FUND FULCRUM (contd.)
December 2012
The year gone by
must have been one of the worst for the Indian mutual fund industry. Whether it
was rampant closure of equity folios (primarily
retail), poor sales, action-packed regulatory environment, or in
several cases shutting down of branches across the country - all had a telling impact
on the struggling industry. However, industry officials are optimistic and
expect the coming years to be less tough as they foresee improvement in the macro economic scenario and
stability in the regulatory framework. Despite
an unexpected rally of over 20% (the initial part of which was completely
missed by fund managers) in the country' s
stock markets, participation from domestic investors remained abysmal till date. At every rise, the
fund industry faced redemption pressure as the retail segment was quick to book
profits and exit the mutual fund space. Amidst an uncertain environment with
highly volatile equity markets, the sector witnessed closure of a massive 39 lakh
equity folios during the January-November 2012 period - never before seen in the
history of the industry. The last month of the year may not be any different. Poor
sales and wafer-thin margins amidst tight regulatory framework burdened fund
houses further. Expectations of rate cuts, continuation of easy global
liquidity, bottoming out of economic data, more action from the government, and
return of domestic investors into equity markets should propel equities to a
new high next year.
Regulatory Rigmarole
Securities and Exchange Board of India (SEBI) has brought mis-selling of
mutual fund schemes under its norms on prohibition of fraudulent and unfair
trade practices. SEBI has inserted an additional clause whereby
mis-selling of mutual fund schemes would be deemed to be a fraudulent trade
practice. “Mis-selling” would refer to sale of units of a mutual fund scheme by
any person, directly or indirectly by making a false or misleading statement or
concealing material facts and associated risks or not taking reasonable care to
ensure suitability of the scheme to the buyer. Distributors
would now need to document each and every sale by risk-profiling clients. They
may have to take the signature of their clients before executing a transaction
in order to protect themselves. It appears that with SEBI now terming
mis-selling as ‘fraud’, the penalty for distributors is likely to get harsher.
If a distributor sells ETF or sector fund to a retired person it could be an
act of mis-selling as per the client’s risk-profile. If investor insists that
he/she wants to invest in a sector fund, then distributor could take a
signature of the client to document the sale. In this regard, the
market watchdog has brought in amendments to SEBI’s Prohibition of Fraudulent
and Unfair Trade Practices relating to Securities Market) Regulations. They
would come into force on the date of their publication in the Official Gazette.
Mutual fund investors who have done their KYC before
January 01, 2012 are required to provide certain additional mandatory
information to invest in new mutual funds from November 30, 2012. The additional mandatory information includes
father’s/spouse name, marital status, nationality, gross annual income or net
worth and in-person verification (IPV) if they wish to invest in a new mutual
fund (new AMC). Existing investors in a fund who are KYC compliant can continue
to invest if their KYC status is verified by CVL KYC Registration Agency (KRA).
All investors investing after November 30, 2012 with a new fund house need to
comply with this rule. Only after complying with the new KYC norms, investors
would be able to open a new account/folio with any other new mutual fund.
Non-individual investors need to do their full KYC again. The KYC requirements
for non-individual investors are stringent as compared to individual investors.
For instance, corporates need to provide a copy of the balance sheets for the
last two financial years, copy of latest share holding pattern, copies of the memorandum and
articles of association and certificate of incorporation, among other things.
Distributors are not
supposed to approach individual AMCs, RTAs for any modification in their
employee unique identity number (EUIN) data from January 2012. AMFI-unit of CAMS will create a centralized comprehensive database
of distributors that will comprise the list of employee unique identity number
(EUIN) submitted by various distributors. SEBI, in its circular in September 2012
had directed mutual fund houses to capture the unique identity number (EUIN) of
the employee/relationship manager/sales person of the distributor who are
interacting with investors for selling mutual fund products. The AMFI-unit of
CAMS will be sharing the list of EUIN with all RTAs. It will also update all
RTAs on new EUIN generated and deletions/modifications of existing EUIN. It
will also frame and implement procedure and business rules for EUIN. AMCs will
not accept any modification related to corporate ARN, name of the corporate,
employee name, EUIN, from any distributor from January 2013. Distributors have
to approach the AMFI-unit of CAMS for any changes. AMCs shall highlight in the
Key Information Memorandum the importance of providing EUIN, particularly in
advisory transactions, and state that EUIN will help the fund houses to curb
mis-selling even if the employee/ relationship manager/sales person/
distributor quits the company. The fund houses are also supposed to tally EUIN
records with transactions and identify inconsistencies, if any, between the
numbers of transactions by EUINs vis-à-vis total number of EUIN registered by
the ARN holder or the total sales staff of the ARN holder. AMCS have been
advised to put in place necessary systems and processes in order to implement
the above system by January 15, 2013.
