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        Case ID :

        Mutual Funds Investment

        April 8, 2017

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        The Securities and Exchange Board of India (SEBI) is mandated to protect the interests of investors in securities, and to promote the development of and to regulate the securities market. In pursuance of the same, SEBI has framed Regulations for the securities market, inter alia, to ensure that the interest of the investors is protected by way of disclosures, transparency and fair treatment to investors.

        In exercise of the powers conferred by Section 30, read with clause (c) of sub-section (2) of section 11 of the SEBI Act, 1992, SEBI has framed the SEBI (Mutual Funds) Regulations, 1996 and Circulars issued thereunder. In terms of these regulations, inter-alia, the following requirements have been laid down for mutual funds (MFs):

        i.   Segregation of accounts – Trustees of Mutual Funds and asset management companies (AMCs) are required to ensure scheme-wise segregation of bank accounts and securities accounts. An AMC needs to separately maintain proper and separate books of account, 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.

        ii.  Appointment of Custodian – The Mutual Fund is mandated to appoint a Custodian to keep custody of securities and other assets held by the Fund.

        iii. Disclosures in Offer Document – The offer document is required to contain disclosures with respect to asset allocation, investment strategies, associated risks etc. to enable investors to make informed investment decisions.

        iv. Due Diligence – The Board of the AMC is required to have in place a mechanism to verify that due diligence is being exercised while making investment decisions, particularly in cases of investment in unlisted and privately placed securities, unrated debt securities, Non-Performing Assets (NPAs), transactions in which associates are involved and instances in which the performance of the scheme/ schemes is poor. Further, AMCs are required to report compliance with these requirements in their periodical reports to the Trustees and the Trustees shall report the same to SEBI in the Half Yearly Trustee Reports. Trustees also check compliance with these guidelines through independent auditors or internal and/or statutory auditors or other systems developed by them.

        v.  Portfolio Disclosures – SEBI has mandated Mutual Funds/AMCs to disclose the portfolio of all schemes on a monthly basis on their website as well as publish the same in newspapers on a half yearly basis.

        In addition, in order to curb irregularities in Mutual Funds, periodic inspections of Mutual Funds are undertaken by SEBI-appointed auditors. Besides, theme-based inspections are also undertaken to examine specific issues in the operations of Mutual Funds. Pursuant to these inspections, in case of any non-compliance with the Regulations, SEBI takes action as deemed fit and appropriate.

        The work of collecting funds under mutual funds has not been entrusted to public sector banks. In terms of the SEBI (Mutual Funds) Regulations, 1996, any entity, including public sector banks (PSBs), private companies, etc. which satisfies the eligibility criteria can obtain registration from SEBI and set up a Mutual Fund. Accordingly, public sector banks fulfilling the criteria so prescribed by SEBI, may apply to SEBI for registration and thereby undertake such activities. Currently, the following seven public sector banks are sponsors of Mutual Funds:

        Sl. No

        Name of the Mutual Funds

        Name of PSB who is sponsor to MF

        1

        Baroda Pioneer Mutual Fund

        Bank of Baroda

        2

        BOI Axa Mutual Fund

        Bank of India

        3

        Canara Robeco Mutual Fund

        Canara Bank

        4

        IDBI Mutual Fund

        IDBI Bank

        5

        Principal PNB Mutual Fund

        Punjab National Bank

        6

        SBI Mutual Fund

        State Bank of India

        7

        Union Mutual Fund

        Union Bank

        Source: SEBI

        Mutual Funds are mandated to provide regular plans (investments routed through Mutual Fund distributors) and direct plans (investments directly with Mutual Funds) for all their schemes. For selling mutual fund schemes and garnering funds, Mutual Funds can empanel distributors. Currently, Mutual Fund distributors are required to obtain an Association of Mutual Funds of India (AMFI) Registration Number (ARN) before selling any Mutual Fund product. Currently, the following twenty six public sector banks hold ARN and are empanelled as distributors:

        Sl. No.

        Bank Name

        1

        IDBI Bank Ltd

        2

        State Bank of Hyderabad

        3

        State Bank of India

        4

        Vijaya Bank

        5

        State Bank of Travancore

        6

        Indian Bank

        7

        State Bank of Bikaner & Jaipur

        8

        Allahabad Bank

        9

        State Bank of Patiala

        10

        Corporation Bank

        11

        UCO Bank

        12

        Andhra Bank

        13

        Indian Overseas Bank

        14

        Punjab & Sind Bank

        15

        Dena Bank

        16

        United Bank of India

        17

        Oriental Bank of Commerce

        18

        Bank Of Baroda

        19

        Syndicate Bank

        20

        Central Bank of India

        21

        Bank of Maharashtra

        22

        Union Bank of India

        23

        Bank of India

        24

        Punjab National Bank

        25

        State Bank of Mysore

        26

        Canara Bank

        Source: SEBI

        This was stated by Shri Arjun Ram Meghwal, Minister of State in the Ministry of Finance in written reply to a question in Lok Sabha.

        Mutual Fund regulation requires scheme-wise segregation, custodian custody, disclosure and registered distributors for investor protection. SEBI's framework under the SEBI (Mutual Funds) Regulations, 1996 requires scheme-wise segregation of accounts and separate books for each scheme; appointment of a custodian for custody of securities; detailed offer document disclosures on asset allocation, strategies and risks; board-level due diligence and reporting for investments in unlisted/private/unrated/NPA or related-party transactions; monthly portfolio disclosure online and half-yearly newspaper publication; periodic and theme-based inspections by SEBI-appointed auditors; and registration-based sponsorship and distributor empanelment requirements for public sector banks.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Mutual Fund regulation requires scheme-wise segregation, custodian custody, disclosure and registered distributors for investor protection.

                                SEBI's framework under the SEBI (Mutual Funds) Regulations, 1996 requires scheme-wise segregation of accounts and separate books for each scheme; appointment of a custodian for custody of securities; detailed offer document disclosures on asset allocation, strategies and risks; board-level due diligence and reporting for investments in unlisted/private/unrated/NPA or related-party transactions; monthly portfolio disclosure online and half-yearly newspaper publication; periodic and theme-based inspections by SEBI-appointed auditors; and registration-based sponsorship and distributor empanelment requirements for public sector banks.





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                                ActsIncome Tax
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