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Structure of Mutual Funds in India: An Overview

 

The mutual fund structure in India is designed to safeguard investors and ensure smooth management of funds. This structure operates within a three-tiered framework that involves various participants, each with defined roles and responsibilities. The key players include the sponsor, the trustees, and the Asset Management Company (AMC).

The process begins with the sponsor setting up a trust and appointing trustees to oversee the mutual fund’s operations. The trustees are responsible for ensuring compliance with the guidelines laid down by the Securities and Exchange Board of India (SEBI). The AMC, which is appointed by the trustees, manages the fund and invests the pooled money from investors into various securities according to the fund’s objectives.

Additionally, other entities such as custodians, brokers, auditors, and intermediaries play supportive roles in ensuring that the fund operates efficiently. Each of these participants contributes to maintaining transparency and accountability, thus creating a safe and regulated environment for investors. Understanding the structure of mutual funds is essential for investors to make informed decisions and manage their portfolios effectively.

Understanding Mutual Funds Structure

A mutual fund structure is a well-defined system that regulates how mutual funds operate in India. The structure ensures that public money is managed efficiently while protecting the interests of investors. It begins with the sponsor, who establishes the mutual fund and appoints trustees and an AMC.

The trustees safeguard investor interests and monitor the fund's compliance with SEBI regulations. The AMC manages the day-to-day operations of the fund and makes investment decisions. Custodians, brokers, and other intermediaries facilitate the smooth functioning of the fund by ensuring the safekeeping of securities, assisting with investor transactions, and providing regular reports.

By following this structured approach, the mutual fund industry creates a secure and transparent environment, allowing investors to participate in various investment schemes with confidence.

Tier 1: Fund Sponsor

The fund sponsor initiates the formation of a mutual fund and is the driving force behind its creation. As per SEBI regulations, the sponsor can be an individual or a company with at least five years of experience in the financial sector. They must also meet specific criteria related to financial stability and operational experience.

The sponsor's responsibilities include:

  • Establishing a mutual fund by creating a trust.

  • Appointing the board of trustees who will oversee the functioning of the mutual fund.

  • Ensuring the trust is registered with SEBI under the Indian Trust Act, 1882.

  • Contributing at least 40% to the net worth of the AMC.

The sponsor sets the foundation for the mutual fund’s success by ensuring that all operations align with regulatory guidelines. Their role is pivotal in maintaining trust and ensuring smooth management of public investments.

Tier 2: Trust and Trustees

Once the mutual fund is created, the trust and trustees safeguard the interests of investors and ensure that the fund operates in line with SEBI regulations. The trust is established through a trust deed, and the trustees act as the legal custodians of the mutual fund’s assets.

Key responsibilities of the trustees include:

  • Ensuring that the AMC operates in accordance with SEBI guidelines.

  • Protecting the rights and interests of the unit holders.

  • Monitoring the performance of the fund and submitting reports to SEBI every six months.

  • Ensuring compliance with the mutual fund regulations.

The trustees act as intermediaries between the investors and the AMC, ensuring that the fund’s objectives are met while adhering to ethical and legal standards.

Tier 3: Asset Management Companies (AMCs)

Asset Management Companies (AMCs) play a crucial role in managing the day-to-day operations of a mutual fund. After being appointed by the trustees, the AMC designs and launches various schemes that align with the fund’s objectives and the risk profiles of potential investors.

The AMC’s primary responsibilities include:

  • Managing the fund’s portfolio by investing in securities like equities, bonds, and money market instruments.

  • Conducting research and analysing market trends to make informed investment decisions.

  • Providing regular updates and performance reports to investors.

By ensuring professional management of the pooled investments, AMCs play an integral role in maximising returns while adhering to the regulatory framework.

Additional Participants in the Mutual Funds Structure

Apart from the core entities such as sponsors, trustees, and Asset Management Companies (AMCs), several other participants contribute to maintaining transparency and efficiency in the mutual fund structure. These participants include brokers, custodians, registrars and transfer agents, intermediaries, and auditors.

Each of these participants plays a unique role in ensuring that the operations of the fund remain compliant with regulations. Their combined efforts safeguard investor interests by maintaining security, processing transactions, and verifying the integrity of the fund’s operations.

1. Broker

A broker serves as a licensed intermediary who facilitates trading in the financial markets on behalf of the AMC. Brokers play a critical role in connecting AMCs with the stock market and ensuring that buy and sell orders are executed correctly.

Key responsibilities of brokers include:

  • Executing trades in the stock and bond markets.

  • Providing market analysis and research reports to guide AMC decisions.

  • Acting as a link between the mutual fund and the stock exchanges.

Brokers hold a valid licence from SEBI and ensure that all transactions are conducted in compliance with applicable regulations, making them an essential part of the mutual fund structure.

2. Custodian

A custodian is a SEBI-registered entity that safeguards the securities and assets of a mutual fund. Their primary duty is to ensure the safekeeping of the fund’s holdings and manage the settlement of transactions.

The main functions of custodians include:

  • Safekeeping and maintenance of mutual fund securities.

  • Monitoring the delivery and transfer of securities.

  • Collecting dividends, interest, and other benefits from investments.

  • Facilitating periodic updates for investors regarding their holdings.

Custodians play a crucial role in maintaining the integrity and security of the mutual fund’s assets, ensuring that all transactions are processed smoothly.

3. Registrar and Transfer Agent

Registrars and Transfer Agents (RTAs) act as intermediaries between investors and fund managers. Their primary role is to handle the administrative aspects of mutual fund investments, ensuring that investor records are properly maintained.

Key responsibilities of RTAs include:

  • Processing mutual fund applications and maintaining investor records.

  • Handling Know Your Customer (KYC) verification procedures.

  • Providing periodic account statements and reports to investors.

  • Managing changes in investor details and processing redemptions.

RTAs streamline administrative tasks, ensuring that investors receive timely updates and support in managing their mutual fund investments.

4. Intermediaries

Intermediaries include agents, bankers, and distributors who act as a link between investors and AMCs. They provide valuable guidance to investors and facilitate investments in mutual fund schemes.

The primary roles of intermediaries include:

  • Recommending suitable mutual fund schemes to investors.

  • Assisting investors with investment and redemption processes.

  • Acting as a communication bridge between retail investors and the AMC.

  • Earning a commission from the AMC for their services.

Intermediaries help investors navigate the complexities of mutual fund investments by offering personalised advice and support.

5. Auditor

An auditor ensures that the financial statements and records of the AMC remain accurate and compliant with relevant regulations. By conducting periodic audits, auditors maintain the transparency and integrity of the fund’s operations.

Key duties of auditors include:

  • Verifying the accuracy of the AMC’s financial records.

  • Ensuring compliance with SEBI guidelines and mutual fund regulations.

  • Certifying that the mutual fund’s operations are free from fraudulent practices.

  • Providing detailed audit reports for public transparency.

Auditors play a vital role in maintaining investor trust by ensuring that mutual fund operations are transparent and compliant with industry standards.

Conclusion

The structure of mutual funds in India follows a well-defined three-tiered system involving the sponsor, trustees, and AMC. However, other participants, including brokers, custodians, RTAs, intermediaries, and auditors, also play a significant role in ensuring smooth operations and safeguarding investor interests.

These additional participants ensure that the fund’s assets are securely maintained, transactions are processed accurately, and investor records are kept up to date. By maintaining a structured and regulated system, the mutual fund industry creates a reliable and transparent environment for investors.

Understanding the mutual fund structure helps investors make informed decisions and enhances their confidence in the investment process. By knowing the roles of each participant, investors can better assess the safety and efficiency of their mutual fund investments.

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