{"id":850,"date":"2019-08-05T12:01:23","date_gmt":"2019-08-05T12:01:23","guid":{"rendered":"http:\/\/blog.certifiedfinancialguardian.com\/?p=850"},"modified":"2019-08-05T12:27:05","modified_gmt":"2019-08-05T12:27:05","slug":"good-governance-missing-sebi-flag-23-irregularities-with-mutual-funds","status":"publish","type":"post","link":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/2019\/08\/05\/good-governance-missing-sebi-flag-23-irregularities-with-mutual-funds\/","title":{"rendered":"Good Governance Missing: SEBI Flag 23 Irregularities With Mutual Funds"},"content":{"rendered":"\n<p>The SEBI has decided to take matters more\nseriously in the interest of investors. It has pulled out 23 irregularities of\nMutual Funds. &nbsp;<\/p>\n\n\n\n<p>SEBI sent a letter notifying the Association\nof&nbsp;Mutual Funds&nbsp;in India (AMFI) about the irregular practices of\nmutual funds that the inspection team observed for a period, from April 01,\n2016 to March 31, 2017. <\/p>\n\n\n\n<p>Some of the major observations from the\nletter are:<\/p>\n\n\n\n<ol><li><em>Failure to liquidate equity\nportfolio of close-ended schemes on or before the date of maturity of the\nscheme. <\/em><\/li><li><em>Instances of misleading the\ninvestors by reporting incorrect data on investor complaints in Annual Reports\non the MF\/AMFI\u2019s website. <\/em><\/li><li><em>Instances in which the performance\nof only selected schemes were presented to the Board of AMC and Trustee for\nperiodic review and not all the schemes.<\/em><\/li><li><em>Failure to report OTC trades\nin debt securities on reporting platforms within 15 minutes from the time of\nexecution of the trades by the dealers. Such delayed reporting has impacted effective\nprice discovery and valuation of such securities. <\/em><\/li><li><em>Instances of non-disclosure\nof transactions of debt and money market securities (including inter scheme\ntransfers) in its schemes\u2019 portfolio on AMCs\u2019 website.<\/em><\/li><li><em>No internal system to segregate\nbetween existing and new investors which lead to AMCs levying additional\ntransactional charges on existing investors considering them as new investors.<\/em><\/li><li><em>Failure to institute\ninternal systems to detect splitting investments of investors by distributors\nin order to enhance the amount of transaction charges. Also, failure to take\naction against such distributors including recommendations to AMFI to take\nappropriate action. <\/em><\/li><li><em>Failure to identify and\nappropriate all expenses in the individual schemes as per the regulatory\nrequirements.<\/em><\/li><li><em>Failure to ensure that\ndirect plans have lower expense ratio than regular plan and the difference is\nto the extent of all distribution expenses &amp; commission paid. <\/em><\/li><li><em>Instances where the compliance\nofficer has further delegated the responsibility to other staff members to\nprocess applications of access person with respect to trading in securities.<\/em><\/li><li><em>Redemption transactions are\nprocessed for non-PAN exempt existing folios without getting PAN details which\nis not in line with various SEBI circulars.<\/em><\/li><li><em>Instances wherein AMC\ncontinued to accept business from distributors who were suspended by AMFI.\nFurther AMC also failed to ensure that no commission is paid to such\ndistributors during the period of suspension.<\/em><\/li><li><em>Instances of distributor\u2019s\nempanelment by AMCs with expired AMFI Registration Number (ARN).<\/em><\/li><li><em>Delay in transferring\nunclaimed redemption\/dividend amount to a separate scheme launched as per\nSEBI\/HO\/IMD\/DF2\/CIR\/P\/2016\/37 dated February 25, 2016.<\/em><\/li><li><em>Instances of inappropriate utilization\nof funds meant for investor education, such as spending on programs meant for\nFinancial Advisors, charging of expenses to the said funds for printing\nmaterials such as notebooks, planners and calendars, and charging of expenses\nwithout adequate records, etc. <\/em><\/li><li><em>Instances wherein interest\naccrued but not due, on fixed income securities, was not included in the\ncalculation of exposure leading to the scheme breaching cumulative gross\nexposure limit as per the regulatory requirement.<\/em><\/li><li><em>Instances of not sending\nphysical copy of annual reports or abridged summary of annual reports to the\nunit holders whose email has bounced back. Further AMC has not taken steps to\nupdate the correct id of such investors. <\/em><\/li><li><em>Failure of internal control\nsystems whereby AMC failed to check investment in cash for more than Rs\n50,000\/- by single investor in a financial year. <\/em><\/li><li><em>Instances of incorrect and\ninadequate submissions in periodic reporting to SEBI.