2) Signature: ……………………………… Instructions: 1. The nomination can be made only by
individuals applying for / holding units on their own behalf singly or
jointly. Non-individuals including society, trust, body corporate,
partnership firm, Karta
of Hindu Undivided Family, holder of Power of Attorney cannot nominate.
If the units are held jointly, all joint holders will sign the nomination
form. Space is provided as a specimen, if there are more joint holders more
sheets can be added for signatures of holders of units and witnesses. 2. A minor can be nominated and in that
event, the name and address of the guardian of the minor nominee shall be
provided by the unit holder. 93* “Nomination can also be in favour of the Centarl Government, State Government, a local authority, any person designed by virtue of his office or a religious or charitable trust.” 3. The Nominee shall not be a trust, 94*
[other than a religious or charitable trust, society] society, body
corporate, partnership firm, Karta
of Hindu Undivided Family or a Power of Attorney holder. A non-resident
Indian can be a Nominee subject to the exchange controls in force, from time
to time. 4. Nomination in respect of the units stands
rescinded upon the transfer of units. 5. Transfer of units in favour of a Nominee shall be
valid discharge by the asset management company against the legal heir. 6. The cancellation of nomination can be
made only by those individuals who hold units on their own behalf singly or
jointly and who made the original nomination. 7. On cancellation of the nomination, the
nomination shall stand rescinded and the asset management company shall not
be under any obligation to transfer the units in favour of the Nominee.] viii) the asset management company shall
disclose the basis of calculating the repurchase price and NAV of the various
schemes of the fund in the scheme particulars and disclose the same to the
investors at such intervals as may be specified by the trustees and Board; ix) the trustees shall have the right to
obtain from the asset management company all information concerning the
operations of the various schemes of the mutual fund managed by the asset
management company at such intervals and in such a manner as required by the
trustees to ensure that the asset management company is complying with the
provisions of the Trust Deed, and Regulations; x) the asset management company shall
submit quarterly report on the functioning of the schemes of the mutual fund
to the trustees or at such intervals as may be required by the trustees or
Board; xi) the
trustee shall have the power to dismiss the asset management company under
the specific events only with the approval of Board in accordance with the
Regulations. 89.
Substituted for "regulation 23" by the SEBI (Mutual Fund)
(Amendment) Regulations, 1998, published in the Official Gazette of 90
"give or guaruntee
loans or" omitted by the SEBI (Mutual Fund) (Amendment) Regulations,
1998, published in the Official Gazette of 91. Substituted for "application form or sales literature or other printed matter issued to prospective buyers, or advertisements or report and / or announcement (other than an announcement of prices and yeilds) addressed to the general body of unitholders, or to the press, or other communications media" by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette of India dated 12.01.1998. 92.
"Clause vii - a)" inserted by the SEBI (Mutual Fund) (Third
Amendment) Regulations, 2002, published in the Official Gazette of 93. Proviso inserted by SEBI (Mutual Fund)
(Amendment) Regulations, 2004, published in the Official Gazette of India
dated 12.01.2004 94. Inserted by SEBI (Mutual Funds) (Amendment) Regulations, 2004,
published in the Official Gazette of India dated 12.01.2004 FIFTH
SCHEDULE CODE OF CONDUCT 1. Mutual fund schemes should not be organised, operated, managed or
the portfolio of securities selected, in the interest of sponsors, directors
of asset management companies, members of Board of trustees or directors of
trustee company, associated persons 95*[as] in the interest of
special class of unitholders
rather than in the interest of all classes of unitholders of the scheme. 2. Trustees and asset management companies
must ensure the dissemination to all unitholders
of adequate, accurate, explicit and timely information fairly presented in a
simple language about the investment policies, investment objectives,
financial position and general affairs of the scheme. 3. Trustees and asset management companies
should avoid excessive concentration of business with broking firms,
affiliates and also excessive holding of units in a scheme among a few
investors. 4. Trustees and asset management companies
must avoid conflicts of interest in managing the affairs of the schemes and
keep the interest of all unitholders
paramount in all matters. 5. Trustees and asset management companies
must ensure schemewise
segregation of 96*[bank accounts] and securities
accounts. 6. Trustees and asset management companies
shall carry out the business and invest in accordance with the investment
objectives stated in the offer documents and take investment decision solely
in the interest of unitholders.
7. Trustees and asset management companies
must not use any unethical means to sell; market or induce any investor to
buy their schemes. 97*[8. Trustees and the asset management company shall maintain high
standards of integrity and fairness in all their dealings and in the conduct
of their business (9) Trustees and the asset management
company shall render at all times high standards of service, exercise due
diligence, ensure proper care and exercise independent professional judgment.
(10) The asset management company shall
not make any exaggerated statement, whether oral or written, either about
their qualifications or capability to render investment management services
or their achievements]. 98*[(11) (a) The sponsor of the mutual fund, the trustees or the asset
management company or any of their employees shall not render, directly or
indirectly any investment advice about any security in the publicly
accessible media, whether real – time or non real-time, unless a disclosure
of his interest including long or short position in the said security has
been made, while rendering such advice. (b) In case, an employee of the sponsor,
the trustees or the asset management company is rendering such advice, he
shall also disclose the interest of his dependent family members and the
employer including their long or short position in the said security, while
rendering such advice.] 95. Substituted for "or" by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette of Inida dated 12.01.1998. 96. Substituted for "bank accounts" by the SEBI (Mutual Fund)( Amendment) Regulations, 1998, published in the Official dated 12.01.1998. 97.
Clauses 8, 9 and 11 inserted by the SEBI (Mutual Fund) (Amendment) Regulations,
1999 published in the Official Gazette of 98.
