Institutional Framework of Mutual Fund Industry
Introduction
A mutual fund is not a single entity. It's a carefully designed 3-tier structure mandated by SEBI to ensure investor protection. Let's understand who does what.
The 3-Tier Structure
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Why 3 tiers?
- Separation of ownership and management (like Company Law: Shareholders → Board → CEO)
- Prevents fraud (no single entity controls everything)
- Investor money held in trust (cannot be misused)
Tier 1: Sponsor
Who? The promoter/founder of the mutual fund
- Banks (SBI, HDFC, ICICI)
- Financial institutions (LIC, UTI)
- Foreign entities (Franklin Templeton)
Role:
- Establishes the mutual fund
- Appoints the trustees (Board of Trustees)
- Invests capital to set up the AMC
- Acts as the ultimate promoter
Eligibility (SEBI Norms):
- Minimum 5 years of financial services experience
- Net worth of ₹5 crore (for corporate sponsor)
- Clean track record (no SEBI penalties)
Example:
- HDFC Bank is the sponsor of HDFC Mutual Fund
- State Bank of India is the sponsor of SBI Mutual Fund
Tier 2: Trust & Trustees
Legal Structure: Mutual fund assets are held in a Public Trust registered under Indian Trust Act
A. Trust
- Legal owner of all fund assets (stocks, bonds, cash)
- Exists for the benefit of investors (unitholders)
- Cannot be used for any other purpose
B. Trustees (Board of Trustees)
Composition: Minimum 4 trustees
- At least 2/3rd must be independent (not associated with sponsor)
- Cannot have more than 50% common with other AMC boards
Responsibilities:
- Oversee AMC operations (like a watchdog)
- Approve launch of new schemes
- Ensure compliance with SEBI regulations
- Review portfolio holdings quarterly
- Protect investor interests
- Appoint auditors and custodians
Comparison to Corporate Structure:
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Tier 3: Asset Management Company (AMC)
Who? The operational company that manages the fund
Role:
- Investment Decisions: Fund managers decide which stocks/bonds to buy/sell
- Scheme Management: Launch new schemes, manage existing ones
- NAV Calculation: Daily calculation and publication
- Investor Services: Handle subscriptions, redemptions, queries
- Compliance: Follow SEBI regulations
- Marketing: Distribute schemes, educate investors
Structure:
- Board of Directors: Strategic decisions
- Fund Managers: Portfolio management
- Research Team: Stock analysis
- Operations Team: NAV, settlements
- Compliance Officer: SEBI reporting
Example: HDFC AMC Ltd.
- Manages HDFC Mutual Fund schemes
- Employs 500+ people
- Separate company listed on stock exchange
Supporting Entities
1. Registrar & Transfer Agent (RTA)
Role: Maintain investor records
- KYC verification
- Allotment of units
- Process redemptions
- Send account statements
- Handle investor queries
Major RTAs: CAMS, Karvy
2. Custodian
Role: Physical custody of securities
- Hold shares/bonds on behalf of fund
- Settle trades
- Collect dividends/interest
- Corporate action tracking
Example: HDFC Bank Custodial Services
3. Auditors
Role: Annual audit of accounts
- Verify NAV calculations
- Check compliance
- Report to SEBI
4. Fund Accountant
Role: Daily accounting
- Calculate NAV
- Portfolio valuation
- Expense tracking
SEBI's Role
Regulator: Securities and Exchange Board of India
Functions:
- Registration: All MFs must register with SEBI
- Regulations: Issue guidelines (SEBI MF Regulations 1996)
- Monitoring: Inspect AMCs, review compliance
- Investor Protection: Grievance redressal
- Penalties: Can suspend/cancel registration
Summary: Complete Framework
SEBI (Regulator)
↓
Sponsor (Promoter) → Appoints
↓
Trustees (Board) → Oversee
↓
AMC (Manager) → Manages
↓
Mutual Fund Schemes
↓
Investors (Unitholders)
Supporting: RTA, Custodian, Auditors
Exam Notes: Writing the Answer
Question: "Explain the organizational structure of mutual funds in India." (10 Marks)
Answering Structure:
- Introduction: "MF industry has 3-tier structure mandated by SEBI..."
- Tier 1: Sponsor (promoter, eligibility)
- Tier 2: Trust & Trustees (oversight role, independent majority)
- Tier 3: AMC (operations, fund management)
- Supporting Entities: RTA, Custodian, Auditors
- SEBI: Regulatory oversight
- Diagram: Draw the hierarchy
Quiz Time! 🎯
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