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CONCEPT AND ROLE OF MUTUAL
         FUND
WHAT IS MUTUAL FUND?
 COMMON POOL OF MONEY
 JOINT OR “MUTUAL” OWNERSHIP
 HENCE…LIKE SHARES OF THE
  JOINT STOCK COMPANY
 UNITS ARE THE REPRESENTATION
  OF OWNERSHIP
ADVANTAGES OF MUTUAL FUNDS
 PORTFOLIO DIVERSIFICATION
 PROFESSIONAL MANAGEMENT
 REDUCTION/DIVERSIFICATION OF
  RISK
 REDUCTION OF TRANSACTION COSTS
 LIQUIDITY
 CONVENIANCE AND FLEXIBILITY
DISADVANTAGES OF INVESTING
         THROUGH MF
 NO CONTROL OVER COST
 NO TAILOR-MADE PORTFOLIO
 MANAGING A PORTFOLIO OF FUND
HISTORY OF MF IN INDIA

 MF INDUSTRY STARTED IN INDIA
  IN 1963 WITH FORMATION OF UTI
 DIFFERENT PAHSES :
   •   PHASE -1(UTI)
   •   PHASE-2 (ENTRY OF PUBLIC SECTOR MFs)
   •   PAHSE-3 (ENTRY OF PRIVATE MFs)
   •   PHASE-4 (UNDER SEBI REGULATION)
PHASE-1
 ESTABLISHMENT OF UTI IN 1963
 LAUNCH OF FIRST SCHEME US-64
 FOLLOWED BY ULIP IN 1971, CRTS(1981),
  CGS(1983), CGGF(1986), MASTERSHARE(1987)
 UTI THE ONLY PLAYER IN THE MARKET WITH
  MONOPOLY POWER
 HUGE MOBILIZATION OF FUNDS
PHASE-2
 ESTABLISHMENT OF SBI-MF---THE FIRST NON-
  UTI MF
 FOLLOWED BY CANBANK-MF, LIC-MF,BOI-MF
 CHANGE IN THE MIND SET OF THE INVESTORS
PHASE-3
 ENTRY OF THE PRIVATE SECTOR FUND IN 1993
 JV OF FOREIGN FUND MANANGEMENT
  COMPANIES WITH INDIAN PROMOTERS
 MORE COMPETITIVE PRODUCT INNOVATION,
  INVESTMENT MANAGEMENT TECHNIQUES,
  INVESTORS SERVICING TECHNIQUES
 INVESTORS STARTED BECOME SELECTIVE
PHASE-4
 SEBI- THE REGULATORY AUTHORITY
 UTI CAME UNDER SEBI REGULATION
  VOLUNTARILY
 GOVT.’S STEPS FOR INVESTORS’ PROTECTION
TYPES OF FUNDS

