Special Campaign: Waste Disposal generates revenue of Rs 15.74 Crores (See 'Corp Brief') IBC - Provisions of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 contravened where RP unilaterally withdraws higher monthly fee without prior approval of CoC: IBBI (See 'Legal Desk') Delhi Railway Area handles 5 Lakh Passengers Daily - Footfall rises to 8 Lakh during festivals (See 'Corp Brief') IBC- SC exercises power under Article 142 - Borrower firm to pay further sum of 125 crores rupees as full & final settlement of all claims concerning assigned debt: SC LB (See 'Legal Desk') Legislative Department initiates Interaction Series on Personal Effectiveness in Leadership (See 'Corp Brief') National Exercise strengthens India's Preparedness for Foot-and-Mouth Disease (See 'Corp Brief') IBC - Once existence of financial debt & a default is clearly established through unimpeachable evidence & records from information utility, admission of application u/s 7 is mandatory: NCLAT (See 'Legal Desk') NHAI Guidelines to standardise Design and Infrastructure for Multi-Lane Free Flow Tolling (See 'Corp Brief') A & C - Clause 26 of Special Conditions of Contract operates as express contractual bar within meaning of Section 31(7)(a) of the Act, thereby prohibiting arbitral tribunal from awarding pre-reference & pendente lite interest: SC (See 'Legal Desk') Centre reviews progress of AB PM-JAY and ABDM with States (See 'Corp Brief') A&C - Petitioner's deliberate omission of material bank account & failure to disclose operational details, even upon specific judicial inquiry, constitutes incomplete compliance with Rule 41(2) - exercise of discretion under Rule 41(3) to issue arrest warrants is justified: HC (See 'Legal Desk') Reddy calls for expediting Mineral Exploration and Strengthening Centre-State Coordination (See 'Corp Brief') MY Bharat's 'Viksit Bharat Yuva Samvad: Know Your Vote' Campaign reaches Over 1 Lakh Youth (See 'Corp Brief') PBPT - Intention behind benami arrangement may be inferred from surrounding circumstances & material on record, even where such intention is not established through direct evidence: Tribunal (See 'Legal Desk') Ministry of Mines launches 9th Tranche of Critical Mineral Block Auction (See 'Corp Brief') Union Health Minister reviews progress of AIIMS Awantipora; directs expeditious completion (See 'Corp Brief') Competition Act - Relief being of the nature of final relief cannot be sought at a stage when the matter is being investigated by the DG: CCI (See 'Legal Desk') BRE Summit & Expo 2026 reinforces India's Position as Major Global Force in Renewable Energy: Joshi (See 'Corp Brief') A&C - Judicial intervention in arbitral proceedings is warranted only in exceptional cases, such as where party is left remediless under the statute or where clear bad faith is established: HC (See 'Legal Desk') An unsuccessful 'success fee' litigation (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