Schedule - 05 - Contents of the agreement for managing scheme property - Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999

FIFTH SCHEDULE SECURITIES AND EXCHANGE BOARD OF INDIA (COLLECTIVE INVESTMENT SCHEME) REGULATIONS, 1999 [Regulation 20(2)] CONTENTS OF THE AGREEMENT FOR MANAGING SCHEME PROPERTY The Investment Management Agreement shall contain the following clauses namely:- Obligations of the Collective Investment Management Company: 1. The Collective Investment Management Company (a) shall be responsible for floating 1 [collective investment scheme]s after obtaining approval from the trustee and managing the funds mobilised under various 2 [collective investment scheme]s, in accordance with the provisions of the Trust Deed, Offer document and regulations; (b) shall invest the funds raised under various 3 [collective investment scheme]s in accordance with the provisions of the Trust Deed, Offer document and the regulations; (c) shall not acquire any assets out of the 4 [collective investment scheme] property which involves the assumption of any liability which is unlimited or which may result in encumbrance of the 5 [collective investment scheme] property in any way; (d) shall not give or guarantee loans or take up any activity in contravention of the regulations; (e) shall ensure that no application form, or sales literature or other printed matter issued to prospective investors, or advertisement, or report and/or announcement addressed to the general body of unit holders, or to the public, or to the press or other communications media, is issued or published without the trustee s prior approval in writing, and contains any statement or matter extraneous to the Trust Deed or Offer Document 6 [collective investment scheme] particulars approved by the trustee and Board; (f) shall submit quarterly reports on the functioning of the 7 [collective investment scheme]s to the trustee or at such intervals as may be required by the trustee or Board. 2. The trustee : (a) shall have the right to obtain from the Collective Investment Management Company all information concerning the operations of the various 8 [collective investment scheme]s managed by the Collective Investment Management Company at such intervals and in such a manner as required by the trustee to ensure that the Collective Investment Management Company is complying with the provisions of the Trust Deed, Offer document and regulations; (b) shall have the power to remove the Collective Investment Management Company under the specific events only with the approval of Board in accordance with the regulations. 3. Meeting the losses No loss or damage or expenses incurred by the Collective Investment Management Company or its officers or any person delegated by the Collective Investment Management Company 9 [ , including those in relation to resolution of claims or disputes of investors in terms of regulation 14A ] , shall be met out of the trust property. ************* NOTES:- 1 Substituted by the SEBI (Collective Investment Schemes) (Amendment) Regulations, 2014, w.e.f. 9-1-2014. 2 ibid. 3 ibid. 4 ibid. 5 ibid. 6 ibid. 7 ibid. 8 ibid. 9. Inserted vide Notification No. SEBI/LAD NRO/GN/2023/137 dated 03-07-2023