The Compliance certificate to be
submitted by the AMC to the Trustees on an half yearly basis should contain
specific comments on the following ;
-
If the AMC is carrying on other activities whether the same are conducted
as per the Regulations and whether it continues to meet capital adequacy
requirements for each of the activities.
-
Change in the directors on the Board of directors of the AMC.
-
The investments have been made in accordance with the Regulations, Trust
deed and investment objectives of the scheme.
-
Utilisation of services of the sponsor or of any its associates, employees
or their relatives for any securities transaction is in accordance with
the offer document and the brokerage and commission paid to such affiliates.
-
Details of change in the interests of directors on the Board of directors
of the AMC.
-
Borrowings of the mutual fund giving details of date, nature of instrument,
source, amount borrowed, purpose of borrowing, interest rate, security
offered for the borrowing, percent of borrowing to net assets on date of
borrowing, date of repayment or proposed manner of liquidation of the debt;
if borrowing is from any associate of the sponsor or AMC reasons for borrowing
from such entity and competitiveness of the terms.
-
Investments/redemption by the AMC, Sponsor any associate of the Sponsor
in any of the Schemes and inter-scheme investments giving details of name
of the schemes, date, price, value, charges levied.
-
Transactions in securities by the key personnel of the AMC in their
own name or on behalf of the AMC giving details of names of the personnel,
name of the security, purchase/sale details like quantity, rate, value,
name of broker, whether transaction is on personal account or immediate
family or fiduciary.
-
Valuation and pricing of the units.
-
Maintenance of proper books of accounts records and documents for each
scheme.
-
Identification and appropriation of expenses to individual schemes and
conformity of expenses as per limits laid down by SEBI.
-
Ability to honour guarantee commitment in respect of any guaranteed
return scheme.
-
Deficiency/warning letters if any, received from SEBI and corrective
action taken.
-
Transactions (during preceding 2 quarteres) with brokers associated
with the sponsor which shall not in the average of 5% or more during any
block of 3 months in all of its schemes.
-
Transactions (during preceding 2 quarters) with non-associate brokers
in the average of 5% or more during any block of 3 months together with
justification for exceeding the limits
-
Justification about the purchase and sale of securities of group companies
of the sponsor or the AMC by the mutual fund during preceding 2 quarters.
-
Details of investments in listed securities of group companies of the
sponsor (not to exceed 25% of the net assets of all the schemes of the
mutual fund)
The Compliance certificate to be submitted by the AMC to the Trustees
on a Bi-monthly basis should contain specific comments on the following
;
-
Investments made in excess of 10% of the paid up capital of a company,
giving details of the date of purchase, name of the company, purchase price,
value and holding percent in the capital carrying holding rights, whether
any of such companies are associates of the sponsor/AMC, justification
for making the investment.
-
Inter scheme transfers - detailing dates, name of transferor and transferee
schemes, securities transferred and price, value of transfer and reasons
for the transfer.
-
Investments by any company amounting to more than five per cent of the
net asset value of a scheme indicating names of companies/schemes and their
association with the Sponsor or the AMC, if any.
-
Concentration of business with brokers in excess of 5% of quarterly
gross business of the mutual fund, giving details of date, name of broker,
value of business, brokerage paid, percent of business to total business
for the day , whether the broker is associated with the sponsor or through
a firm which is an associate of the sponsor and justification for such
transactions.
-
Transactions that resulted in short sales or carry forward giving details
of date, scrip, name of the broker, rate, quantity in custody.
-
Despatch of repurchase/redemption proceeds within 10 days and transfer
of units within 30 days to unit holders, status of redressal of investors’
complaints giving ageing schedule and reasons.
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