Understand the Registration of Mutual Fund with SEBI
- A mutual fund is established as a trust, which has custodian, trustees, Asset Management Company (AMC), and sponsors. Sponsors or more than sponsors like, someone acting as a promoter of an organization, set up this trust. The legal trustees of the mutual fund hold its property to assist the unit holders.
- Asset Management Company (AMC) supported by SEBI deals with the funds by investing in securities of different-different types. Custodian needs to get registered with SEBI, controlling the securities of different schemes under his authority. The trustees are handed over the power of supervision and course over AMC. They keep a check that mutual fund functioning is in compliance with the provisions of SEBI.
- A candidate wanting to provide sponsorship to mutual fund (MF) in India can do so by submitting an application in Form A [Schedule 1 of the SEBI (Mutual Funds) Regulations, 1996 (hereinafter, alluded to as the Regulations)] alongside a non-refundable application fee of INR 5 lakh.
- The application is analysed and when the sponsor fulfils the qualification criteria, it is needed to finish the remaining requirements for setting up a MF. Apart from main requirements these incorporate, execution of trust deed and the agreement of investment management, setting up a trustee’s board containing 66% independent trustees, consolidating the asset management company (AMC), adding to minimum 40% of the total assets of the AMC and delegating a custodian. After fulfilling these conditions, and the registration fee of INR 25 lakhs, the certificate of registration is issued.
Process for getting Mutual Funds Registered with SEBI
An application to get mutual funds registered with SEBI will be made to the SEBI Board in Form Aby, along with the application of sponsor including non-returnable fee worth INR 5 lakhs.
Qualification measures
The candidate needs to satisfy the accompanying criteria in the process, for seeking a registration certificate:
The sponsor ought to have a sound history and general standing of reasonableness and integrity in the entirety of his business deals.
Clarification: For the purpose behind this provision "sound history" will mean the sponsor ought to-
- Should be carrying on a business dealing with financial services for a time of at least 5 years
- The net worth in every one of the immediately previous 5 years should be positive
- The net worth in the just preceding year is more than the capital contributed by the sponsor in AMC.
- The sponsor has earned profits subsequent to the payment of interest, tax and depreciation in at least 3 out of the immediate previous 5 years, inclusive of the 5th
- The candidate is a fit and legitimate individual.
On account of an existing mutual fund, it is established as a trust and SEBI has consented to the trust deed.
The net worth of the AMC essentially has a 40% contribution made by the sponsor.
Given that any individual holding 40% or a greater amount of the net worth of an asset management company will be considered to be a sponsor and will be needed to satisfy the qualification criteria determined in these guidelines-
- The sponsor or may it be the directors or the principal head proposed to be employed by the mutual fund should not be found at legitimate fault for extortion or fraud or neither charged for or convicted for an offense including moral turpitude or guilty of any economic offense;
- Trustees should be appointed for the mutual fund in compliance with the provisions of the regulations and should act as trustees;
- Asset Management Company should be framed to manage and operate various schemes of the mutual fund, in compliance with the provisions of the regulations;
- Custodians should be appointed to keep charge of the gold and gold related instrument, securities or other numerous assets held as far as these guidelines are concerned, and offer other related custodial assistance as might be approved by the trustees.
After receiving all the required data SEBI might register the mutual fund and grant registration certificate in Form B but only after the INR 25 lakhs is paid as a registration fee.
Every year before 15th April, an annual fee as determined under for each financial year from the year following the time of registration should be made by a mutual fund.
Average Assets under Management (AAUM) as on 31 March Annual Fee |
Annual Fee |
Up to INR 10,000 crore |
0.0015% of the AAUM |
Above INR 10,000 crore |
0.0010% of the part of AAUM in overabundance of INR 10,000 crore |
Dependent upon at least INR 2,50,000 and a maximum of INR 1,00,00,000.
Unfulfillment of the required criteria by sponsor, might lead to the rejection of application by SEBI informing the same to the applicant.