Prasada inaugurates STQC Lab Automation Portal 'SATYA' (See 'Corp Brief') Indian Delegation visits Vietnam to Open New Opportunities in Silk, Sericulture & Handloom (See 'Corp Brief') Paswan releases Plastic Industry Status Report 2025 (See 'Corp Brief') Trade Mark - prior user rights override subsequent registration, particularly where adoption of deceptively similar subsequent trade mark, is not bona fide & is aimed at riding on existing goodwill of existing trade mark: HC (See 'Legal Desk') CCI registered 54 cases of anti-competitive practices in 2025 (See 'Corp Brief') National Institute of Ayurveda reaffirms role as global centre for education & patient care (See 'Corp Brief') Electronic Interlocking rolled out at 34 Railway Stations of N-E (See 'Corp Brief') PMLA - Objectives of enacting PMLA 2002, was attachment and confiscation of proceeds of crime which is quintessence so as to combat evil of money-laundering: SAFEMA (See 'Legal Desk') Khelo India Multipurpose Hall at SAI Sambhajinagar is addition to Olympic readiness: MoS (See 'Corp Brief') PM addresses community programme in Kuala Lumpur (See 'Corp Brief') A & C - mandate of arbitrators appointed unilaterally by one party, merits being terminated, where the other party explicitly refuses to waive applicability of Section 12(5) of the Act: HC (See 'Legal Desk') India-US Trade Agreement: Major boost for Textile Industry (See 'Corp Brief') IBC - In unavailability of adequate document/information and considering effect of limitation period, assigning of 'zero' value to trade receivables, without any due justification, is not appropriate: IBBI (See 'Legal Desk') India has signed MoUs with 23 countries for cooperation on Digital Public Infrastructure (See 'Corp Brief') A&C - Once arbitral tribunal has adopted plausible & reasonable interpretation of facts and contractual terms, courts cannot re-appreciate evidence or sit in appeal over award: SC (See 'Legal Desk') Railways inspects All Bridges Twice a Year (See 'Corp Brief') A&C - Permitting a civil suit to challenge an award confirmed by the Supreme Court would undermine the arbitral framework and public confidence in arbitration: HC (See 'Legal Desk') Over 1.25 lakh Livestock Farmers joined Virtual Awareness Program: MoS (See 'Corp Brief') A & C - Referral court not required to conduct detailed or contested inquiry & must limit itself to ascertaining whether underlying contract contains an arbitration clause covering disputes between the parties: HC (See 'Legal Desk') Pariksha Pe Charcha marks First-Ever multi-location nationwide engagement (See 'Corp Brief') SEBI - If Noticee violated regulation 23(1) and 23(4) of LODR Regulations as alleged in SCN, Noticee is liable for payment of monetary penalty in terms of section 15HB of SEBI Act: SEBI (See 'Legal Desk') TRAI issues Telecommunication Services Interconnection Regulations, 2026 (See 'Corp Brief') Trade Marks - Procedural defects & inadvertent errors which are curable should not be permitted to defeat substantive rights, unless shown to be deliberate, mala fide, or prejudicial to opposite party: HC (See 'Legal Desk') The Securities Markets Code, 2025: Strengthened Enforcement, Weakened Accountability? (See 'CORP EINSICHT')

Mutual funds - 47 warning letters issued this fiscal for non-compliance: MoS

Published: Jul 15, 2019

By TIOLCORPLAWS News Service

NEW DELHI, JULY 15, 2019: THE Union Minister of State for Finance & Corporate Affairs, Mr Anurag Thakur, today in Parliament drew attention to the issue of irregularities in Mutual Funds. He mentioned that as per the Securities and Exchange Board of India (SEBI) Act, 1992, Mutual Funds are regulated by SEBI as per SEBI (Mutual Funds) Regulation, 1996. SEBI has informed that, in its regulatory oversight which includes inspections as well as off-site supervision, it has noticed various irregularities with respect to the functioning of Mutual Funds like failure to identify and appropriate all the expenses in the individual schemes as per the regulatory requirements, instances of borrowing for purposes other than those allowed under Mutual Fund Regulations; failure to carry out valuation of investments made by its scheme(s) in accordance with the investment valuation norms specified in Eighth Schedule; instances of close ended schemes investing in assets which had maturity beyond the maturity of the scheme; non-adherence to sectoral limits for debt-oriented schemes resulting in concentration of risk.

Based on the said irregularities/ non-compliances, following actions under SEBI Act, SEBI (Mutual Fund) Regulations, 1996 and Circulars issued thereunder, have been taken and reported in the SEBI Annual Reports –

(i) During 2016-17, 37 warning letters and 35 deficiency letters were issued to Mutual Funds/ Asset Management Companies (AMCs) while Adjudication proceedings were initiated against three Mutual Funds.
(ii) During 2017-18, 17 warning letters and 15 deficiency letters were issued to Mutual Funds/ AMCs and two deficiency letters were issued to the Trustees of Mutual Funds.
(iii) During 2018-19, 47 warning letters and 24 deficiency letters were issued to Mutual Funds/AMCs and two warning letters were issued to Trustees of Mutual Funds while, Adjudication proceedings were initiated against five AMCs, four Trustee Companies and one CEO of AMC.

The SEBI, in consultation with the Central Government, on a continuous basis examines various issues concerning mutual funds and reviews the regulatory mechanism to enhance transparency and disclosures, reduce risk for the investors, enhance regulatory supervision, etc. Further, SEBI has also taken various steps in this regard during the last three Financial years like mandating disclosure of performance related information in Mutual Fund advertisements, enhancing fund governance for mutual funds, rationalization of Total Expense Ratio, norms for addressing the issue of potential conflict in case of shareholding and governance of Mutual Funds, categorization and rationalization of Mutual Fund Schemes, cyber Security and cyber resilience framework of Mutual Funds/Asset Management Companies etc.

TIOL CORP SEARCH

TIOL GROUP WEBSITES