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Schedule - 04 - Contents of the investment management agreement - Securities and Exchange Board of India (Mutual Funds) Regulations, 1996Extract FOURTH SCHEDULE Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 [Regulation 18(2)] CONTENTS OF THE INVESTMENT MANAGEMENT AGREEMENT The Investment Management Agreement shall contain the following provisions for the duties and responsibilities of the asset management company, namely :- (i) the asset management company appointed by the trustees with the prior approval of the Board shall be responsible for floating schemes for the mutual fund after approval of the same by the trustees and managing the funds mobilised under various schemes, in accordance with the provisions of the Trust Deed and Regulations; (ii) the asset management company shall not undertake any other business activity other than activities specified under 1 [ 8 [ clause (b) ] of regulation 24] and management of mutual funds and such other activities as financial services, consultancy, exchange of research and analysis on commercial basis as long as these are not in conflict with the fund management activity itself without the prior approval of the trustees and Board; (iii) the asset management company shall invest the funds raised under various schemes in accordance with the provisions of the Trust Deed and the regulations; (iv) the asset management company shall not acquire any of the assets out of the scheme property which involves the assumption of any liability which is unlimited or which may result in encumbrance of the scheme property in any way; (v) the asset management company shall not 2 [***] take up any activity in contravention of the Regulations; (vi) no loss or damage or expenses incurred by the asset management company or Officers of the asset management company or any person delegated by the asset management company 9 [ , including those in relation to resolution of claims or disputes of investors in terms of regulation 59B ] , shall be met out of the trust property; (vii) the asset management company shall ensure that no 3 [offer document of a scheme, key information memorandum, abridged half-yearly results and annual results] is issued or published without the trustees prior approval in writing, and contains any statement or matter extraneous to the Trust Deed or Offer Document scheme particulars approved by the trustees and Board; 4 [(viia) the asset management company shall provide an option of nomination to the unitholders in terms of regulation 29A, in the form prescribed hereunder;] (viii) the asset management company shall disclose the basis of calculating the repurchase price and NAV of the various schemes of the fund in the scheme particulars and disclose the same to the investors at such intervals as may be specified by the trustees and Board; (ix) the trustees shall have the right to obtain from the asset management company all information concerning the operations of the various schemes of the mutual fund managed by the asset management company at such intervals and in such a manner as required by the trustees to ensure that the asset management company is complying with the provisions of the Trust Deed and Regulations; (x) the asset management company shall submit quarterly report on the functioning of the schemes of the mutual fund to the trustees or at such intervals as may be required by the trustees or Board; (xi) the trustee shall have the power to dismiss the asset management company under the specific events only with the approval of the Board in accordance with the Regulations. 5 [FORM FOR NOMINATION/CANCELLATION OF NOMINATION (to be filled in by individual(s) applying singly or jointly) I/We.................................and.................................................*do hereby nominate the person more particularly described hereunder/and/cancel the nomination made by me/us on the.................................day of............................in respect of units bearing No. ..................................... (*strike out which is not applicable) Name and Address of Nominee Name: ............................... .. Address: ............................................. Date of Birth: ..................................................... (to be furnished in case the Nominee is a minor) *The Nominee is a minor whose guardian is: ........................................... Address of the Guardian........................................................................................ .................................................................................................................. .................................................................................................................. Signature of the guardian: ......................................................................................................... (* to be deleted if not applicable) Unitholder(s) (1) Signature : ................................................. Name : ................................ Address : ............................................. . Date : ................................................... (2) Signature : .................................................... Name : ................................................................ Address : ................................................................ Date : ................................................................ Instructions 1. The nomination can be made only by individuals applying for/holding units on their own behalf singly or jointly. Non-individuals including society, trust, body corporate, partnership firm, karta of Hindu undivided family, holder of Power of Attorney cannot nominate. If the units are held jointly, all joint holders will sign the nomination form. Space is provided as a specimen, if there are more joint holders more sheets can be added for signatures of holders of units and witnesses. 2. A minor can be nominated and in that event, the name and address of the guardian of the minor nominee shall be provided by the unitholder. 6 [Nomination can also be in favour of the Central Government, State Government, a local authority, any person designated by virtue of his office or a religious or charitable trust.] 3. The Nominee shall not be a trust, 7 [other than a religious or charitable trust,] society, body corporate, partnership firm, karta of Hindu undivided family or a Power of Attorney holder. A non-resident Indian can be a Nominee subject to the exchange controls in force, from time to time. 4. Nomination in respect of the units stands rescinded upon the transfer of units. 5. Transfer of units in favour of a Nominee shall be valid discharge by the asset management company against the legal heir. 6. The cancellation of nomination can be made only by those individuals who hold units on their own behalf singly or jointly and who made the original nomination. 7. On cancellation of the nomination, the nomination shall stand rescinded and the asset management company shall not be under any obligation to transfer the units in favour of the Nominee.] ************* NOTES:- 1 Substituted for regulation 23 by the SEBI (Mutual Funds) (Amendment) Regulations, 1998 w.e.f. 12-1-1998. 2 Words give or guarantee loans or omitted by the SEBI (Mutual Funds) (Amendment) Regulations, 1998 w.e.f. 12-1-1998. 3 Substituted by the SEBI (Mutual Funds) (Amendment) Regulations, 1998 w.e.f. 12-1-1998, for the words, application forms, or sales literature or other printed matters issued to prospective buyers, or advertisement, or report and or announcement (other than an announcement of prices or yields) addressed to the general body of unitholders, or to the public, or to the press or other communication media 4 Inserted by the SEBI (Mutual Funds) (Second Amendment) Regulations, 2002 w.e.f. 11-6-2002. 6 Inserted by the SEBI (Mutual Funds) (Second Amendment) Regulations, 2002 w.e.f. 11-6-2002. 6 Inserted by the SEBI (Mutual Funds) (Amendment) Regulations, 2004 w.e.f. 12-1-2004. 7 Inserted ibid. 8. Substituted 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 before it was read as sub-regulation (2) 9. Inserted vide Notification No. SEBI/LAD NRO/GN/2023/137 dated 03-07-2023
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