 CLOSE END/ OPEN END
 LOAD / NO-LOAD
 TAX EXEMPT/NON-TAX EXEMPT
 OPEN END FUND:
   • UNITS AVAILABLE FOR SALE AND REPURCHASE AT
     ALL TIMES
   • INVESTORS CAN BUY OR REDEEM ON NAV
   • Ex: ETSP”.
   • UNIT CAPITAL - VARIABLE
 CLOSE END FUND:
   • DON’T ALLOW INVESTORS TO BUY/ REDEEM UNITS
     DIRECTLY FROM FUNDS
   • GET LISTED ON STOCK EXCHANGE TO PROVIDE
     LIQUIDITY. EX: MEP
   • “Units may be traded at a discount or premium to NAV
     based on investor’s perception on future performance and
     market factors”
 LOAD FUND:
   • LOAD CHARGE TO COVER THE EXPENSES
   • ENTRY/FRONT LOAD AND EXIT/ BACK LOAD
   • DEFFERED LOAD - CHARGED OVER A PERIOD OF
     TIME
   • EXIT LOAD PREFFERED OVER ENTRY LOAD FOR
     BENEFIT OF COMPOUNDING
   • CONTINGENT DEFFERED SALES CHARGE- EXIT
     LOAD CHARGED DEPENDING ON THE PERIOD.
     EX:BOND FUND
   • EVEN CLOSE END FUNDS MAY HAVE LOADS
 NO LOAD FUND:
   • THERE IS NO LOAD- NO SALES EXPENSE CHARGE
   • NAV CALCULATED AFTER ACCOUNTING FOR
     OTHER EXPENSES
MUTUAL FUND TYPES
 BY NATURE OF INVESTMENTS
   • EQUITY, BOND, MONEY MARKET FUNDS
 BY INVESTMENT OBJECTIVE
   • INCOME, GROWTH, VALUE FUNDS
 BY RISK PROFILE
   • HIGH, LOW, MODERATE RISK FUNDS
MONEY MARKET FUND
 LOWEST RISK
 INVESTMENT IN THE SECURITY OF LESS THAN
  ONE YEAR MATURITY
 INVESTMENT IN TREASURY BILLS, CD, COM.
  PAPERS, CALL MONEY
 STRENGTH: LIQUIDITY AND SAFETY OF
  PRINCIPAL
GILT FUND
 LOW RISK BUT HIGHER THAN THAT OF MMF
 MEDIUM TO LONG TERM MATURITY (MORE
  THAN 1 YEAR)
 LITTLE DEFAULT RISK, HIGH INTEREST RISK
 IT’S PRICES FALLS IF INTEREST RATE
  INCREASES AND VICE VERSA
DEBT/INCOME FUND
 RISK HIGHER THAN G-SEC FUND
 MORE EMPHASIS ON INCOME DISTRIBUTION
  THAN CAPITAL APPRECIATION
 TYPES
     • DIVERSIFIED
     • FOCUSED
     • HIGH YEILD (Investment in lower rate)
     • ASSURED RETURN
TYPES OF EQUITY FUNDS
 AGGRESSIVE GROWTH FUNDS:Investment in less
  researched or speculative/non-blue chip stocks
 GROWTH FUNDS: Investment in stocks with above
  average growth prospects over 3-5 years.Ex:Tech Stock
 SPECIALITY FUNDS: Sector, Offshore, Small-cap
  equity, Option income funds
 DIVERSIFIED EQUITY FUNDS: ELSS. Ex: ETSP
 EQUITY INDEX FUNDS
 VALUE FUNDS: Invest in fundamentally sound
  companies with low P/E ratio.
 EQUITY INCOME FUND:Invest in sectors where low
  fluctuation in stock price and high dividend is expected.
TYPES OF HYBRID FUNDS
 BALANCED FUNDS: More or less equal proportion
 GROWTH -INCOME FUNDS: Mix between good
  dividend paying records and with potential of capital
  appreciation.
 ASSET ALLOCATION FUNDS:Asset allocation
  between equity,debt or money market and asset
  allocation policy may be pre-determined or flexible.

             OTHER FUNDS
 COMODITY FUNDS
 REAL ESTATE FUNDS
FUND STRUCTURE AND
       CONSTITUENTS
 LEGAL STRUCTURE
 ROLE OF DIFFERENT OPERATING
  BODIES
 FUND MERGERS AND SCHEME
  TAKEOVERS
LEGAL STRUCTURE

 IN INDIA
      • ISSUE OF OPEN AND CLOSE END FUNDS IN
        SAME LEGAL STRUCTURE
      • FOLLOW THE SEBI REGULATION
      • TRUST FORM
 SPONSOR: ESTABLISHES THE MUTUAL FUND
      • Must contribute 40% of the net worth of the
        AMC
      • Need to have sound financial track record
      • Appoint trustees
LEGAL STRUCTURE
   TRUSTEES:Manages the Mutual Fund and look after the operations of
    the appointed AMC.
   The investments are held by the Trustee.
   The beneficiaries from the assets are the unit holders.
   The trustees have a fiduciary responsibility.
   Trustees approve each MF scheme floated by AMC.
   Trustees receive fees for their services.
   Trusts are formed through “Trust Deed”
   “Furnish report to SEBI on half yearly basis on AMC and Fund
    functioning”
   Amc:acts as investment manager of the trust under the board supervision
    and direction of the trustees
   “AMC Submit report to Trustees on quarterly basis, mentioning activity
    and compliance factor.
LEGAL STRUCTURE
   AMC: Acts as investment manager of the trust under the board
    supervision and direction of the trustees.
   AMC is the fund manager
   AMC floats the different MF schemes.
   AMC is responsible to the trustees.
   AMC fees have a ceiling decided by SEBI
     – Initial issue expenses not exceeding 6%

     – Recurring expenses such as trustee fees, audit fees, etc.

