EXECUTIVE DIRECTOR
INVESTMENT MANAGEMENT DEPARTMENT
SEBI/IMD/CIR No.14 /84243/07
January 15, 2007
All Mutual Funds Registered with SEBI
Association of Mutual Funds in India (AMFI)
Dear
Sirs,
We
are enclosing a copy of the following gazette notifications for your
information and implementation:
1.
F.
No. SEBI/LAD/DOP/82534/2006 dated December 20, 2006 pertaining to SEBI (Mutual Funds) (Fourth Amendment)
Regulations 2006. Consequently, this supercedes the methodology for valuation of
gold prescribed vide SEBI circular SEBI/IMD/CIR No. 2/65348/06 dated April 21, 2006.
2.
F.
No. SEBI/LAD/DOP/ 83065 / 2006 dated December 21, 2006 pertaining to SEBI (Mutual Funds) (Fifth Amendment)
Regulations 2006. Considering the said amendment, the format for submitting the
bio-data of directors of AMCs and trustees to SEBI, as prescribed vide SEBI
circular no. MFD/CIR/11/354/2001 dated December 20,
2001 and amended vide SEBI
circular no. MFD/CIR/13/16799/2002 is
being revised.
The clause 2 and 3 in the format specified for the
use of trustees, are revised as under.
“2. In case of Chairman/director
including independent director of AMC, he is not a trustee of any mutual fund
(Reg. 16(3) and Reg.21(1)(e)).
3. In case of a trustee, he is not on board of
any other AMC or trustee company of any mutual fund. (Reg.16(4)).”
This circular is
issued in exercise of powers conferred under Section 11(1) of the Securities
and Exchange Board of India Act, 1992 read with the provisions of Regulation 77
of SEBI (Mutual Funds) Regulations, 1996.
Yours faithfully,
R. K. Nair
Encl: As above
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THE GAZETTE OF INDIA
EXTRAORDINARY
PART – III – SECTION 4
PUBLISHED BY AUTHORITY
NEW
DELHI, WEDNESDAY, DECEMBER 27, 2006
SECURITIES AND EXCHANGE BOARD OF INDIA
NOTIFICATION
Mumbai, the 20th December, 2006
SECURITIES AND EXCHANGE BOARD OF INDIA
(MUTUAL FUNDS) (FOURTH AMENDMENT)
REGULATIONS, 2006
F. No. SEBI/LAD/DOP/82534/2006 – In exercise of the
powers conferred by section 30 of the Securities and Exchange Board of India
Act, 1992 (15 of 1992), the Board hereby makes the following Regulations to
further amend the Securities and Exchange Board of India (Mutual Funds)
Regulations, 1996, namely :-
1.
These Regulations may be called the Securities and Exchange Board of
India (Mutual Funds) (Fourth Amendment) Regulations, 2006.
2. They
shall come into force on the date of their publication in the Official
Gazette.
3. In the Securities and
Exchange Board of India (Mutual Funds) Regulations, 1996, in Eighth Schedule,
after paragraph 3, the following paragraph shall be inserted, namely:-
“3A. Value of gold:
(1) The gold held by a
gold exchange traded fund scheme shall be valued at the AM fixing price of
London Bullion Market Association (LBMA) in US dollars per troy ounce for
gold having a fineness of 995.0 parts per thousand, subject to the following:
(a)
adjustment for conversion to metric measures as per standard
conversion rates;
(b)
adjustment for conversion of US dollars into Indian rupees as per the
RBI reference rate declared by the Foreign Exchange Dealers Association of
India (FEDAI); and
(c)
addition of –
(i)
transportation and other charges that may be normally incurred in
bringing such gold from London to the place where it is actually stored on
behalf of the mutual fund; and
(ii)
notional customs duty and other applicable taxes and levies that may
be normally incurred to bring the gold from London to the
place where it is actually stored on behalf of the mutual fund:
Provided that the
adjustment under clause (c) above may be made on the basis of a notional
premium that is usually charged for delivery of gold to the place where it is
stored on behalf of the mutual fund:
Provided further that
where the gold held by a gold exchange traded fund scheme has a greater
fineness, the relevant LBMA prices of AM fixing shall be taken as the
reference price under this sub-paragraph.