Clause 11 inserted by the SEBI (Investment Advise by Intermediaries)
(Amendment) Regulations, 2001, published in the Official Gazette of SIXTH
SCHEDULE ADVERTISEMENT CODE 1. An advertisement shall be truthful,
fair and clear and shall not contain a statement, promise or forecast which
is untrue or misleading. 2. An advertisement shall be considered to
be misleading if it contains - (a) Misleading Statements:- Representations made about the
performance or activities of the mutual fund in the absence of necessary
explanatory or qualifying statements, and which may give an exaggerated
picture of the performance or activities, than what it really is. (b) An inaccurate portrayal of a past
performance or its portrayal in a manner which implies that past gains or
income will be repeated in the future. (c) Statements promising the benefits of
owning units or investing in the schemes of the mutual funds without
simultaneous mention of material risks associated with such investments. 3. The advertisement shall not be so designed
in content and format or in print as to be likely to be misunderstood, or
likely to disguise the significance of any statement. Advertisements shall
not contain statements which directly or by implication or by omission may
mislead the investor. 4. The sales literature may contain only
information, the substance of which is included in the Funds' current
advertisements in accordance with this Code. 5. Advertisements shall not be so framed
as to exploit the lack of experience or knowledge of the investors. As the
investors may not be sophisticated in legal or financial matters, care should
be taken that the advertisement is set forth in a clear, concise, and
understandable manner. Extensive use of technical or legal terminology or
complex language and the inclusion of excessive details which may detract the
investors should be avoided. 6. The advertisement shall not contain
information, the accuracy of which is to any extent dependent on assumptions.99*[Any advertisement that makes
claims about the performance of the fund shall be supported by relevant
figures.] 7. The advertisement shall not compare one
fund with another, implicitly or explicitly, unless the comparison is fair
and all information relevant to the comparison is included in the
advertisement. 8. The Funds which advertises yield must
use standardised
computations such as annual dividend on face value, annual yield on the
purchase price, and annual compounded rate of return. 9. Mutual funds shall indicate in all
advertisements, the names of the Settlor,
Trustee, Manager and or Financial Advisor to the Fund, bringing out clearly
their legal status and liability of these entities 100*[***]. 101*[9A. All advertisements containing information
regarding performance, advertising yield, return or any scheme detail or inviting
subscription to the scheme shall contain disclosures of all the risk
factors.] 10. All advertisements shall also make a
clear statement to the effect that all mutual funds and securities
investments are subject to market risks, and there can be no assurance that
the fund's objectives will be achieved. 11. If however, in any Advertisement a
mutual fund guarantees or assures any minimum rate of return or yield to
prospective investors, resources to back such a guarantee shall also be
indicated. 12. If any existing mutual fund indicates
the past performance of the fund in advertisements, the basis for computing
the rates of return/yield and adjustments made (if any) must be expressly
indicated with a statement that, such information is not necessarily
indicative of future results and may not necessarily provide a basis for
comparison with other investments. 102*[Any advertisement containing information regarding
performance, NAV, yield or returns shall give such data for the past three
years, wherever applicable]. 13. All advertisements 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
the NAV of the schemes may go up or down depending upon the factors and
forces affecting the securities market. 14. All advertisement launched in
connection with the scheme should also disclose prominently the risks factors
as stated in the offer document along with the following warning statements
:- (a) ...... is only the name of the scheme
and does not in any manner indicate either the quality of the scheme, its
future prospects or returns; and, (b) please
read the offer document before investing. 103*[14A. Any advertisement reproducing or purporting
to reproduce any information contained in a offer document shall reproduce such information
in full and disclose all relevant facts and not be restricted to select
extracts relating to that item which could be misleading. 14B. No celebrities shall form part of the
advertisement.] 15. No name can be given to a scheme with a
view to subtly indicate any assurance of return, except in the cases of
guaranteed return scheme in accordance with regulation 38. 16. No advertisement shall be issued
stating that the scheme has been subscribed or oversubscribed during the period
the scheme is open for subscription. 17. If a corporate advertisement is issued
by the sponsor or any of the companies in the Group, or an associate company
of the sponsor during the subscription period, no reference shall be made to
the scheme of the mutual fund or mutual fund itself; otherwise it will be
treated as an issue advertisement. 18. If a corporate advertisement of a
sponsor issued prior to the launch of a scheme makes a reference to the
mutual fund sponsored by it or any of its schemes launched/to be launched, it
shall contain a statement to the effect that the performance of the sponsor
has no bearing on the expected performance of the mutual fund or any of its
schemes. 19. Advertisements on the performance of a
mutual fund or its Asset management company shall compare the past
performances only on the basis of per unit of statistics as per these
Regulations. Advertisements for NAVs
must indicate the past as well as the latest NAV of a scheme. The yield
calculations will be made as provided in these regulations. 99.
"Any advertisement that makes claims about the performance of the fund
shall be supported by relevant figures" inserted by the SEBI (Mutual
Fund) (Amendment) Regulations, 1999 published in the Official Gazette of 100. "distinction
between each of them, both legally
and in terms of their functions, responsibilities and obligations"
deleted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in
the Official Gazette of 101.