     – When net assets do no exceed Rs.100 crores, asset management fee is
        maximum 1.25% of average weekly net assets.
     – When assets exceed Rs.100 crores, an additional asset management
        fee of maximum 1% of additional net assets.
     – If the scheme is a no-load scheme, further fee of maximum 1% of
        average weekly net assets.
LEGAL STRUCTURE

The Sponsor
 A sponsor appoints the asset management company.
 Sometimes, this power is given by the sponsor to the trustees
  through the trust deed.
 At least 50% of directors on the board of asset management
  company should be independent of the sponsor.
 Asset management company shall not deal with any broker/firm
  associated with sponsor beyond 5% of daily gross business of the
  MF.
 All security transactions of the asset management company with
  its associates should be disclosed.
Contingent Deferred Sales Charge


 For no-load schemes
 Redemption during the first four years after purchase

            First year           maximum 4%
            Second year          maximum 3%
            Third year           maximum 2%
            Fourth year          maximum 1%
Ceiling on Expenses
 Excepting initial and redemption expenses, the total of
    all other expenses should be a maximum of
        Average weekly                    Fees as % of
        net assets (Rs.Crores)     average weekly
                                          net assets
        0-100                             2.5%
        next 300                          2.25%
        next 300                          2.0%
        balance                           1.75%
LEGAL STRUCTURE
 CUSTODIAN:
    • APPOINTED BY BOARD OF
      TRUSTEES FORSAFEKEEPING OF SECURITIES.
    • IT’S AN ENTITY INDEPENDENT OF SPONSORS
 BANKERS
 TRANSFER AGENTS
    • ISSUE AND REDEEM OF UNITS AND OTHER
      RELATED SERVICE
 DISTRIBUTORS
    • APPOINTED BY AMC
    • MAY ACT ON BEHALF OF DIFFERENT FUNDS
    • AGENTS - AS INDIVIDUAL
FUND MERGER & TAKEOVERS
 CONSTITUTION CAN CHANGE IN MANY
  POSSIBLE WAYS
    •   AMC TAKEN OVER BY ANOTHER SPONSOR
    •   MERGER OF TWO AMCs
    •   DECISION OF TRUSTEE TO CHANGE AMC
    •   CHANGE OF TRUSTEES
    •   MERGER OF TWO SCHEMES WITH SAME
        AMC/TRUSTEES
 MERGER OF TWO AMCs
     • NEEDS TO FOLLOW INDIAN CO. ACT
     • SEBI APPROVAL REQUIRED
     • CONSENT OF UNIT HOLDERS WITH 75% VOTING
       RIGHTS
 AMC TAKEOVER BY NEW SPONSORS
     • HIGH COUT APPROVAL NOT REQUIRED BUT
       SEBI CLEARANCE REQUIRED
 SCHEME TAKE OVER
     • AMC CANNOT WITHDRAW OR TRANSFER THE
       MANAGEMENT OF SCHEME TO ANOTHER AMC
       WITHOUT UNIT HOLDERS CONSENT
     • TRUSTEES CANNOT EFFECT THE CHANGES IN
       AMC WITHOUT UNITHOLDERS CONSENT
“ANY AMMENDMENTS IN SCHEME REQUIRECONSENT OF
  UNIT HOLDERS IN CASE OF ONLY CLOSE END FUND.
  OEN END FUND NEEDS TO JUST INFORM”
Legal and Regulatory
    Environment
Regulators in India
 SEBI
   – SEBI regulates MFs
   – All MFs have to be registered with SEBI
 RBI
   – Bank-owned MFs are under RBI and SEBI
      • Ownership of AMC by the bank
      • Guarantees issued by the bank as sponsor
      • Fund mergers of bank-sponsored MFs
   – Permission to access inter-bank call money
     market
Regulators in India…
 Ministry of Finance
 Company Law Board
   – Department of Company Affairs
      • Registrar of Companies
 Stock Exchanges
 Charity Commissioner
   – Office of the public trustee
      • Board of trustees of MFs
Self-regulatory Organization