(2) If the gold acquired
by the gold exchange traded fund scheme is not in the form of standard bars,
it shall be assayed and converted into standard bars which comply with the
good delivery norms of the LBMA and thereafter valued in terms of
sub-paragraph (1).”
[ADVT.
III/IV/69ZB/2006/Exty.]
M. DAMODARAN
CHAIRMAN
SECURITIES AND EXCHANGE BOARD OF INDIA
Footnotes:
(1) The
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, the
Principal Regulations were published in the Gazette of India on December 9,
1996 vide S.O. No. 856(E).
(2) The
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 were
subsequently amended –
(a) on April
15, 1997 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 1997 vide S.O. No.327(E).
(b) on January
12, 1998 by the Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations,
1998 vide S.O. No.32(E).
(c) on December
08, 1999 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 1999 vide S.O. No.1223(E).
(d) on March
14, 2000 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 2000 vide S.O. No.235 (E).
(e) on March
28, 2000 by the Securities and Exchange Board of India
(Appeal to the Securities Appellate Tribunal) (Amendment) Regulations, 2000
vide S.O. No.278(E).
(f)
on May 22, 2000 by the Securities and
Exchange Board of India (Mutual Funds) (Second Amendment) Regulations, 2000
vide S.O. No.484 (E).
(g) on January
23, 2001 by the Securities and Exchange Board of India (Mutual
Funds) (Amendment) Regulations, 2001 vide S.O. No.69 (E).
(h) on May 29,
2001 by the Securities and Exchange Board of India (Investment
Advice by Intermediaries) (Amendment) Regulations, 2001 vide S.O. No.476(E).
(i)
on July 23, 2001 by the Securities and
Exchange Board of India (Mutual Funds) (Second Amendment) Regulations, 2001
vide S.O. No.698(E).
(j)
on February 20, 2002 by the
Securities and Exchange Board of India (Mutual Funds) (Amendment)
Regulations, 2002 vide S.O. No.219 (E).
(k) on June
11, 2002 by the Securities and Exchange Board of India
(Mutual Funds) (Second Amendment) Regulations, 2002 vide S.O. No.625 (E).
(l)
on July 30, 2002 by the Securities and
Exchange Board of India (Mutual Funds) (Third Amendment) Regulations, 2002
vide S.O. No.809(E).
(m) on September
9, 2002 by the Securities and Exchange Board of India
(Mutual Funds) (Fourth Amendment) Regulations, 2002 vide S.O. No.956(E).
(n) on September
27, 2002 by the Securities and Exchange Board of India
(Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty)
Regulations, 2002 vide S.O. No.1045(E).
(o) on May 29,
2003 by the Securities and Exchange Board of India (Mutual
Funds) (Amendment) Regulations, 2003 vide S.O.No.
632(E).
(p) on January
12, 2004 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 2004 vide F.No
SEBI\LAD\DOP\4\2004.
(q) on March
10, 2004 by the Securities and Exchange Board of India
(Criteria for Fit and Proper Person) Regulations, 2004 vide S.O. No. 398(E).
(r)
on January 12, 2006 by the Securities and
Exchange Board of India (Mutual Funds) (Amendment) Regulations, 2006 vide S.O.No. 38(E).
(s) on May 22,
2006 by the Securities and Exchange Board of India (Mutual
Funds) (Second Amendment) Regulations, 2006 vide S.O.No.
783(E).