"Clause 9A" inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 102
"Any advertisement containing information regarding performance, NAV,
yield or returns shall give such data for the past three years, wherever
applicable" inserted by the SEBI (Mutual Fund) (Amendment) Regulations,
1999 published in the Official Gazette of 103 "Clause 14A
& 14B" inserted by the SEBI (Mutual Fund) (Amendment) Regulations,
1999 published in the Official Gazette of SEVENTH
SCHEDULE RESTRICTIONS ON INVESTMENTS 104*{1. A mutual fund scheme shall not invest more than
15% of its NAV in debt instruments issued by a single issuer which are rated
not below investment grade by a credit rating agency authorised to carry out such activity under the
Act. Such investment limit may be extended to 20% of the NAV of the scheme
with the prior approval of the Board of Trustees and the Board of asset
management company. Provided that such limit shall not be
applicable for investments in government securities and money market
instruments. 105*[Provided further that investment within such limit
can be made in mortgaged backed securitised
debt which are rated not below investment grade by a credit rating agency
registered with the Board.] 1A. A mutual fund scheme shall not invest
more than 10% of its NAV in unrated debt instruments issued by a single
issuer and the total investment in such instruments shall not exceed 25% of
the NAV of the scheme. All such investments shall be made with the prior
approval of the Board of Trustees and the Board of asset management company.}
2. No mutual fund under all its schemes
should own more than ten per cent of any company's paid up capital carrying
voting rights. 3. Transfers of investments from one
scheme to another scheme in the same mutual fund shall be allowed only if, - (a) such
transfers are done at the prevailing market price for quoted instruments on
spot basis. 106*[Explanation - "spot basis" shall have
same meaning as specified by stock exchange for spot transactions.] (b) the
securities so transferred shall be in conformity with the investment
objective of the scheme to which such transfer has been made. 4. A scheme may invest in another scheme
under the same asset management company or any other mutual fund without
charging any fees, provided that aggregate interscheme investment made by all schemes under
the same management or in schemes under the management of any other asset
management company shall not exceed 5% of the net asset value of the mutual
fund. 107*["Provided that this clause shall not apply to
any fund of funds scheme.] 5. The initial issue expenses in respect
of any scheme may not exceed six per cent of the funds raised under that
scheme. 6. Every mutual fund shall buy and sell securities
on the basis of deliveries and shall in all cases of purchases, take delivery
of relative securities and in all cases of sale, deliver the securities and
shall in no case put itself in a position whereby it has to make short sale
or carry forward transaction or engage in badla finance. 108*[Provided that mutual funds shall enter into
derivatives transactions in a recognised
stock exchange for the purpose of hedging and portfolio balancing, in
accordance with the guidelines issued by the Board.] 7. Every mutual fund shall, get the
securities purchased or transferred in the name of the mutual fund on account
of the concerned scheme, wherever investments are intended to be of long term
nature. 8. Pending deployment of funds of a scheme
in securities in terms of investment objectives of the scheme a mutual fund
can invest the funds of the scheme in short term deposits of scheduled
commercial banks. 109*{9. No mutual fund 110*[scheme] shall make any
investment in; (a) any unlisted security of an associate
or group company of the sponsor; or (b) any security issued by way of private
placement by an associate or group company of the sponsor; or (c) the listed securities of group
companies of the sponsor which is in excess of 25% of the net assets 111*[***]} 112*[9A. No scheme of a mutual fund shall make any
investment in any fund of fund scheme.] 113*{10. No mutual fund scheme shall invest more than
10 per cent of its NAV in the equity shares or equity related instruments of
any company. Provided that, the limit of 10 per cent
shall not be applicable for investments 114*[in case of] index fund or
sector or industry specific scheme. 115*[11.A mutual fund scheme shall not invest more than
5% of its NAV in the unlisted equity shares or equity related instruments in
case of open ended scheme and 10% of its NAV in case of close ended scheme.]}
116*[12. A fund of funds scheme shall be subject to the
following investment restrictions: a. A fund of funds scheme shall not invest
in any other fund or funds scheme; b. A fund of funds scheme shall not invest
its assets other than in schemes of mutual funds, except to the extent of
funds required for meeting the liquidity requirements for the purpose of
repurchases or redemptions, as disclosed in the offer document of fund of
funds scheme. 104
Substituted for the following "clause 1" by the SEBI (Mutual Fund)
(Amendment) Regulations, 1999 published in the Official of "Investment in debt instruments should be only in rated debt instruments not below investment grade rated by a credit rating agency authorised to carry such activity under the Act. Provided that the debt instrument is not rated, the specific approval of the Board of asset management company should be taken for investment." 105. Proviso inserted by
the SEBI (Mutual Funds) (Second Amendment) Regulations, 2000, published in
the Official of 106.
Explanation inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official of 107. Proviso to
clause 4 in Schedule VII was inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 2003, published in the Official of 108.
Proviso inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1999,
published in the Official of 109
Clause (9) inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official of 110.
"scheme" inserted
by the SEBI (Mutual Fund) (Amendment) Regulations, 1999, published in the
Official of 111.
"of all the schemes of
a mutual fund" deleted by the SEBI(Mutual Fund) (Amendment) Regulations,
1999, published in the Official of 112. Clause 9A in
Schedule VII was inserted by theSEBI
(Mutual Fund) (Amendment) Regulations, 2003, published in the Official of 113
Clauses 10 & 11 inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1999, published in the Official of 114 Substituted for
"in" by the SEBI (Mutual Fund) (Amendment) Regulations, 1999,
published in the Official of 115
Substituted for the following clause 11 by the SEBI (Mutual Fund) (Second
Amendment) Regulations, 2000, published in the Official of "11. A mutual fund scheme shall not invest more than 5% of its NAV in the 103a*[unlisted] equity shares or equity related 103b*[instruments] in case of open ended scheme and 10% of its NAV in case of close ended scheme." 103a. unlisted insertedby
the SEBI (Mutual Fund) (Amendment) Regulations, 1999, published in the
Official of 103b. Substituted for
"investments" by the SEBI (Mutual Fund) (Amendment) Regulations,
1999, published in the Official of 116.Clause 12 in Schedule VII was inserted
by the SEBI (Mutual Fund) (Amendment) Regulations, 2003, published in
the Official of EIGHTH
SCHEDULE INVESTMENT VALUATION NORMS Mutual Fund shall value its investments
according to the following valuation norms: NAV of a scheme as determined by dividing
the net assets of the scheme by the number of outstanding units on the
valuation date. 1. Traded Securities:- (i)
The securities shall be valued at the last quoted closing price on the stock
exchange. (ii) When the securities are traded on
more than one recognised
stock exchange, the securities shall be valued at the last quoted closing
price on the stock exchange where the security is principally traded. It
would be left to the asset management company to select the appropriate stock
exchange, but the reasons for the selection should be recorded in writing.
There should however be no objection for all scrips being valued at the prices quoted on the
stock exchange where a majority in value
of the investments are principally traded. (iii) Once a stock exchange has been
selected for valuation of a particular security, reasons for change of the
exchange shall be recorded in writing by the asset management company. (iv) When on a particular valuation day, a
security has not been traded on the selected stock exchange; the value at
which it is traded on another stock exchange may be used. (v) When a security is not traded on any
stock exchange on a particular valuation day, the value at which it was traded
on the selected stock exchange or any other stock exchange, as the case may
be, on the earliest previous day may be used provided such date is not more
than 117*[thirty] days prior to the
valuation date. 2. `Non-traded Securities':- (i)
When a security is not traded on any stock exchange for a period of 118*[thirty] days prior to the
valuation date, the scrip must be treated as a `non-traded' scrip. (ii) Non-traded securities shall be valued
"in-good faith" by the asset management company on the basis of
appropriate valuation methods based on the principles approved by the Board
of the asset management company. Such decision of the Board must be
documented in the Board minute and the supporting data in respect of each
security so valued must be preserved. The methods used to arrive at values
"in-good faith" shall be periodically reviewed by the trustees and
reported upon by the auditors as "fair and reasonable" in their
report on the annual accounts of the fund. For the purpose of valuation of
non-traded securities, the following principles should be adopted:- (a) equity instruments shall generally be
valued on the basis of capitalization of earnings solely or in combination
with the net asset value, using for the purposes of capitalization, the price
or earning ratios of comparable traded securities and with an appropriate
discount for lower liquidity; (b) debt instruments shall generally be
valued on a yield to maturity basis, the capitalization factor being
determined for comparable traded securities and with an appropriate discount
for lower liquidity; 119*[(c) while investments in call money, bills
purchased under rediscounting scheme and short term deposits with banks shall
be valued at cost plus accrual; other money market instruments shall be
valued at the yield at which they are currently traded. For this purpose,
non-traded instruments that is instruments not traded for a period of seven
days will be valued at cost plus interest accrued till the beginning of the
day plus the difference between the redemption value and the cost spread
uniformly over the remaining maturity period of the instruments; (cc) government securities will be valued
at yield to maturity based on the prevailing market rate.] (d) In respect of convertible debentures
and bonds, the non-convertible and convertible components shall be valued
separately. The non-convertible component should be valued on the same basis
as would be applicable to a debt instrument. The convertible component should
be valued on the same basis as would be applicable to an equity instrument.