 An organization specially empowered to
  regulate activities of its members

 AMFI is not a self-regulatory
  organization
AMFI
 Promote the interests of the mutual funds
  and unit-holders
 Set ethical, commercial, and professional
  standards in the industry
 Increase the public awareness of MF
  industry
Investors Rights and
            Obligations
 Right of Proportionate “beneficial
  Ownership”
 Right to Timely Service
 Right to Information
 Right to Approve changes in
  Fundamental Attributes
 Right to Wind Up a Scheme
 Right to Terminate the AMC
Legal Limitations to Investors
             Rights
 Investors cannot Sue the Trust.
 Investors can initiate legal
  proceedings against the trustees
 Sponsors of a MF have no
  obligation to meet the shortfall in
  non- assured schemes
 Only if the OD has specifically
  provided such guarantee by a
  named sponsor the investors have
  a right to sue the sponsors
 Prospective Investors cannot sue
  the Trust / the AMC or any other
  constituent.
Investors Obligations /
          Complaint Redressal
Investors should:                 SEBI intervention
 Read Offer Document             For issue of due diligence
 Understand Risk factors          certificate for new
 Monitor Investments              scheme by compliance
                                   officer
 Ask for information
                                  Companies Act cannot
  required
                                   protect investors as fund
“Monitoring is entirely his/ her   investors are neither
  own responsibility”              shareholders in the AMC
                                   nor depositors
Fund Distribution
        &
 Sales Practices
Investor Community



Institutional                   Individual
 Investors                      Investors




                             HNIs        Retail
Who can invest in Mutual Funds in India?
  Residents :

     Resident Individuals

     Indian Companies

     Indian Trusts/ Charitable Institutions

     Banks / NBFCs

     Insurance Companies

     Provident funds
Who can invest in Mutual Funds in India?

  Non Residents :

     NRIs

     OCBs

  Foreign Entities:

     FIIs registered with SEBI
Role of the Distribution Channels
“MFs are primarily vehicles for large collective investments , based on the
    principle of pooling the funds from a large number of investors”

                                 Hence,

    “Majority of schemes are targeted at the retail level, from where a
              substantial portion of investment takes place”

                                   So,

                 “Distribution network becomes critical

              in view of the spread of investor community”
Types of Distribution Channels:

1.Individual Agents
2. Distribution Companies
3. Banks / NBFCs
4. Direct Marketing ( By the Sales Officers)
5.Current Distribution patterns - Non UTI funds
rely on the 2&3 above.
Sales Practices in MF Market
Agents’ Commission


•Commission can be paid upfront or trail commission.

• Market Practice: 1-1.5% (Equity funds)

                      0.6-0.8% (Debt Funds)
• Higher commission paid for Tax-benefit schemes as there is a lock-
in period.
Agents’ Commission


•The initial issue expense cap of 6% includes brokerage as well.
•All SEBI regulated open ended funds are authorized to charge
exit /entry loads to cover the funds’ distribution expenses.
• A no load fund includes these expenses as a part of the regular
management & marketing expenses.

• SEBI prescribes a cap on all the total expenses that can be charged
to a scheme each year. Any additional expense will have to be borne
by the AMC
Effective Selling of MF Schemes
• Know the important characteristics of the scheme.

• Know your client profile (age, risk tolerance,income levels)

• Understand clients’ needs (investment objective,return expectation,

cash flow requirement)

• Assistance in making the right choice of investment

• Encourage regular investment and seek commitment from the client

to invest.

• Personalized post sales service.
SEBI's Advertising Code
• The code protects from misleading investors.
• Past performance is not a guarantee
• Dividends declared/paid shall be mentioned in Rs.per unit
• Only compound and annualized yield can be advertised for
  schemes for more than one year.
• Annualised yield must be shown for at least one, three fine and
  since launch.
• For less than one year performance may be shown in terms of
  total returns should not be annualized.
• Appropriate benchmark should be chosen. And once chosen it
  should be consistent.
• Where any ranking has been made should be explained.
Appointment of Agents

The key terms of agreement are as follows:
• The agent will provide a copy of the abridged OD to the customer
and will make available for inspection a copy of the OD and sell at
price currently in effect.
• The agent will execute all the transactions on behalf of the
customer who will not have any recourse to the agent in case of an
errors/problems/quality of investment.
• The agent must make the customer know that the funds’ units are
not endorsed by him and do not constitute his obligation.
•Agent responsible at his expense to ensure compliance with
applicable regulation in each jurisdiction.
•Fund not responsible for any losses claims or damages.
Key terms of Agreement………….2

• The agent will offer/sell/purchase unit at the current public offering

price.

• All orders become effective only upon acceptance and confirmation

by the fund.

• The agent is responsible to ensure compliance with the applicable

regulations in each transaction he deals in and the fund is not

responsible for any breach by agent in this regard.
AMFI Code of Ethics
AMFI has recommended a code of practices with respect to overall
    fund operation including distribution and selling.

