VALUE ADDED PROGRAM AMFI Unit II
LEGAL STRUCTURE OF MUTUAL FUNDS
All mutual funds are constituted as ‘unit-trusts’ All funds are governed by SEBI .
FUND SPONSOR
Any person who establishes a mutual fund. Like ‘promoter’ of a company, contributes to initial capital Gets fund registered with SEBI. Forms a ‘trust’, appoints board of trustees Usually appoints (along with trustees) Asset Management Company (AMC) – as fund managers
TRUSTS
Created under the Indian Trusts Act, 1882 Appointed by sponsor Holds assets for benefit of ‘unit-holders’ (beneficiaries of the trust) ‘Pass- through’ vehicle. Has no independent legal capacity (trustees have it)
TRUSTEES
Manage the trust, protector of unit holders’ interest. Board of trustees may be – body of individuals or a corporate body. Board of trustees is governed by the Indian Trusts Act Trustee corporate body also complies with Companies Act 1956. Do not directly manage investment, appoint AMC.
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RIGHTS & OBLIGATIONS OF TRUSTEES
Approve schemes of fund Ensure management of funds according to SEBI regulations Compliance with Trust Deed Furnish reports on funds’ activities to SEBI, on a half-yearly basis. Safeguard interests of unit-holders
SEBI SPECIFIESTrustees’ obligations as –
General Due Diligence: protecting trust properties regular functioning Specific Due Diligence: appoint internal auditors & obtain audit reports
AMC
investment manager of the trust Appointed by sponsor/trustees, approved by SEBI. As per SEBI’s mandate, 50% of the directors should be independent. Must protect interest of investors Reports to trustees. Total net worth must be atleast Rs 10 crores
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Update each day’s NAV on AMFI’s website by 8.00 pm on the relevant day & the month-end AUM figure on the first working day of next month.
INDEPENDENT DIRECTORS & TRUSTEES
Pay attention to investment management & compensation paid under it.’ Ensure higher than market –level fees has not been charged to the fund Oversee selection of other independent directors
CUSTODIANS
Ownership of units is in ‘dematerialized’ form, held by a depository. A fund’s physical securities are held by a custodian. Deliveries of fund’s securities take place at the instruction of the AMC.
REGISTRARS & TRANSFER AGENTS
Prepare transfer documents & update investor records. May be done in-house or outsourced. Includes buying/repurchase of units, switching schemes, systematic investment/withdrawals, bank details etc (tasks apart from investment management)
DISTRIBUTORS
Sell units to individual investors on behalf of the fund. A distributor usually acts on behalf of several MF’s Has several sub-brokers Includes individuals – agents; in terms of number-largest distributor segment. Banks, NBFC’s, distribution companies account for bulk of volume.
FUND MERGERS & TAKEOVERS
No special guidelines But merger is viewed as changes in fundamental attributes How may a MF change? Merger of two AMC’s AMC takeover by new sponsors Scheme takeover (by another AMC)
THANK YOU !!