If, after conversion the resultant equity instrument would be traded pari passu with an existing instrument which is traded,
the value of the latter instrument can be adopted after an appropriate
discount for the non-tradability of the instrument during the period
preceding the conversion. While valuing such instruments, the fact whether
the conversion is optional should also be factored in; (e) In respect of warrants to subscribe
for shares attached to instruments, the warrants can be valued at the value
of the share which would be obtained on exercise of the warrant as reduced by
the amount which would be payable on exercise of the warrant. A discount
similar to the discount to be determined in respect of convertible debentures
(as referred to in sub-paragraph (d) above) must be deducted to account for
the period which must elapse before the warrant can be exercised; (f) Where instruments have been bought on
`repo' basis, the
instrument must be valued at the resale price after deduction of applicable
interest upto date of
resale. Where an instrument has been sold on a `repo' basis, adjustment must be made for the
difference between the repurchase price (after deduction of applicable
interest upto date of
repurchase) and the value of the instrument. If the repurchase price exceeds
the value, the depreciation must be provided for and if the repurchase price
is lower than the value, credit must be taken for the appreciation. 3. Until they are traded, the value of the
"rights" shares should be calculated as: Vr =n x (Pex
– Pof) m Where Vr = Value of rights n = no. of rights offered m = no. of original shares held Pex = Ex-rights price Pof = Rights Offer Price Where the rights are not treated pari-passu with the existing
shares, suitable adjustment should be made to the value of rights. Where it
is decided not to subscribe for the rights but to renounce them and
renunciations are being traded, the rights can be valued at the renunciation
value. 4. All expenses and incomes accrued upto the valuation date shall
be considered for computation of net asset value. For this purpose, while
major expenses like management fees and other periodic expenses should be
accrued on a day to day basis, other minor expenses and income need not be so
accrued, provided the non-accrual does not affect the NAV calculations by
more than 1%. 5. Any changes in securities and in the
number of units be recorded
in the books not later than the first valuation date following the date of
transaction. If this is not possible given the frequency of the Net Asset
Value disclosure, the recording may be delayed upto a period of seven days following the date of
the transaction, provided that as a result of the non-recording, the Net
Asset Value calculations shall not be affected by more than 120*[1%]. 121*[6. In case the Net Asset Value of a scheme
differs by more than 1%, due to non - recording of the transactions, the
investors or scheme/s as the case may be, shall be paid the difference in
amount as follows:- (i)
If the investors are allotted units at a price higher than Net Asset Value or
are given a price lower than Net Asset Value at the time of sale of their
units, they shall be paid the difference in amount by the scheme. (ii) If the
investors are charged lower Net Asset Value at the time of purchase of their
units or are given higher Net Asset Value at the time of sale of their units,
asset management company shall pay the difference in amount to the scheme.
The asset management company may recover the difference from the investors.] 122*[6.Thinly traded securities as defined in the
guidelines shall be valued in the manner as specified in the guidelines
issued by the Board 7. The aggregate value of illiquid
securities as defined in the guidelines shall not exced 15% of the total assets of the scheme and
any illiquid securities held above 15% of the total assets shall be valued in
the manner as specified in the guidelines issued by Board] 117. Substituted
for the word "sixty", by the SEBI (Mutual Funds) (Amendment)
Regulations, 2001, published in the Official Gazette of 118 Substituted for the word "sixty",
by the SEBI (Mutual Funds)(Amendment) Regulations, 2001, published in the
Official Gazette of 119. Substituted
for Clause c by the SEBI (Mutual Fund) (Amendment) Regulations, 1999,
published in the Official of 120.
Substituted for "2" by the SEBI (Mutual Fund) (Amendment)
Regulations, 1999, published in the Official of 121
"Clause 6" inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1999, published in the Official of 122.
"Clauses 6 & 7" inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1999, published in the Official of NINTH
SCHEDULE ACCOUNTING POLICIES AND STANDARDS a. For the purposes of the financial
statements, mutual fund shall mark all investments to market and carry
investments in the balance sheet at market value. However, since the unrealised gain arising out of
appreciation on investments cannot be distributed, provision has to be made
for exclusion of this item when arriving at distributable income. b. Dividend income earned by a scheme
should be recognised, not
on the date the dividend is declared, but on the date the share is quoted on
an ex-dividend basis. For investments which are not quoted on the stock
exchange, dividend income must be recognised
on the date of declaration. c. In respect of all interest-bearing
investments, income must be accrued on a day to day basis as it is earned.
