Home Acts & Rules SEBI Regulation Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 Chapters List Schedules Sch SCHEDULES This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Schedule - 01 - Forms - Securities and Exchange Board of India (Mutual Funds) Regulations, 1996Extract FIRST SCHEDULE FORMS FORM A Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 (Regulations 3, 5) Application for the grant of registration of mutual fund Name of applicant....................... .. .. Contact person . ................................ .. .. Name of the Compliance officer............................................................... . Telephone No. : ...................................................... Fax No. .................................... Instruction for filling up form:- 1. Applicants must submit a completed application form together with appropriate supporting documents to the Board. 2. It is important that this application form should be filled in accordance with the regulations. 3. An application which is not complete is liable to be rejected. 4. Answers must be typed and legible. 5. Information which needs to be supplied in more details may be given on separate sheets which should be attached to the application form. 6. The application must be signed by the competent person having authority to do so and all signatures must be in original. APPLICATION BY SPONSOR OF THE MUTUAL FUND FOR REGISTRATION 1. Name of the sponsor 2. Address of the registered office/correspondence address Telephone Nos. Telex Nos. Fax Nos. 3. Name of the contact person 4. Date and place of incorporation of the sponsor (enclose a copy of certificate of incorporation) 5. Objects of the sponsor (enclose copy of the Memorandum and Articles of Association) Main objects Ancillary objects 6. Capital structure and shareholding pattern 7. Present line of business activities Number of years in that line 8. Condensed financial information (enclose balance sheets and profit and loss account for five years) 1 [ 8A. Latest networth certificate from the statutory auditor ] 9. Accounting policies (furnish description of significant accounting policies) 10. Systems and procedures (furnish description of systems and procedures in the company and essential internal controls in order to carry on the business of the company) 11. Names of the associate organisations/group companies/subsidiaries, etc. 12. Management of the sponsor Board of the company with names, experience, qualification, and profession of the Directors Names of key personnel Organisational structure Board of Directors of associate organisations, companies and subsidiaries 13. Names and addresses of the bankers of the sponsor 14. Names and addresses of the auditors of the sponsor 15. Court cases/litigations in which the sponsor may have been involved in the last three years 16. An application for registration of mutual fund shall be accompanied by a copy each of (A) Draft trust deed; (B) Draft investment management agreement; and (C) Draft custodian agreement CONDENSED FINANCIAL INFORMATION (A) Income statement Years (Rs.) 1 2 3 4 5 Income: Dividend Trading Management Fee Other income Total ___________________ Expenses: Director s remuneration Trusteeship fees Custodian fees Registrar s fees Other expenses Total _____________________ Gross Profit Depreciation Net profit before tax Tax Profit after tax Dividends Retained earnings (B) Assets and liabilities Years (Rs.) 1 2 3 4 5 Assets: Fixed Assets Gross Depreciation Net value Current assets Investments* ______________________ Others (please specify) Cash and bank balances Less: Current liabilities and Provisions Net worth _______________________ Represented by : Issued and paid up capital Free reserves (excluding revaluation reserves) Total _______________________ *Provide full particulars of investments. FORM B Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 [Regulation 9] Certificate of registration I. In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), read with the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 made thereunder the Board hereby grants a certificate of registration to .................... as a Mutual Fund. II. Registration Code for the Mutual Fund is MF/ / /. Date.................... By order Sd/- For and on behalf of the Securities and Exchange Board of India FORM C Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 [Regulation 16(1)(d)] Trusteeship of the mutual fund (1) If the trusteeship of the mutual fund is with a 2 [ trustee company ] , then please furnish the following particulars (a) the draft articles and Memorandum of Association for approval (b) Objects of the 2 [ trustee company ] (c) Board of Directors of the trustee company with age, experience and qualification (d) Key personnel (e) Systems and procedures, record maintenance, etc. (f) Names of auditors and bankers (2) If the trusteeship of the mutual fund is with a debenture trustee, bank, or financial institution then please furnish the following particulars (a) Name of the Institution (b) Address/telephone/telex/fax Nos. (c) Name of the contact person (d) Background information i.e. (number of companies, trusts for which it has or has been acting as trustees, names of those companies, trusts, number of years of experience as trustees, total volume of business, trusteeship fee record for last three years, organisational infrastructure to handle trusteeship function including record maintenance, computer facilities, in case of debenture trustees also furnish the number of defaulting companies, number of cases of default in payment of interest and principal and action taken by the debenture trustees) 3 [****] (4) Draft trust deed The draft trust deed should inter alia provide for (a) Responsibilities, obligations and rights of the trustees