Canadian Securities Administrators, the securities market
regulator of Canada,
has barred Indian asset management companies from selling investment products
to local investors,
dealing a blow to these fund houses, which raise a sizeable amount from that
country. The Canadian regulator has mandated a registration
process for investment managers, which also includes AMCs managing monies of
local residents outside Canada ,
to protect the investments of local residents. Non-resident investment fund managers that manage one or
more investment funds that have distributed securities to residents of a local
jurisdiction will have to register as an investment fund manager
in that local jurisdiction unless an exemption from registration is available. By
local jurisdiction, the regulator refers to the Canadian provinces of Ontario , Quebec and Newfoundland and Labrador .
The ruling will have a significant impact on Indian fund houses, which raise a
significant amount of investments from Indians settled in that country. Domestic
fund house Franklin
Templeton Investments has already said it will not sell its
India-domiciled funds in Canada .
Other Indian asset managers such as UTI, Birla Sun Life Mutual, Kotak Asset
Management, Reliance Mutual Fund, ICICI
Prudential Mutual Fund, and Religare Mutual Fund, among others, may
follow suit.
The Securities and Exchange Board of India has set up a committee headed
by Cabinet Secretary K.M. Chandrasekhar which will look into a single route for
all different categories of FIIs.
A total of 48 warning letters have been issued to mutual funds
regarding violations of norms in the past three fiscal years. Of these, 30 letters were issued in 2010-11, 14 in 2011-12 and four
letters were issued in 2012-13 up to November 2012. In addition, Sebi has
issued 26 deficiency letters in 2010-11 and 6 such letters
in 2011-12. For the year 2012-13 (up to November, 2012), no deficiency letters
have been issued by Sebi. 5 entities have been prohibited from buying, selling
or dealing in securities directly or indirectly, till further orders and
required to deposit the illegitimate gain identified in the investigations in an escrow account till further orders, in the last two
years. During the same time a consent order has been issued in 5 cases. In 7
cases, related to 2011-12 adjudication proceedings are underway. SEBI takes
administrative action by way of issuing warning and deficiency letters against mutual
funds found to have committed irregularities. Enforcement actions such as
direction, adjudication, enquiry, etc. can be initiated under SEBI' s norms, depending upon the severity of the
violation observed.
Three years after the then SEBI chief CB Bhave shook up
Indian fund houses, the mutual fund industry is now in the cusp of another big
change. Come January 2013, several bank and corporate treasuries
that comprise the largest investor group in mutual funds will sidestep
intermediaries and invest directly to earn higher returns. A fortnight ago,
many such big ticket investors who regularly park surplus funds in liquid mutual
fund schemes, have communicated their decision to leading distributors. These
investors will subscribe to ' direct
plans' which will be cheaper by
50-75 basis points as customers have the flexibility to invest directly without
incurring any incidental costs. According to a SEBI decision taken earlier in
2012, every fund and scheme must have a direct plan for investors who do not
want distributor support and the net asset values of such plans will be given
separately.
The Indian
mutual fund industry has come a long way from the launch of India ’s first mutual fund – Unit Trust of India . However,
there is a huge gap between India
and global peers in terms of penetration as well as AUM, according to CRISIL
Research. The domestic mutual fund industry’s AUM is less than 5% of the
country’s GDP, whereas it is 77% for the US . Among developing economies,
certain markets such as Brazil ,
where assets managed by the mutual fund industry are 41% of its GDP, highlight
the gap that needs to be bridged. Global mutual fund assets stood at USD 25
trillion as of June 2012. Of these assets, the Americas
comprised 57%, Europe 30%, Asia-Pacific 12% and Africa
less than 1%. Equity funds constitute 40% of global mutual fund assets, bond
funds 25%, money market funds 19%, hybrid funds 11% and others less than 5% of
total assets. This is in sharp contrast to the distribution of assets in the Indian
mutual fund industry where bond and money market funds together constitute
close to 65% of the AUM. After two consecutive years of plunge, the Indian mutual fund industry
managed to register a smart turnover in 2012, with its assets base seen nearing
Rs 8 lakh crore with an increase of about Rs 2 lakh crore this year. As some
wide-ranging reforms initiated by the market regulator SEBI and the government
are yet to translate into true business gains for the investors and fund
houses, the industry is hopeful of even better days ahead in 2013.