Therefore when such investments are purchased, interest paid for the period
from the last interest due date upto
the date of purchase must not be treated as a cost of purchase but must be
debited to Interest Recoverable Account. Similarly, interest received at the
time of sale for the period from the last interest due date upto the date of sale must not
be treated as an addition to sale value but must be credited to Interest
Recoverable Account. d. In determining the holding cost of
investments and the gains or loss on sale of investments, the "average
cost" method must be followed. e. Transactions for purchase or sale of
investments should be recognised
as of the trade date and not as of the settlement date, so that the effect of
all investments traded during a financial year are recorded and reflected in
the financial statements for that year. Where investment transactions take
place outside the stock market, for example, acquisitions through private
placement or purchases or sales through private treaty, the transaction should
be recorded, in the event of a purchase, as of the date on which the scheme
obtains in enforceable obligation to pay the price or, in the event of a
sale, when the scheme obtains an enforceable right to collect the proceeds of
sale or an enforceable obligation to deliver the instruments sold. f. Bonus shares to which the scheme
becomes entitled should be recognised
only when the original shares on which the bonus entitlement accrues are
traded on the stock exchange on an ex-bonus basis. Similarly, rights
entitlements should be recognised
only when the original shares on which the right entitlement accrues are
traded on the stock exchange on an ex-rights basis. 123*[g. Where income receivable on investments has
accrued but has not been received for the period specified in the guidelines
issued by the Board, provision shall be made by debiting to the revenue
account the income so accrued in the manner specified by guidelines issued by
the Board.] h. When in the case of an open-ended
scheme units are sold, the difference between the sale price and the face
value of the unit, if positive, should be credited to reserves and if
negative is debited to reserve, the face value being credited to Capital
Account. Similarly, when in respect of such a scheme, units are repurchased, the difference
between the purchase price and face value of the unit, if positive should be
debited to reserves and, if negative, should be credited to reserves, the face
value being debited to the capital account. i. In the case of an open-ended scheme, when units
are sold an appropriate part of the sale proceeds should be credited to an Equalisation Account and when
units are repurchased an appropriate amount should be debited to Equalisation Account. The net
balance on this account should be credited or debited to the Revenue Account.
The balance on the Equalisation
Account debited or credited to the Revenue Account should not decrease or increase
the net income of the fund but is only an adjustment to the distributable
surplus. It should therefore be reflected in the Revenue Account only after
the net income of the fund is determined. j. In a close-ended scheme which provide
to the unit holders the option for an early redemption or repurchase their
own units, the par value of the unit has to be 124*[debited] to Capital Account
and the difference between the purchase price and the par value, if positive,
should be 125*[credited]
to reserves and, if negative, should be 126*[debited] to reserves. A
proportionate part of the unamortized initial issue expenses should also be
transferred to the reserves so that the balance carried forward on that
account is proportional to the number of units remaining outstanding. k. The cost of investments acquired or
purchased should include brokerage, stamp charges and any charge customarily
included in the broker's bought note. In respect of privately placed debt
instruments any front-end discount offered should be reduced from the cost of
the investment. l. Underwriting commission should be recognised as revenue only when
there is no devolvement on the scheme. Where there is devolvement on the
scheme, the full underwriting commission received and not merely the portion
applicable to the devolvement should be reduced from the cost of the
investment. 123. Substituted
for the following "clause g" by the SEBI (Mutual Funds) (Amendment)
Regulations, 2001 published in the Official Gazette of "Where income receivable on investments has been accrued and has not been received for a period of 12 months beyond the due date, provision should be made by debit to the revenue account for the income so accrued and no further accrual of income should be made in respect of such investment." 124. Substituted for
"credited" by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official Gazette of 125. Substituted for "debited" by the
SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official
Gazette of 126.
Substituted for "credited" by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of
INITIAL ISSUE EXPENSES Accounting treatment with regard to
initial issue expenses:- (a) Asset management companies may launch
schemes either on a "load" or
"no-load basis", or on a mixed basis with two classes
of units in the same scheme-one with load and the other without load,
provided that the implications of such load on the NAV for the investors
shall be clearly explained through a worked-out example in the offer document.
Asset Management Company may also launch "partial load" schemes in
which a part of the load would be borne by the asset management companies and
the balance by the scheme. However such schemes will not qualify to be
"no load" schemes and would be treated in the same manner as
"load" schemes. In case of a no load scheme, the initial issue
expenditure shall be borne by the Asset Management Company 127*[Trustee Company or Sponsor].
(b) For a closed-ended scheme floated on a
`load' basis, the initial issue expenses shall be amortised on a weekly basis over the period of the
scheme. Provided that in case the schemes provides
for partial redemption during the life of the scheme, the amortisation shall take into account the number of
outstanding units and the aggregate amount during the relevant periods. (c) For open-ended schemes floated on a
`load' basis, the initial issue expenses may be amortised over a period not exceeding five years.
Issue expenses incurred during the life of
an open-ended schemes shall not be amortised. (d) In case of closed-ended and open-ended
schemes floated on a `load' basis, the unamortised
portion of the expenses shall be included in the calculation of the NAV. However,
such portion shall not be included in the NAV for the purposes of determining
the asset management company's investment management and advisory fees or for
determining the limitation of expenses under regulation 51 of these
regulations. (e) For schemes floated on a `no-load'
basis, the asset management company may levy an additional management fee not
exceeding 1% of the NAV. The asset management company may be entitled to levy
a contingent deferred sales charge for redemption during the first four years
after purchase, not exceeding 4% of the redemption proceeds in the first
year, 3% in the second year, 2% in the third year and 1% in the fourth year. All subsequent distribution charges must
in the case of load schemes shall be borne by the scheme and in the case of
no-load schemes borne by the asset management company. 127.