1. Management of fund should be in the interest of unit holders.

2. High standards of service are expected from funds

3. Adequate disclosure standards

4. Professional Selling practices.

5. Fund Management in accordance to stated investment objective.

6. Avoid conflict of interest in its dealing with its employees.

7. Refrain from unethical market Practices.
Fund broking practices in US
 Cap on sales/distribution expenses.
 Broker is not allowed to describe a fund as no load
  fund if it has front-end or default load.
 Broker prohibited from recommending that purchase
  of units before ex-dividend may be advantageous.
 Prohibited from using commission as a basis for
  recommending a fund.
 Preferred pricing to specific investors prohibited.
BEST OF LUCK




   Thank You

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Mfconcept

  • 1. CONCEPT AND ROLE OF MUTUAL FUND
  • 2. WHAT IS MUTUAL FUND?  COMMON POOL OF MONEY  JOINT OR “MUTUAL” OWNERSHIP  HENCE…LIKE SHARES OF THE JOINT STOCK COMPANY  UNITS ARE THE REPRESENTATION OF OWNERSHIP
  • 3. ADVANTAGES OF MUTUAL FUNDS  PORTFOLIO DIVERSIFICATION  PROFESSIONAL MANAGEMENT  REDUCTION/DIVERSIFICATION OF RISK  REDUCTION OF TRANSACTION COSTS  LIQUIDITY  CONVENIANCE AND FLEXIBILITY
  • 4. DISADVANTAGES OF INVESTING THROUGH MF  NO CONTROL OVER COST  NO TAILOR-MADE PORTFOLIO  MANAGING A PORTFOLIO OF FUND
  • 5. HISTORY OF MF IN INDIA  MF INDUSTRY STARTED IN INDIA IN 1963 WITH FORMATION OF UTI  DIFFERENT PAHSES : • PHASE -1(UTI) • PHASE-2 (ENTRY OF PUBLIC SECTOR MFs) • PAHSE-3 (ENTRY OF PRIVATE MFs) • PHASE-4 (UNDER SEBI REGULATION)
  • 6. PHASE-1  ESTABLISHMENT OF UTI IN 1963  LAUNCH OF FIRST SCHEME US-64  FOLLOWED BY ULIP IN 1971, CRTS(1981), CGS(1983), CGGF(1986), MASTERSHARE(1987)  UTI THE ONLY PLAYER IN THE MARKET WITH MONOPOLY POWER  HUGE MOBILIZATION OF FUNDS
  • 7. PHASE-2  ESTABLISHMENT OF SBI-MF---THE FIRST NON- UTI MF  FOLLOWED BY CANBANK-MF, LIC-MF,BOI-MF  CHANGE IN THE MIND SET OF THE INVESTORS
  • 8. PHASE-3  ENTRY OF THE PRIVATE SECTOR FUND IN 1993  JV OF FOREIGN FUND MANANGEMENT COMPANIES WITH INDIAN PROMOTERS  MORE COMPETITIVE PRODUCT INNOVATION, INVESTMENT MANAGEMENT TECHNIQUES, INVESTORS SERVICING TECHNIQUES  INVESTORS STARTED BECOME SELECTIVE
  • 9. PHASE-4  SEBI- THE REGULATORY AUTHORITY  UTI CAME UNDER SEBI REGULATION VOLUNTARILY  GOVT.’S STEPS FOR INVESTORS’ PROTECTION
  • 10. TYPES OF FUNDS  CLOSE END/ OPEN END  LOAD / NO-LOAD  TAX EXEMPT/NON-TAX EXEMPT
  • 11.  OPEN END FUND: • UNITS AVAILABLE FOR SALE AND REPURCHASE AT ALL TIMES • INVESTORS CAN BUY OR REDEEM ON NAV • Ex: ETSP”. • UNIT CAPITAL - VARIABLE  CLOSE END FUND: • DON’T ALLOW INVESTORS TO BUY/ REDEEM UNITS DIRECTLY FROM FUNDS • GET LISTED ON STOCK EXCHANGE TO PROVIDE LIQUIDITY. EX: MEP • “Units may be traded at a discount or premium to NAV based on investor’s perception on future performance and market factors”
  • 12.  LOAD FUND: • LOAD CHARGE TO COVER THE EXPENSES • ENTRY/FRONT LOAD AND EXIT/ BACK LOAD • DEFFERED LOAD - CHARGED OVER A PERIOD OF TIME • EXIT LOAD PREFFERED OVER ENTRY LOAD FOR BENEFIT OF COMPOUNDING • CONTINGENT DEFFERED SALES CHARGE- EXIT LOAD CHARGED DEPENDING ON THE PERIOD. EX:BOND FUND • EVEN CLOSE END FUNDS MAY HAVE LOADS  NO LOAD FUND: • THERE IS NO LOAD- NO SALES EXPENSE CHARGE • NAV CALCULATED AFTER ACCOUNTING FOR OTHER EXPENSES
  • 13. MUTUAL FUND TYPES  BY NATURE OF INVESTMENTS • EQUITY, BOND, MONEY MARKET FUNDS  BY INVESTMENT OBJECTIVE • INCOME, GROWTH, VALUE FUNDS  BY RISK PROFILE • HIGH, LOW, MODERATE RISK FUNDS
  • 14. MONEY MARKET FUND  LOWEST RISK  INVESTMENT IN THE SECURITY OF LESS THAN ONE YEAR MATURITY  INVESTMENT IN TREASURY BILLS, CD, COM. PAPERS, CALL MONEY  STRENGTH: LIQUIDITY AND SAFETY OF PRINCIPAL
  • 15. GILT FUND  LOW RISK BUT HIGHER THAN THAT OF MMF  MEDIUM TO LONG TERM MATURITY (MORE THAN 1 YEAR)  LITTLE DEFAULT RISK, HIGH INTEREST RISK  IT’S PRICES FALLS IF INTEREST RATE INCREASES AND VICE VERSA
