What is Registration of Mutual Funds with SEBI
Managing of funds is upon the Asset Management Company (AMC) which is duly approved by the SEBI for investing the funds in various securities. Custodian who is registered with SEBI holds the securities of various schemes of funds in its custody. Trustees look after the performance and compliance of SEBI Regulations by Mutual Funds.
An applicant who is willing or proposing to sponsor the Mutual Fund, he must fill the Form-A (First schedule of SEBI (Mutual Funds) regulations) along with the non-refundable fee of INR 5 Lacs.
Then the Application applied is further examined by the sponsors and after satisfaction of the eligibility criteria, it is duly passed from its further processing. After the satisfaction of Sponsors by eligibility criteria then remaining formalities for setting up a Mutual Fund is conducted, which includes inter alia, executing the Trust Deed and investment management agreement, setting up a Trustee company/ board of trustees comprising of two third independent trustees, incorporating the AMC, contributing to at least 40% of the net worth of AMC and appointing a custodian. Therefore after satisfied with these conditions, the registration certificate is issued subject to the payment of registration fees of INR 25 Lakhs.
Procedure for Registration of Mutual Fund with SEBI
1)An application for registration of Mutual Fund shall be made to the board (SEBI) in form A by the sponsor along with the non-refundable fee of INR R Lakhs.
2)There is some eligibility criteria which applicant has to follow and they are as follows-
-The sponsor shall be carrying on business in financial services for a term not less than 5 years.
-The net worth should be positive in all immediately preceding 5 years.
-The net worth is immediately preceding year is more than capital contribution of sponsor in the asset management company.
-The sponsors has profits after providing for depreciation interest and tax in 3 out of the immediately preceding 5 years.
-The applicant is a fit and proper person.
3. In the case of an existing mutual funds then such form must be in the form of a trust deed or trust which has been approved by the SEBI.
4. The sponsors must have contributed at least 40% to the net worth of the asset management company.
Provided that, a person who his having more than 40% of the networth of the Asset management company, that person would be deemed as a sponsor and will be required to fulfill the eligibility criteria specified in regulations-
-The sponsors or any other Directors shall not be convicted of any offence, fraud or found guilty of any economic offence.
-Appointment of trustees is to be done to act as trustees for the mutual funds in accordance with the provisions of the regulations.
A-ppointment of asset management company for managing the funds of the company and such funds must be with accordance with the provisions of these regulations.
-Appointment of custodian is to be done in order to secure the securities or gold or any other security in their custody.
SEBI may grant registration certification on compliance or fulfilling of the above mentioned criterias in form B subject to the payment of registration fees of INR 25 Lakh.