"Trustee Company or Sponsor" inserted by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of
ANNUAL REPORT 1. Annual Report The annual report shall contain - (i) Report of the Board of Trustees on the operations of the various schemes of the fund and the fund as a whole during the year and the future outlook of the fund; (ii) Balance Sheet and Revenue Account in accordance with paras 2, 3 and 4 respectively of this schedule; (iii) Auditor's Report in accordance with the paragraph 5 of this Schedule; (iv) Brief statement of the Board of Trustees on the following aspects, namely:- (a) Liabilities and responsibilities of the Trustees and the Settlor; (b) Investment objective of each scheme; (c) Basis and policy of investment underlying the scheme; (d) If the scheme permits investment partly or wholly in shares, bonds, debentures and other scrips or securities whose value can fluctuate, a statement on the following lines: "The price and redemption value of the units, and income from them, can go up as well as down with the fluctuations in the market value of its underlying investments;" (e) Comments of the Trustees on the performance of the scheme, with full justification. (v) Statement giving relevant perspective historical 'per unit' statistics in accordance with paragraph 6 of this schedule; (vi) Statement on the following lines: "On written request, present and prospective unit holder / investors can obtain copy of the trust deed, the annual report 129*[at a price] and the text of the relevant scheme." 2. Following accounting policies shall be followed by Mutual Funds for the preparation of accounts: i. The realised gains or losses on sale or redemption of investment, as well as unrealised appreciation or depreciation shall be recognised in all financial statements. For the purpose of all financial statements, all investments shall be marked to market and investments shall be carried out in the balance sheet at market value. However, till necessary guidance notes are issued by the Institute of Chartered Accountants of India to their members, in the above matter, investments may be continued to be valued at cost, with the market value shown separately and the reconciliation statement for the changes in investments valued in the two different ways, shall be provided. Where the financial statement are prepared on a marked to market basis, there need not be a separate provision for depreciation. Since unrealised gain arising out of appreciation on investments cannot be distributed, provision has to be made for its exclusion and for calculating distributable income. ii. Non-traded investments shall be valued in good faith in accordance with the norms specified in Seventh Schedule. iii. For quoted shares, the dividend income earned by a scheme shall be recognised, not on the date the dividend is declared, but on the date the share is quoted on an ex-dividend basis. For investments in shares which are not quoted on the stock exchanges, the dividend income must be recognised on the date of declaration. iv. In respect of all interest-bearing investments, income shall be accrued on a day to day basis as it is earned. Therefore when such investments are purchased, interest paid for the period from the last interest due date upto the date of purchase, shall not be treated as a cost of purchase, but shall be treated to Interest Recoverable Account. Similarly, interest received at the time of sale for the period from the last interest due date upto the date of sale must not be treated as an addition to sale value but shall be credited to Interest Recoverable Account. v. In determining the holding cost of investments and the gains or loss on sale of investments, the "average cost" method shall be followed. vi. Transactions for purchase or sale of investments shall be recognised as of the trade date and not as of the settlement date, so that the effect of all investments traded during a financial year are recorded and reflected in the financial statements for that year. Where investment transactions take place outside the stock market, for example, acquisitions through private placement or purchases or sales through private treaty, the transaction shall be recorded, in the event of a purchase, as of the date on which the scheme obtains in enforceable obligation to pay the price or, in the event of a sale, when the scheme obtains an enforceable right to collect the proceeds of sale or an enforceable obligation to deliver the instruments sold. vii. Bonus shares to which the scheme becomes entitled shall be recognised only when the original shares on which the bonus entitlement accrues are traded on the stock exchange on an ex-bonus basis. Similarly, rights entitlements shall be recognised only when the original shares on which the right entitlement accrues are traded on the stock exchange on an ex-rights basis. viii. Where income receivable on investments has been accrued and has not been received for a period of 12 months beyond the due date, provision shall be made by debit to the revenue account for the income so accrued and no further accrual of income should be made in respect of such investment. ix. When the units of an open-ended scheme are sold, the difference between the sale price and the face value of the unit, if positive, shall be credited to Reserves and if negative is debited to reserve, the face value being credited to Capital Account. Similarly, when units of an open-ended scheme are repurchased, the difference between the purchase price and face value of the unit, if positive should be debited to Reserves and, if negative, should be credited to reserves, the face value being debited to the Capital account. x. (a) In the case of an open-ended scheme, when units are sold an appropriate part of the sale proceeds shall be credited to an Equalisation Account and when units are repurchased an appropriate amount shall be debited to Equalisation Account. The net balance on this account should be credited or debited to the Revenue Account. The balance on the Equalisation Account debited or credited to the Revenue Account shall not decrease or increase the net income of the fund but is only an adjustment to the distributable surplus. It shall therefore be reflected in the Revenue Account only after the net income of the fund is determined. (b) The Trustees or the Board of the Trustee Company may, if necessary, transfer a portion of the distributable profits to a dividend equalisation reserve. Such a transfer would be independent of the requirement to operate an Equalisation Account as provided in (x)(a). xi. In a close-ended scheme which provide to the unit holders the option for an early redemption or repurchase their own units, the par value of the unit shall be credited to Capital Account and the difference between the purchase price and the par value, if positive, should be debited to reserves and, if negative, should be 130*[debited] to reserves. A proportionate part of the unamortized initial issue expenses shall also be transferred to the reserves so that the balance carried forward on that account is proportional to the number of units remaining outstanding. xii. The cost of investments acquired or purchased shall 131*[inter alia] include brokerage, stamp charges and any charge customarily included in the broker's bought note. In respect of privately placed debt instruments any front-end discount offered shall be reduced from the cost of the investment. xiii. Underwriting commission shall be recognised as revenue only when there is no devolvement on the scheme. Where there is devolvement on the scheme, the full underwriting commission received and not merely the portion applicable to the devolvement shall be reduced from the cost of the investment. 3. Contents of Balance Sheet (i) The Balance Sheet shall give schemewise particulars of its assets and liabilities. These particulars shall contain information enumerated in Annexures 1A and 1B hereto. It shall also disclose, inter-alia, accounting policies relating to valuation of investments and other important areas. (ii) If investments are carried at costs or written down cost, their aggregate market value shall be stated separately in respect of each type of investment, such as equity shares, preference shares, convertible debentures listed on recognised stock exchange, non-convertible debentures or bonds further differentiating between those listed on recognised stock exchange and those privately placed. 132*[(iii) The Balance Sheet shall disclose under each type of investment(s) the aggregate carrying value and market value of non-performing investments. An investment shall be regarded as non-performing if it has provided no returns in the form of dividend or interest for a period specified in the guidelines issued by the Board.] (iv) The Balance Sheet shall indicate the extent of provision made in the Revenue Account for the depreciation/loss in the value of non-performing investments. However, if the investments are valued at market to market, provisions for depreciation shall not be necessary. (v) The Balance Sheet shall disclose the per-unit net-asset value (NAV) as at the end of the accounting year. (vi) As in case of companies, the Balance Sheet shall give against each item, the corresponding figures as at the end of the preceding accounting year. (vii) The notes to the balance sheet should disclose the following information regarding investments:- (a) All investments shall be grouped under the major classification given in the balance sheet. (b) Under each major classicisation, the total value of investments falling under each major industry group (which constitutes not less than 5% of the total investment in the major classification) shall be disclosed together with the percentage thereof in relation to the total investment within the classification. 