  • 16. DEBT/INCOME FUND  RISK HIGHER THAN G-SEC FUND  MORE EMPHASIS ON INCOME DISTRIBUTION THAN CAPITAL APPRECIATION  TYPES • DIVERSIFIED • FOCUSED • HIGH YEILD (Investment in lower rate) • ASSURED RETURN
  • 17. TYPES OF EQUITY FUNDS  AGGRESSIVE GROWTH FUNDS:Investment in less researched or speculative/non-blue chip stocks  GROWTH FUNDS: Investment in stocks with above average growth prospects over 3-5 years.Ex:Tech Stock  SPECIALITY FUNDS: Sector, Offshore, Small-cap equity, Option income funds  DIVERSIFIED EQUITY FUNDS: ELSS. Ex: ETSP  EQUITY INDEX FUNDS  VALUE FUNDS: Invest in fundamentally sound companies with low P/E ratio.  EQUITY INCOME FUND:Invest in sectors where low fluctuation in stock price and high dividend is expected.
  • 18. TYPES OF HYBRID FUNDS  BALANCED FUNDS: More or less equal proportion  GROWTH -INCOME FUNDS: Mix between good dividend paying records and with potential of capital appreciation.  ASSET ALLOCATION FUNDS:Asset allocation between equity,debt or money market and asset allocation policy may be pre-determined or flexible. OTHER FUNDS  COMODITY FUNDS  REAL ESTATE FUNDS
  • 19. FUND STRUCTURE AND CONSTITUENTS  LEGAL STRUCTURE  ROLE OF DIFFERENT OPERATING BODIES  FUND MERGERS AND SCHEME TAKEOVERS
  • 20. LEGAL STRUCTURE  IN INDIA • ISSUE OF OPEN AND CLOSE END FUNDS IN SAME LEGAL STRUCTURE • FOLLOW THE SEBI REGULATION • TRUST FORM  SPONSOR: ESTABLISHES THE MUTUAL FUND • Must contribute 40% of the net worth of the AMC • Need to have sound financial track record • Appoint trustees
  • 21. LEGAL STRUCTURE  TRUSTEES:Manages the Mutual Fund and look after the operations of the appointed AMC.  The investments are held by the Trustee.  The beneficiaries from the assets are the unit holders.  The trustees have a fiduciary responsibility.  Trustees approve each MF scheme floated by AMC.  Trustees receive fees for their services.  Trusts are formed through “Trust Deed”  “Furnish report to SEBI on half yearly basis on AMC and Fund functioning”  Amc:acts as investment manager of the trust under the board supervision and direction of the trustees  “AMC Submit report to Trustees on quarterly basis, mentioning activity and compliance factor.
  • 22. LEGAL STRUCTURE  AMC: Acts as investment manager of the trust under the board supervision and direction of the trustees.  AMC is the fund manager  AMC floats the different MF schemes.  AMC is responsible to the trustees.  AMC fees have a ceiling decided by SEBI – Initial issue expenses not exceeding 6% – Recurring expenses such as trustee fees, audit fees, etc. – When net assets do no exceed Rs.100 crores, asset management fee is maximum 1.25% of average weekly net assets. – When assets exceed Rs.100 crores, an additional asset management fee of maximum 1% of additional net assets. – If the scheme is a no-load scheme, further fee of maximum 1% of average weekly net assets.
  • 23. LEGAL STRUCTURE The Sponsor  A sponsor appoints the asset management company.  Sometimes, this power is given by the sponsor to the trustees through the trust deed.  At least 50% of directors on the board of asset management company should be independent of the sponsor.  Asset management company shall not deal with any broker/firm associated with sponsor beyond 5% of daily gross business of the MF.  All security transactions of the asset management company with its associates should be disclosed.
  • 24. Contingent Deferred Sales Charge  For no-load schemes  Redemption during the first four years after purchase  First year maximum 4%  Second year maximum 3%  Third year maximum 2%  Fourth year maximum 1%
  • 25. Ceiling on Expenses  Excepting initial and redemption expenses, the total of all other expenses should be a maximum of  Average weekly Fees as % of  net assets (Rs.Crores) average weekly  net assets  0-100 2.5%  next 300 2.25%  next 300 2.0%  balance 1.75%
