Regulatory framework for the roles and responsibilities of trustees and the board of directors of asset management companies

Under the amended SEBI (Mutual Funds) Regulations, trustees are mandated to exercise due diligence on specific “core responsibilities.” These include ensuring fairness in fees and expenses charged by AMCs, reviewing AMC performance vis-à-vis peers or benchmarks, preventing mis-selling and increasing asset management integrity, mitigating conflicts of interest, avoiding unfair advantages for associates or group entities, addressing conflicts of interest, and preventing market abuse.

New regulatory framework for sponsors of mutual funds

SEBI circular provide alternative eligibility criteria for mutual fund sponsors and address various aspects related to the deployment of net worth, acquisition of an asset management company (AMC), pooled investment vehicles as sponsors, reduction of stake, disassociation of sponsors, and re-association of sponsors.

SEBI Master Circular for Debenture Trustees

As per the master circular, Debenture Trustee, by itself or through professionals appointed and compensated/ remunerated by the Debenture Trustee viz., practicing chartered accountant, practicing company secretary, registered valuer, or legal counsel shall independently carry out due diligence.

Master Circular for Credit Rating Agencies

CRAs are advised to refrain from giving Indicative Ratings without having a written agreement in place. In case such Indicative Ratings are provided by the CRA, it shall be considered as aiding and abetting the Issuer in suppression of material information by the CRA which would be in contravention of Clause 12 of Code of Conduct of CRAs and may result in violation of the provisions of section 12A of the Securities and Exchange Board of India Act, 1992 and SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 by the CRA.