133*[***] (e) the basis on which management fees have been paid to the Asset Management Company and the computation thereof. (f) if brokerage, custodial fees or any other payment for services are paid to or payable to any entity in which the Asset Management Company or its major shareholders have a substantial interest (being not less than 10% of the equity capital), the amounts debited to the revenue account or amounts treated as cost of investment in respect of such services shall be separately disclosed together with details of the interest of the Asset Management Company or its major shareholders; (g) aggregate value of purchases and sales of investments during the year and expressed as a percentage of average weekly net asset value; (h) where the non traded investments which have been valued "in good faith" exceed 5% of the NAV at the end of the year, the aggregate value of such investments; and (i) movement in unit capital should be stated. An example of the manner in which the
movement in unit capital may be disclosed is given below: - Balance as on Units sold during the year 127, 50, 000 1275.00 Units repurchased during the
1362, 10,
000
13621.00 134*[(j) the name of the company including the amount of investment made in each company of the group by each scheme and the aggregate investments made by all schemes in the group companies of the sponsor.] 135*[(k)] if the investments are marked to market, the
total income of the scheme shall include unrealised depreciation or appreciation on
investment. There should be disclosure and unrealised appreciation deducted before arriving
at the distributable income in the following manner. e.g. -----------------------------------------------------------------------------------------------------------
Net Income as per Revenue
Account
100 Add: Balance of undistributed income as As on Transfer to
reserve
5
(85) viii. Provisions for doubtful deposits,
doubtful debts and for doubtful outstanding and accrued income shall not be
included under provisions on the liability side of the balance sheet, but
shall be shown as a deduction from the aggregate value of it relevant asset. ix. Disclosure shall be made of all
contingent liabilities showing separately underwriting commitments, uncalled
liability on partly paid shares and other commitments with specifying
details. 4. Contents of Revenue Account (i)
The Revenue Account shall give schemewise
particulars of the income, expenditure and surplus of the mutual fund. These
particulars shall contain information enumerated in Annexure 2 of this
schedule. (ii) If profit on sale of investments
shown in the Revenue Account includes profit / loss on inter-scheme transfer
of investments within the same mutual fund the aggregate of such profit recognised as realised, shall be disclosed
separately without being clubbed with the profit / loss on sale of
investments to third parties. (iii) Unprovided depreciation in value of investments
representing the difference between their aggregate market value and their
carrying cost shall be disclosed by way of a note forming part of the Revenue
Account. Conversely, unrealised
profit on investment representing the difference between their aggregate
market value and carrying cost, shall be disclosed by way of note to accounts.
The Revenue Account shall indicate the appropriation of surplus by way of
transfer to reserves and dividend distributed. However, if investments are
marked to market, depreciation may not be provided. (iv) The Revenue Account shall indicate
the appropriation of surplus by way of transfer to reserves and dividend
distributed. (v) The following disclosures shall also
be made in the revenue accounts: (a) provision for aggregate value of
doubtful deposits, debts and outstanding and accrued income; (b) profit or loss in sale and redemption
of investment may be shown on a net basis; (c) custodian and registrar fees; (d) total
income and expenditure expressed as a percentage of average net assets,
calculated on a weekly basis. 5. Auditor's Report (i)
All mutual funds shall be required to get their accounts audited in terms of
a provision to that effect in their trust deeds. The Auditor's Report shall
form a part of the Annual Report. It should accompany the Abridged Balance
Sheet and Revenue Account. The auditor shall report to the Board of Trustees
and not to the unit holders. (ii) The auditor shall state whether: 1. he
has obtained all information and explanations which, to the best of his
knowledge and belief, were necessary for the purpose of his audit. 2. the
Balance Sheet and the Revenue Account are in agreement with the books of
account of the fund. (iii) The auditor shall give his opinion
as to whether: 1. The Balance Sheet gives a true and fair
view of the schemewise
state of affairs of the fund as at the balance sheet date, and 2. the
Revenue Account gives a true and fair view of the schemewise surplus / deficit of the fund for the
year / period ended at the balance sheet date. 6. Perspective Historical per Unit
Statistics 1. This statement shall disclose the
following schemewise per
unit statistics for the past 3 years: (a) net assets value, per unit; (b) gross income per-unit broken up into
the following components: (i)
income other than profit on sale of investment, per unit; (ii) income from profit on inter scheme
sales / transfer of investment, per unit; (iii) income from profit on sale of
investment to third party, per unit; (iv) transfer
to revenue account from past year's reserve per unit. (c) aggregate of expenses, write off,amortisation and charges,
per-unit; (d) net income, per unit; (e) unrealised
appreciation / depreciation in value of investments, per unit; (f) if
the units are traded or repurchased / resold, the highest and the lowest
prices per unit during the year and the price-earning ratio. (g) Per unit, ratio of expenses to average
net assets by percentage; (h) Per unit, ratio of gross income to
average net assets by percentage (excluding transfer to revenue account from
past year's reserve but including unrealised
appreciation on investments) i) per unit NAV 128. Substituted
for "1993" by the SEBI (Mutual Fund) (Amendment) Regulations, 1998,
published in the Official Gazette of 129. "at a price" inserted by the
SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official
Gazette of 130.
Substituted for "credited" by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of 131
"inter alia"
inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published
in the Official Gazette of 132 Substituted
for the following sub-clause (iii) by the SEBI (Mutual Fund) (Amendment)
Regulations, 1998, published in the Official Gazette of "The Balance Sheet shall disclose under each type of investment the aggregate carrying value and market value of non-performing investments. An investment shall be regarded as non-performing if it has provided no returns in the form of dividend or interest for more than 2 years as at the end of the accounting year of the mutual fund. However, disclosure of such non-performing investments shall not be necessary of all investments are valued at marked to market" 133 Clause (c) omitted by the SEBI (Mutual Funds) (Amendment) Regulations, 2000 published in the Official Gazette dated 14.03.2000. Clause (c) read as follows in SEBI (Mutual Funds) Regulations, 1996 published in the Official Gazette dated 09.12.1996 "Where an individual investment constitutes more than 2% of the total investments in the major classification, individual disclosure shall be made of such investment." The above clause (c) was substituted for the following by the SEBI (Mutual Funds) (Amendment) Regulations, 2000 published in the Official Gazette dated 12.01.1998 "(c) full schemewise portfolio of investments of a mutual fund. Provided that a mutual fund may publish particulars of its full portfolio in the advertisements of abridged annual report or full annual reports in newspapers." 134"Clause (j)" inserted by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette of Inida dated 12.01.1998. 135 Clause (j) renumbered as (k) by the SEBI (Mutual Fund) (Amendment) Regulations, 1998, published in the Official Gazette of Inida dated 12.01.1998. 136*{TWELFTH SCHEDULE [HALF YEARLY FINANCIAL RESULTS FOR THE PERIOD ENDED______] SL.NO PARTICULARS SCHEME NAMES 1.1 2 Reserves & Surplus [Rs. In Crores] 4.1 4.3 Dividend paid per unit during the
half-year [Rs.] 5.1 5.3 5.4 5.5 5.6 Interest [Rs. in Crores]
Profit/(Loss) on sale/redemption of
investments (other than inter scheme transfer/sale) [Rs. in Crores]
Profit/(Loss) on inter-scheme
transfer/sale of investments [Rs.