  • 26. LEGAL STRUCTURE  CUSTODIAN: • APPOINTED BY BOARD OF TRUSTEES FORSAFEKEEPING OF SECURITIES. • IT’S AN ENTITY INDEPENDENT OF SPONSORS  BANKERS  TRANSFER AGENTS • ISSUE AND REDEEM OF UNITS AND OTHER RELATED SERVICE  DISTRIBUTORS • APPOINTED BY AMC • MAY ACT ON BEHALF OF DIFFERENT FUNDS • AGENTS - AS INDIVIDUAL
  • 27. FUND MERGER & TAKEOVERS  CONSTITUTION CAN CHANGE IN MANY POSSIBLE WAYS • AMC TAKEN OVER BY ANOTHER SPONSOR • MERGER OF TWO AMCs • DECISION OF TRUSTEE TO CHANGE AMC • CHANGE OF TRUSTEES • MERGER OF TWO SCHEMES WITH SAME AMC/TRUSTEES
  • 28.  MERGER OF TWO AMCs • NEEDS TO FOLLOW INDIAN CO. ACT • SEBI APPROVAL REQUIRED • CONSENT OF UNIT HOLDERS WITH 75% VOTING RIGHTS  AMC TAKEOVER BY NEW SPONSORS • HIGH COUT APPROVAL NOT REQUIRED BUT SEBI CLEARANCE REQUIRED  SCHEME TAKE OVER • AMC CANNOT WITHDRAW OR TRANSFER THE MANAGEMENT OF SCHEME TO ANOTHER AMC WITHOUT UNIT HOLDERS CONSENT • TRUSTEES CANNOT EFFECT THE CHANGES IN AMC WITHOUT UNITHOLDERS CONSENT “ANY AMMENDMENTS IN SCHEME REQUIRECONSENT OF UNIT HOLDERS IN CASE OF ONLY CLOSE END FUND. OEN END FUND NEEDS TO JUST INFORM”
  • 29. Legal and Regulatory Environment
  • 30. Regulators in India  SEBI – SEBI regulates MFs – All MFs have to be registered with SEBI  RBI – Bank-owned MFs are under RBI and SEBI • Ownership of AMC by the bank • Guarantees issued by the bank as sponsor • Fund mergers of bank-sponsored MFs – Permission to access inter-bank call money market
  • 31. Regulators in India…  Ministry of Finance  Company Law Board – Department of Company Affairs • Registrar of Companies  Stock Exchanges  Charity Commissioner – Office of the public trustee • Board of trustees of MFs
  • 32. Self-regulatory Organization  An organization specially empowered to regulate activities of its members  AMFI is not a self-regulatory organization
  • 33. AMFI  Promote the interests of the mutual funds and unit-holders  Set ethical, commercial, and professional standards in the industry  Increase the public awareness of MF industry
  • 34. Investors Rights and Obligations  Right of Proportionate “beneficial Ownership”  Right to Timely Service  Right to Information  Right to Approve changes in Fundamental Attributes  Right to Wind Up a Scheme  Right to Terminate the AMC
  • 35. Legal Limitations to Investors Rights  Investors cannot Sue the Trust.  Investors can initiate legal proceedings against the trustees  Sponsors of a MF have no obligation to meet the shortfall in non- assured schemes  Only if the OD has specifically provided such guarantee by a named sponsor the investors have a right to sue the sponsors  Prospective Investors cannot sue the Trust / the AMC or any other constituent.
  • 36. Investors Obligations / Complaint Redressal Investors should:  SEBI intervention  Read Offer Document  For issue of due diligence  Understand Risk factors certificate for new  Monitor Investments scheme by compliance officer  Ask for information  Companies Act cannot required protect investors as fund “Monitoring is entirely his/ her investors are neither own responsibility” shareholders in the AMC nor depositors
  • 37. Fund Distribution & Sales Practices
  • 38. Investor Community Institutional Individual Investors Investors HNIs Retail
  • 39. Who can invest in Mutual Funds in India?  Residents :  Resident Individuals  Indian Companies  Indian Trusts/ Charitable Institutions  Banks / NBFCs  Insurance Companies  Provident funds
  • 40. Who can invest in Mutual Funds in India?  Non Residents :  NRIs  OCBs  Foreign Entities:  FIIs registered with SEBI
  • 41. Role of the Distribution Channels “MFs are primarily vehicles for large collective investments , based on the principle of pooling the funds from a large number of investors” Hence, “Majority of schemes are targeted at the retail level, from where a substantial portion of investment takes place” So, “Distribution network becomes critical in view of the spread of investor community”