for the protection of the fund s assets. (b) A statement that investments should be of the permitted kind and within set limits. (c) Responsibilities, obligations and rights of the fund manager, i.e., the asset management company. (d) Policies for investments, creation, issue and cancellation of units, pricing and redemption of units, listing of units in case of close-ended schemes, expenses of the fund including payment of fees and distribution of income and gains and accounting. (e) Policies for disclosures of scheme objectives and investment objectives in offer documents and advertisements and annual and half-yearly reporting requirements to the investors of various schemes of the fund. (f) Right of the trustees to obtain necessary information from asset management company besides obtaining a quarterly report from the asset management company. (g) Right to make spot checks on the asset management company regarding pricing of units and payment into and out of the fund and proper accounting of the income of the fund and charging of expenses as permitted, distribution as permitted. (h) Public availability of the trust deed. (5) Instructions for filling up the form. (See Form A) FORM D Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 [Regulation 19(1)] Asset management company 1. Name of the Asset Management Company 2. Proposed registered office/correspondence address Telephone Nos. Telex Nos. Fax Nos. 3. Name of the contact person 4. Proposed objects of the asset management company (enclose copy of the draft Articles and Memorandum of Association for approval) Main objects Ancillary objects 5. (a) Proposed capital structure (b) The net worth of the company to be represented by (necessary auditors certificate to be furnished) 6. Proposed systems and procedures for the asset management company (furnish description of systems and procedures proposed in the company and essential internal controls in order to carry on the business of the company) 7. Names of the associate organisations/group companies/subsidiaries, etc. of asset management company 8. Management of the asset management company Board of the company with names of the Directors, experience, qualification and profession Names of key personnel Proposed organisational structure Board of Directors of associate organisations, companies and subsidiaries In case asset management company is an existing company 1. Name of the asset management company 2. Address of the registered office/correspondence address Telephone Nos. Telex Nos. Fax Nos. 3. Name of the contact person 4. Date and place of incorporation of the asset management company (enclose a copy of certificate of incorporation) 5. Objects of the asset management company (enclose copy of the Memorandum and Articles of Association) Main objects Ancillary objects (the Memorandum and Articles of Association would need the approval of SEBI and necessary amendments shall have to be incorporated in the existing Memorandum and Articles of Association) 6. Capital structure and shareholding pattern (as of the latest date) Net worth of the company (as of the latest date) To be represented by 7. Present line(s) of business activities Number of years in that line 8. Condensed financial information (enclose balance sheets and profit and loss account for three years) 9. Accounting policies (furnish description of significant accounting policies) 10. Systems and procedures (furnish description of systems and procedures in the company and essential internal controls in order to carry on the business of the company) 11. Names of the associate organisations/group companies/subsidiaries, etc. 12. Management of the asset management company Board of the asset management company with names, experience, qualification, profession of the Directors. Names of key personnel Organisational structure Board of Directors of associate organisations, companies and subsidiaries 13. Names and addresses of the Bankers of the asset management company 14. Names and addresses of the auditors of the asset management company 15. Court cases/litigations in which the asset management company may have been involved in the last three years 16. Instruction for filling up the form (See Form A) CONDENSED FINANCIAL INFORMATION (A) Income statement Years (Rs.) 1 2 3 4 5 Income: Dividend Trading Management Fee Other income Total _______________________ Expenses: Director s remuneration Trusteeship fees Custodian fees Registrar s fees Other expenses Total ________________________ Gross Profit Depreciation Net Profit before tax Tax Profit after tax Dividends Retained earnings (B) Assets and liabilities Years (Rs.) 1 2 3 4 5 Assets: Fixed Assets Gross Depreciation Net value Current assets Investments* _______________________ Others (please specify) Cash and bank balances Less: Current liabilities and Provisions _______________________ Net worth Represented by : Issued and paid up capital Free reserves (excluding revaluation reserves) Total ________________________ *Provide full particulars of investments. ************ NOTES:- 1. Inserted vide Notification No. SEBI/LAD-NRO/GN/2021/08 dated 04-02-2021 w.e.f. 30th day from the date of their publication in the Official Gazette, that is 04-02-2021 2. Substituted vide Notification No. SEBI/LAD-NRO/GN/2023/134 dated 26-06-2023 w.e.f. 01-01-2024 before it was read as, trust company 3. Omitted vide Notification No. SEBI/LAD-NRO/GN/2023/134 dated 26-06-2023 w.e.f. 01-01-2024 before it was read as, (3) If the trusteeship of the mutual fund is with a board of individual trustees then please furnish the following particulars (a) Names of the members of the Board of trustees (b) Age, experience, qualification and profession (c) Relationship of the members of the Board of trustees with sponsor or any associate of the sponsor
|