in Crores] Other Income (indicating nature) [Rs. in Crores] Total Income (5.1 to 5.5) [Rs. in Crores] 6.1 6.3 6.4 6.5 Trustee Fees [Rs. in Crores]
Total Recurring Expenses (including 6.1
and 6.2) [Rs. in Crores] Percentage of Management Fees to
daily/weekly average net assets [%] Total Recurring expenses as a percentage
of daily/weekly average net assets [%] 7.1 Last 1 year [%] Last 3 years [%] Last 5 years [%] Since launch of the scheme (date of launch
to be given) [%] 8 Provision for Doubtful Income/Debts [Rs. in Crores] Considering movement of NAV during the
half-year and after adjustment of dividend, bonus, etc. ** For the calculation of compounded annualised yield, the procedure
specified in Standard Offer Document shall be followed. All performance
calculations shall be based only on NAV and the payouts to the unitholders. The calculation of
returns shall assume that all payouts during the period have been reinvested
in the units of the scheme at the then prevailing NAV. The type of
plan/option of the scheme for which yield is given shall also be mentioned. Notes: 1. Effect of changes in the accounting
policies on the above items shall be disclosed by way of notes. 2. Details of transactions with associates
in terms of Regulation 25 (8), if applicable, shall be given by way of note. 3. Details of investments made in
companies which have invested more than 5% of the NAV of a scheme in terms of
Regulation 25(11), if applicable, shall be given as a note. 4. Details of large holdings (over 25% of
the NAV of the scheme), if applicable, including information about the no. of
such investors and total holdings by them in percentage terms, shall be given
as a note. 5. Any bonus declared during the half-year
in respect of any of the schemes to be disclosed by way of a note. 6. Details of Deferred Revenue
Expenditure, if any, shall be disclosed by giving a note. 7. Borrowings if any, above 10% of the net
assets of any scheme of a mutual fund shall be disclosed. 8. Exposure if any, of more than 10% of
the net assets of any scheme of a mutual fund investing in derivative
products shall be disclosed.} 136.. Substituted for the following by the SEBI
(Mutual Funds) (Second amendment) Regulations, 2001 published in the Official
Gazette of "TWELFTH SCHEDULE SECURITIES
AND EXCHANGE BOARD OF HALF YEARLY FINANCIAL RESULTS
A) CONTENTS OF SUMMARY ADVERTISEMENT OF ABRIDGED REVENUE ACCOUNT MUTUAL FUND REVENUE ACCOUNT FOR THE YEAR/PERIOD ENDED __________________ (Rupees in lakhs) 1.
INCOME
CURRENT PREVIOUS CURRENT PREVIOUS CURRENT PREVIOUS 1.1 Dividend 1.2 Interest 1.3 Profit on sale/redemption of 1.4 Profit on inter-scheme transfer/ 1.5 Other income (indicating nature) 2. EXPENSES & LOSSES 2.1 Management, trusteeship, Administrative & other 2.2 Provision for Doubtful Income 2.3 Provision for Doubtful Deposits/ 2.4 Loss on sale/redemption of 2.5 Loss on inter-scheme transfer/sale TOTAL _______________________________________________________________ B) CONTENTS OF SUMMARY ADVERTISEMENT OF ABRIDGED BALANCE SHEET ________________ MUTUAL FUND BALANCE SHEET OF __________________ AT _____________________ NAMES OF THE VARIOUS SCHEMES (RUPEES IN LAKHS) LIABILITIES
Current Previous Current Previous Current Previous 1. Unit Capital 2. Reserves & Surplus 2.1 Unit Premium Reserves 2.2 Other Reserves 3. Loans & Borrowings 3.1 From Banks 3.2 From Others 4. Current Liabilities & Provisions 4.1 Provision for doubtful Income/ 4.2 Proposed Income Distribution 4.3. Other Current Liabilities & RUPEES IN LAKHS ASSETS
Current Previous Current Previous Current Previous 1. Investments* 1.1 Equity & Preference Shares 1.2 Privately Placed Debentures/ 1.3 Debentures & Bonds
Listed/Awaiting 1.4 Term Loans 1.5 Government Securities 1.6 Others 2. Deposits 2.1 With Scheduled Banks 2.2 With Others 3. Other Current Assets 3.1 Cash & Bank Balance 3.2 Others 4. Fixed Assets (At Depreciated Value) 5. Deferred Revenue Expenditure Note *: 1. Accounting Policy of valuation of investments should be disclosed. C) OTHER CONTENTS OF ADVERTISEMENT ------------------------------- 1. Auditors Report 2. Perspective Historical Per Unit Statistics disclosing the following schemewise per unit information for past 136a*[three] years: (a) net assets value, per unit ; (b) gross income per-unit broken up into the following components: (i) income other than profit on sale of investment, per unit; (ii) income from profit on inter scheme sales / transfer of investment, per unit; (iii) income from profit on sale of investment to third party, per unit; (iv) transfer to revenue account from past years' reserve, per unit; (c) aggregate of expenses, write off, amortisation and charges, per-unit; indicating separately provision for depreciation in value of investments, per unit; (d) net income, per unit; (e) if the units are traded or repurchased / resold, the highest and the lowest prices per-unit during the year and the price-earning ratio; 3. A note to the effect that, on request, a unit-holder can obtain from the mutual fund a copy of the Annual Report of the scheme in which he has invested." 136a.
Substituted for "eight" by the SEBI (Mutual Fund) (Amendment) Regulations,
1998, published in the Official Gazette of |
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