Structure of Mutual Funds in India

The structure of mutual funds in India is three-tiered. It starts with the setup of a trust, comprising a sponsor, trustees, and an Asset Management Company (AMC). The sponsor initiates the fund and registers it with the Securities and Exchange Board of India (SEBI); the trustee is responsible for safeguarding the mutual fund’s assets for the unit holders and ensuring compliance with regulations; and the AMC manages the fund’s investments. 

A mutual fund starts by collecting money from various investors and then invests it in securities based on the predefined objectives of the fund. After subtracting the AMC’s expenses, the profits or income earned from mutual fund investments are distributed to the investors. 

This post explores the structure of mutual funds in India in detail to help you make informed financial decisions. 

Structure of a mutual fund organisation

The Securities and Exchange Board of India (SEBI) is the regulatory body that manages all mutual funds in India. It has mandated a three-tiered structure for any fund house in India. These tiers are as follows -

• Sponsor
• Trustee
• Asset Management Company (AMC)

Each of these tiers has specific responsibilities and specific eligibility criteria. Let’s take a better look at each of them.

1. Sponsor (or guarantor)

In simple terms, a fund sponsor or guarantor is anyone who starts a mutual fund. This could be an individual or an individual partnered with another entity (associate company). The primary roles of a fund sponsor include:

• setting up a mutual fund
• approaching the SEBI for permissions
• promoting the associate company handling the fund
• recruiting people to ensure the fund house functions efficiently (appointing the AMC, custodian, transfer agent, auditor, and registrar)

Wondering about the eligibility requirements to become a sponsor? Well, here are the main criteria specified by the SEBI. Keep in mind that these criteria also apply to entities functioning as sponsors.

• The sponsor must have at least five years of hands-on experience in the financial services and products business, with a net positive Total Worth.
• The sponsor’s net worth in the previous year should be more than the wealth contributed to setting up the fund house.
• The sponsor should be able to put in at least 40% of their net worth while setting up the fund house.
• The sponsor should have good returns in the past three to five years before setting up the fund house.

2. Trustees

After the sponsor creates the trust through a trust deed, the AMC appoints the board of trustees to keep track of the activities of the fund house and preserve the investor’s faith in it. A trustee from the board of trustees could be a member of the board of directors, a bank, or a company approved by the Securities and Exchange Board of India.

Most fund houses appoint a minimum of four trustees to handle operations, or they select a trustee company with no less than four directors to run the fund. Of these, two-thirds will have to be independent. Additionally, the AMC cannot appoint trustees from the same group. This ensures there is no partiality involved during the appointment.

The primary functions of the trustees include:

• Ensuring the fund house undertakings are compliant with SEBI guidelines
• Ensuring proper selection of other fund members (AMC, CEO, fund managers, CIO, registrar, etc.) based on their skills
• Validating schemes published by the fund house
• Ensuring the company’s worth is as per the rules
• Reporting to the Securities and Exchange Board of India twice a year
• Ensuring the fund house is following compliance
• Appointing distributors and brokers

And that’s not all. Since the trustees are directly responsible for upholding the trust of investors, their functions also include the following:

• Requesting information about fund operations, whether SIP investments, equity funds, or other fund types, as required.
• Punishing and initiating strict action if the AMC board members do not comply with the Securities and Exchange Board of India regulations, or when the interests of the investors are not protected.
• Dismissing the AMC in case of prolonged non-compliance with policies, etc.

Now that we know about the middle tier of the 3-tier mutual fund structure, it’s time to uncover the final tier: AMCs or Asset Management Companies. Let’s get into it.

3. Asset Management Companies (AMCs)

The Asset Management Company (AMC) or the Fund Management Firm is also the functioning investment manager of the trust. But before that, it needs to get registered with the Government of India.

At present, there are three kinds of AMCs in India:

• Private Companies
• A Public Limited Company associated with a Wholly-Owned Subsidiary
• Joint Ventures

Here are the roles of AMCs:

• Launch and initiate mutual fund schemes
• Generate funds with trustees and founders, and monitor their development
• Manage funds and solicit associate services with bankers, brokers, lawyers, registrars, etc.

In addition, the government’s supervisory body has mandated a few extra rules to ensure businesses and roles of AMC employees do not clash. These include:

• AMCs cannot make decisions regarding fund house functions on their own. In most cases, they can provide services like portfolio management, asset management, etc.
• The AMC cannot nominate a trustee on any mutual fund house of which they are a part.

Other participants in the structure of mutual funds

Example of the structure of the mutual fund

Here’s the complete list of participants in the Tata mutual fund structure:

• Sponsor – Tata Sons Limited & Tata Investment Corp. Ltd.
• Trust – Tata Trustee Company Private Limited
• AMC – Tata Asset Management Limited
• Custodian – Deutsche Bank; HDFC Bank; Standard Chartered Bank; ICICI Bank; Orbis Financial Corporation Ltd
• RTA – Computer Age Management Services (CAMS) Limited
• Auditor – Kalyaniwalla & Mistry LLP and S.R. Batliboi & CO. LLP

Conclusion

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