CCPA takes action against unauthorized sale of Walkie-Talkies on E-Com Platforms (See 'Corp Brief') IBC - Status of financial creditor is granted to individual allottees u/s 5(8)(f) of IBC, but this status does not extend to society they are members of, as society is distinct juristic entity: SC (See 'Legal Desk') IICA launches registration for Post Graduate Insolvency Programme (See 'Corp Brief') IBC - 'Pre-existing dispute' capable of barring initiation of CIRP u/s 9 IBC must be genuine and supported by substantive evidence, and not moonshine defence raised merely to obstruct CIRP: SC (See 'Legal Desk') Rs 1 Lakh Crore R&D Fund to propel Deep Tech Research: Goyal (See 'Corp Brief') A&C - Mere commercial relationship or marking of emails to principal employer does not establish legal intent to bind third-party sub-vendor to main arbitration agreement: SC (See 'Legal Desk') Govt positions Tribal Healers as Partners in Tribal Health Transformation (See 'Corp Brief') A&C - High Courts cannot effectively act as appellate court, re-appreciate evidence, and substitute its own interpretation in place of arbitral award: SC (See 'Legal Desk') India's Textile & Apparel Exports maintain growth momentum amid global headwinds (See 'Corp Brief') A&C - Arbitral tribunals must first look to contract that defines legal relationship between parties: SC (See 'Legal Desk') Ministry of Coal executes Agreements for 3 Blocks with Damodar Valley Corporation (See 'Corp Brief') IBC - Directors/ promoters cannot be exposed to personal liability through execution, in absence of prior and reasoned determination justifying disregard of corporate personality: SC (See 'Legal Desk') Govt prioritising data-driven, city-specific weather forecasting for public safety: MoS (See 'Corp Brief') Misc - If public authority holds any information in form of data, statistics, abstracts, then applicant can have access to same under RTI Act subject to exemptions u/s 8: IBBI (See 'Legal Desk') GeM marks 7 Years of Women-led MSE Participation in Public Procurement (See 'Corp Brief') FEMA - Amount of penalty which is to be imposed by Adjudicating Authority is matter of discretion which is necessarily required to be exercised judiciously: SAFEMA (See 'Legal Desk') CAQM conducts inspection of road stretches maintained by Municipal Corporation of Faridabad (See 'Corp Brief') NFRA-IndiaAI launch Financial Reporting Compliance Challenge (See 'Corp Brief') Minister chairs Regional Conference of Labour & Industry Secretaries of States (See 'Corp Brief') PMLA - Precondition for being proceeds of crime is that property has been derived or obtained, directly or indirectly, by any person as result of criminal activity relating to scheduled offence: SAFEMA (See 'Legal Desk') Joshi concludes Abu Dhabi Visit with focus on Clean Energy Investment (See 'Corp Brief') India among top 3 startup nations with substantial number of women-led ventures: MoS (See 'Corp Brief') PMLA - Company cannot escape from liability on account of its ex-directors: SAFEMA (See 'Legal Desk') DFS Secy reviews performance of Public Sector Insurance Companies (See 'Corp Brief') Patent Agent Examination 2026 held with 5,500 Candidates (See 'Corp Brief') CCI permits Chrys Capital to pick up equity in Nash Industries (See 'Corp Brief') Arbitration and Conciliation Act - as per Sections 38 & 39 of CPC, a decree can be executed by court with competent jurisdiction, including court where respondent's assets are located: HC (See 'Legal Desk') PFRDA undertakes NPS Outreach for MSMEs at Vibrant Gujarat (See 'Corp Brief') TRAI assesses Network Quality Across Nasik and Surrounding Area (See 'Corp Brief') YUVA AI: A step towards democratising access to AI Knowledge (See 'Corp Brief') SEBI - Direct acquisition of shares in Vodafone Idea by Government, arising from conversion of interest on deferred spectrum auction and AGR dues into equity, should be exempted from mandatory open offer requirements: SEBI (See 'Legal Desk') 'Jo Vaada Kiya, Wo Nibhana Padega' - Promissory Estoppel Reaffirmed: Supreme Court Reiterates the Rules of State Accountability (See CORP EINSICHT) Strategic Alliance between ICAR and NDDB to strengthen Innovation (See 'Corp Brief') BHASHINI Samudaye: Strengthening India's Language AI Ecosystem (See 'Corp Brief') Industrial Units are entitled to disbursal of capital investment subsidy & DG Set subsidy, and State Functionary is precluded from refusing to disburse same: SC (See 'Legal Desk') Minister reviews steps to romote manufacturing of Rare Earth Permanent Magnets (See 'Corp Brief') IIT Delhi hosts Seminar on advancing Quality Assessment of Medicinal Plants (See 'Corp Brief') IPR - Importance of doctrine of 'initial interest confusion' in pharmaceutical trade, affirming that even fleeting moment of confusion at initial stage is sufficient for infringement: HC (See 'Legal Desk') Pradhan interacts with PM-YUVA 3.0 authors at World Book Fair 2026 (See 'Corp Brief') Companies Law - Sec 433 of Companies Act, 2013 , which empowers NCLT/NCLAT to apply Limitation Act, 1963, cannot be given retrospective effect to empower CLB: SC (See 'Legal Desk') Chouhan addresses Young Leaders at Viksit Bharat Dialogue 2026 (See 'Corp Brief')

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