(t)
on August 3, 2006 by the Securities and
Exchange Board of India (Mutual Funds) (Third Amendment) Regulations, 2006
vide S.O.No. 1254(E).
|
THE GAZETTE OF INDIA
EXTRAORDINARY
PART –II – SECTION 3 – SUB SECTION (ii)
PUBLISHED BY AUTHORITY
NEW DELHI, WEDNESDAY, DECEMBER 27, 2006
SECURITIES AND EXCHANGE BOARD OF INDIA
NOTIFICATION
Mumbai, the 21st December, 2006
SECURITIES AND EXCHANGE BOARD OF INDIA
(MUTUAL FUNDS) (FIFTH AMENDMENT)
REGULATIONS, 2006
F. No. SEBI/LAD/DOP/83065/2006 – In exercise of the powers conferred by
section 30 of the Securities and Exchange Board of India Act, 1992 (15 of
1992), the Board hereby makes the following Regulations to further amend the
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, namely
:-
1.
These Regulations may be called the Securities and Exchange Board of
India (Mutual Funds) (Fifth Amendment) Regulations, 2006.
2. They shall
come into force on the date of their publication in the Official Gazette.
3.
In the Securities and Exchange Board of India (Mutual Funds)
Regulations, 1996, in regulation 16, -
(i)
for sub-regulation (3), the following sub-regulation shall be
substituted, namely:-
“(3) No asset management
company and no director (including independent director), officer or employee
of an asset management company shall be eligible to be appointed as a trustee
of any mutual fund.”
(ii)
for sub-regulation (4), the following sub-regulation and proviso shall
be substituted, namely:-
“(4) No person who is
appointed as a trustee of a mutual fund shall be eligible to be appointed as a
trustee of any other mutual fund:
Provided that any mutual
fund which is not in compliance with sub-regulations (3) or (4) as at the
commencement of the Securities and Exchange Board of India (Mutual Funds)
(Fifth Amendment) Regulations, 2006 shall ensure compliance therewith within
three months from such commencement.”
[ADVT. III/IV/69ZB/2006/Exty.]
M. DAMODARAN
CHAIRMAN
SECURITIES AND EXCHANGE BOARD OF INDIA
Footnotes:
(1) The
Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, the
Principal Regulations were published in the Gazette of India on December 9,
1996 vide S.O. No. 856(E).
(2) The Securities
and Exchange Board of India (Mutual Funds) Regulations, 1996 were subsequently
amended –
(a) on April 15,
1997 by the Securities and Exchange Board of India (Mutual
Funds) (Amendment) Regulations, 1997 vide S.O. No.327(E).
(b) on January
12, 1998 by the Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations, 1998
vide S.O. No.32(E).
(c) on December
08, 1999 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 1999 vide S.O. No.1223(E).
(d) on March 14,
2000 by the Securities and Exchange Board of India (Mutual
Funds) (Amendment) Regulations, 2000 vide S.O. No.235 (E).
(e) on March 28,
2000 by the Securities and Exchange Board of India (Appeal to
the Securities Appellate Tribunal) (Amendment) Regulations, 2000 vide S.O.
No.278(E).
(f) on May 22,
2000 by the Securities and Exchange Board of India (Mutual
Funds) (Second Amendment) Regulations, 2000 vide S.O. No.484 (E).
(g) on January
23, 2001 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 2001 vide S.O. No.69 (E).
(h) on May 29,
2001 by the Securities and Exchange Board of India (Investment
Advice by Intermediaries) (Amendment) Regulations, 2001 vide S.O. No.476(E).
(i) on July 23,
2001 by the Securities and Exchange Board of India (Mutual
Funds) (Second Amendment) Regulations, 2001 vide S.O. No.698(E).
(j)
on February
20, 2002 by the Securities and Exchange Board of India
(Mutual Funds) (Amendment) Regulations, 2002 vide S.O. No.219 (E).
(k) on June 11,
2002 by the Securities and Exchange Board of India (Mutual
Funds) (Second Amendment) Regulations, 2002 vide S.O. No.625 (E).
(l)
on July 30,
2002 by the Securities and Exchange Board of India (Mutual
Funds) (Third Amendment) Regulations, 2002 vide S.O. No.809(E).
(m) on September
9, 2002 by the Securities and Exchange Board of India
(Mutual Funds) (Fourth Amendment) Regulations, 2002 vide S.O. No.956(E).
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