Railways launches Special Drive for Disinfection of Drinking Water Tanks (See 'Corp Brief') Regional Manthan Conference on Road Safety held (See 'Corp Brief') Minister highlights successful Blended Green-Finance Framework for Land Restoration (See 'Corp Brief') IPR - Mere addition of descriptive suffix or insertion of corporate descriptors in trade name, does not sufficiently distinguish, particularly when competing goods target same class of consumers: HC (See 'Legal Desk') India Post accelerates Digital and Infrastructure Transformation with Upgraded Dak MITRA (See 'Corp Brief') NA-Allocated Talabira II & III Coal Mines mark Record Production in FY 2025-26 (See 'Corp Brief') MeitY Startup Hub, MSH Emerging as Key National Enabler for India's Startup (See 'Corp Brief') SEBI - Bail denied where alleged offences involve large-scale cheating of investors and mobilisation of public funds, causing harm to individuals as well as to public confidence & economy: HC (See 'Legal Desk') India-Cambodia Bilateral Trade grows over 36% to USD 406.78 Million (See 'Corp Brief') India restored 21.76 mn ha land during 2011-2020: Yadav (See 'Corp Brief') IBC - Extraordinary remedies such as forensic audit u/s 241-242 of Companies Act cannot be granted on mere allegations or shareholder distrust: NCLT (See 'Legal Desk') NCSK distributes Appreciation Certificates among Outstanding Safai Karamcharis (See 'Corp Brief') Stakeholders explore actionable measures to promote inclusivity across financial institutions (See 'Corp Brief') SEBI - Writ court's intervention not needed in respect of a preliminary SCN proposing to conduct an inquiry & giving opportunity to petitioner to present objections: HC (See 'Legal Desk') EPFO urges establishments to utilize Employees' Enrolment Campaign, 2026 (See 'Corp Brief') SEBI - Regulator cannot substitute its own commercial judgment for business decision of a company in relation to funding its wholly owned subsidiary: SAT (See 'Legal Desk') MoS delivers inaugural address at BRICS Science Ministerial Meet at Chennai (See 'Corp Brief') SEBI - Noticee cannot be held liable for carrying out unregistered investment advisory activities or for promising assured returns where evidence does not exist to show that Noticee conducted core advisory activities: SEBI (See 'Legal Desk') Procurement of tyres: CCI imposes penalty on Rekha Agencies and SS Marketing (See 'Corp Brief') Sonowal inaugurates Rs 428 Crore Projects at Paradip Port (See 'Corp Brief') Committee discusses Next Phase of UDAN & strengthening of Pilot Training Ecosystem (See 'Corp Brief') IPR - Trademark registration is liable for cancellation u/s 57(2) of Trade Marks Act if it is made without sufficient cause: HC (See 'Legal Desk') Office of Pr. CCA, Delhi, celebrates National Senior Citizens Day (See 'Corp Brief') SARFAESI - In respect of monies recoverable from a defaulting entity, the dues payable to a bank, being financial creditor, do not take precedence, over dues owed to the EPFO: HC (See 'Legal Desk') Tete-a-tete around AI in banking sector often begins with algorithms (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