  • 42. Types of Distribution Channels: 1.Individual Agents 2. Distribution Companies 3. Banks / NBFCs 4. Direct Marketing ( By the Sales Officers) 5.Current Distribution patterns - Non UTI funds rely on the 2&3 above.
  • 43. Sales Practices in MF Market
  • 44. Agents’ Commission •Commission can be paid upfront or trail commission. • Market Practice: 1-1.5% (Equity funds) 0.6-0.8% (Debt Funds) • Higher commission paid for Tax-benefit schemes as there is a lock- in period.
  • 45. Agents’ Commission •The initial issue expense cap of 6% includes brokerage as well. •All SEBI regulated open ended funds are authorized to charge exit /entry loads to cover the funds’ distribution expenses. • A no load fund includes these expenses as a part of the regular management & marketing expenses. • SEBI prescribes a cap on all the total expenses that can be charged to a scheme each year. Any additional expense will have to be borne by the AMC
  • 46. Effective Selling of MF Schemes • Know the important characteristics of the scheme. • Know your client profile (age, risk tolerance,income levels) • Understand clients’ needs (investment objective,return expectation, cash flow requirement) • Assistance in making the right choice of investment • Encourage regular investment and seek commitment from the client to invest. • Personalized post sales service.
  • 47. SEBI's Advertising Code • The code protects from misleading investors. • Past performance is not a guarantee • Dividends declared/paid shall be mentioned in Rs.per unit • Only compound and annualized yield can be advertised for schemes for more than one year. • Annualised yield must be shown for at least one, three fine and since launch. • For less than one year performance may be shown in terms of total returns should not be annualized. • Appropriate benchmark should be chosen. And once chosen it should be consistent. • Where any ranking has been made should be explained.
  • 48. Appointment of Agents The key terms of agreement are as follows: • The agent will provide a copy of the abridged OD to the customer and will make available for inspection a copy of the OD and sell at price currently in effect. • The agent will execute all the transactions on behalf of the customer who will not have any recourse to the agent in case of an errors/problems/quality of investment. • The agent must make the customer know that the funds’ units are not endorsed by him and do not constitute his obligation. •Agent responsible at his expense to ensure compliance with applicable regulation in each jurisdiction. •Fund not responsible for any losses claims or damages.
  • 49. Key terms of Agreement………….2 • The agent will offer/sell/purchase unit at the current public offering price. • All orders become effective only upon acceptance and confirmation by the fund. • The agent is responsible to ensure compliance with the applicable regulations in each transaction he deals in and the fund is not responsible for any breach by agent in this regard.
  • 50. AMFI Code of Ethics AMFI has recommended a code of practices with respect to overall fund operation including distribution and selling. 1. Management of fund should be in the interest of unit holders. 2. High standards of service are expected from funds 3. Adequate disclosure standards 4. Professional Selling practices. 5. Fund Management in accordance to stated investment objective. 6. Avoid conflict of interest in its dealing with its employees. 7. Refrain from unethical market Practices.
  • 51. Fund broking practices in US  Cap on sales/distribution expenses.  Broker is not allowed to describe a fund as no load fund if it has front-end or default load.  Broker prohibited from recommending that purchase of units before ex-dividend may be advantageous.  Prohibited from using commission as a basis for recommending a fund.  Preferred pricing to specific investors prohibited.
  • 52. BEST OF LUCK Thank You