<\/em><\/li><li><em>Instances of investment in\nNFO through switch out transaction request from an existing scheme and the\nreversal of the said transaction at the earlier NAV in case of failure of the\nNFO.<\/em><\/li><li><em>Instances of non-allotment\nof direct plan to investors within 30 days wherein correct ARN\/complete ARN was\nnot received which leads to unreasonable gain to the AMC as distribution\ncommission is charged to the investor but not paid to any distributor.<\/em><\/li><li><em>Failure to do regular\nreconciliation of funds received in different schemes which led to funds of one\nscheme being invested in another scheme for long periods resulting in loss to\nthe scheme in which funds should have been invested.<\/em><\/li><li><em>&nbsp;Failure to pay consolidated\namount along with break up for interest for the period of delay in dispatch of\nrepurchase \/redemption warrants when such payments are made to the investors.<\/em> <\/li><\/ol>\n\n\n\n<p>These observations made by the market\nregulator highlight so many instances, wherein the investors&#8217; interest has been\ncompromised. <\/p>\n\n\n\n<p>Amidst all the upheaval going on in the\neconomy; subdued growth, lower consumer sentiment, the volatility of the equity\nmarkets, corporate ratings downgrading, global political movements, crude price\nchanges, trade war tensions, etc., this letter is another big blow for the\ninvestors, who are trying to adapt to the dips that their investment portfolio has\nwitnessed. <\/p>\n\n\n\n<p>Considering the diversification and rupee-cost averaging as the key benefits of investing in <a href=\"https:\/\/www.personalfn.com\/mutual-fund\/what-is-mutual-fund\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">mutual funds<\/a>, many investors invested heavily in mutual funds. <\/p>\n\n\n\n<p>But this letter highlights the multiple\nways, in terms of the transaction cost, incorrect reporting, collaborations\nwith suspended distributors, breach of a regulatory framework, misuse of\ninvestor education funds, etc., investors have been betrayed because of the\nirregularities of mutual fund houses being unethical and non-transparent in\ntheir dealings. <\/p>\n\n\n\n<p>[<strong>Read<\/strong>: <a href=\"http:\/\/blog.certifiedfinancialguardian.com\/index.php\/2019\/04\/24\/are-mutual-funds-crossing-their-limits\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">Are Mutual Funds Crossing Their Limits?<\/a>]<\/p>\n\n\n\n<p>Plus, in one of the recent news reporting,\nby The Economic Times, \u2018<em>Union minister\nAnurag Thakur said that SEBI&nbsp;noticed various irregularities with respect\nto functioning of mutual funds like failure to identify and appropriate all the\nexpenses in individual schemes as per regulatory requirements<\/em>.\u2019&nbsp;<br>\n<br>\nAnurag Thakur even added<em>, &#8220;During\n2018-19, 47 warning letters and 24 deficiency letters were issued to mutual\nfunds\/ Asset Management Companies and two warning letters were issued to\ntrustees of mutual funds while adjudication proceedings were initiated against\nfive AMCs, four trustee companies and one CEO of AMC.&#8221;&nbsp;<\/em><\/p>\n\n\n\n<p>Despite the many stringent measures taken\nin the past for the financial wellbeing of investors, which the mutual fund\nhouses continue to cope with, the audit report and letter of warning based on\nthe observations do not paint a good picture of Mutual Fund industry. <\/p>\n\n\n\n<p>Disgruntled investors losing trust is the\nbiggest failure for investment and every player in the mutual fund industry. <\/p>\n\n\n\n<p>If\nmutual fund industry has to see growth, each and every one is equally\nresponsible. Mutual fund houses need to put in practice the best fiduciary\nstandards as custodian of peoples\u2019 hard-earned money, be more responsible asset\nmanagers (and not become asset gatherers) to uphold their investors\u2019 interest\nas the topmost priority. <\/p>\n\n\n\n<p>Fund\nhouses should not mis-sell products; but instead educate investors, adequately\nuse funds allocated to the schemes responsibly through ethical intermediaries\/advisers\nwho are certified from a recognised governing body and follow ethical practices.\nThe fund managers should not invest investors hard-earned money in an ad hoc\nmanner in order to generate higher returns.<\/p>\n\n\n\n<p>Even the advisers play a key role, hence\nthey should follow ethics to earn trust, placing the investor\u2019s\/client\u2019s\ninterest first and always follow high fiduciary standards. For the Indian\nmutual fund industry to scale new heights, the collective effort of\ndistributors and investment advisers are necessary. Mutual fund distributors\nand investment advisers also need to well receive regulatory changes. <\/p>\n\n\n\n<p>In addition, advisers should recommend products after due diligence to the investors based on their needs, risk profile, investment objectives, financial goals, and their time horizon. Also, educate investors on the importance of asset allocation, which is a <a href=\"https:\/\/www.personalfn.com\/alpha-copy-july-19.html?campaignid=615\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">strategy<\/a> in itself. This judicious approach can help IFAs gain the confidence of investors.&nbsp;<\/p>\n\n\n\n<p>[<strong>Read<\/strong>: <a href=\"http:\/\/blog.certifiedfinancialguardian.com\/index.php\/2019\/05\/31\/how-ifas-can-prepare-clients-for-uncertainties\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">How IFAs Can Prepare Clients For Uncertainties<\/a>]<\/p>\n\n\n\n<p>So, be the \u201c<a href=\"http:\/\/www.certifiedfinancialguardian.com\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">Certified Financial Guardian<\/a>\u201d, who the investors can trust to handhold them and empathetically address the clients\u2019 financial concerns ethically. <\/p>\n\n\n\n<p>Certified Financial Guardians can help\nadvisers grow their business, but for investors\/clients to stick around for the\nlong term, it is important for IFAs to build a relationship founded on ethics\nand prudent business practices. <\/p>\n\n\n\n<p>[<strong>Read<\/strong>: <a href=\"http:\/\/blog.certifiedfinancialguardian.com\/index.php\/2019\/04\/12\/how-ifas-can-gain-the-trust-and-respect-of-their-clients\/\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">How IFAs Can Gain the Trust and Respect of Their Clients<\/a>]<\/p>\n\n\n\n<p>Remember, building trust and gaining the\nrespect of investors\/clients is a process; IFAs need to earn their goodwill. It\nwill not happen by chance, but with renewed diligence. As a dedicated adviser,\nIFAs should consistently be there for them throughout their financial journey\nand make a conscious effort.<\/p>\n\n\n\n<p>Besides, it is equally important that even\nthe investors do their own research to choose the unethical, unbiased,\nexperienced, and research-backed adviser from a reputed company. <\/p>\n\n\n\n<p><a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/www.personalfn.com\/\" target=\"_blank\">PersonalFN<\/a> has a proven track record in investment planning, has offered investment recommendations to more than 8,000 clients, and has created customised financial plans for more than 2,000 clients to date. This has been possible because PersonalFN provides unbiased and ethical recommendations, guiding along the way investors to assess their risk profile before any investment, and advises them on direct schemes by  <a rel=\"noreferrer noopener\" href=\"https:\/\/www.personalfn.com\/services\/mutualfund-research\" target=\"_blank\">thorough research<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The SEBI has decided to take matters more seriously in the interest of investors. It has pulled out 23 irregularities of Mutual Funds. &nbsp; SEBI sent a letter notifying the Association of&nbsp;Mutual Funds&nbsp;in India (AMFI) about the irregular practices of mutual funds that the inspection team observed for a period, from April 01, 2016 to&hellip;<\/p>\n","protected":false},"author":4,"featured_media":851,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"cybocfi_hide_featured_image":""},"categories":[3],"tags":[],"_links":{"self":[{"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/posts\/850"}],"collection":[{"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/comments?post=850"}],"version-history":[{"count":2,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/posts\/850\/revisions"}],"predecessor-version":[{"id":853,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/posts\/850\/revisions\/853"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/media\/851"}],"wp:attachment":[{"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/media?parent=850"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/categories?post=850"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.certifiedfinancialguardian.com\/index.php\/wp-json\/wp\/v2\/tags?post=850"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}