Ranchi based distributor Priyanka Maheshwari, Director of Vedant Asset Advisors has sought a stay order on SEBIs commission disclosure circular in the Jharkhand High Court, said High Court Lawyer Prashant Pallav who is representing this case.
Pallav told Cafemutual that his client has already filed interlocutory appeal in the Jharkhand High Court. He believes that this appeal may help his client get stay order on SEBIs commission disclosure circular. The matter is being heard in the court.
Pallav further said that the regulator has already replied to the appeal and they are in the process of filing the counter reply. According to Pallav, SEBI has said that mutual fund distributors dont come under SEBI regulations and it is the AMCs who deal with distributors. The High Court had asked the distributor to explain the rationale behind filing this case and how commission disclosure is affecting her business, he said.
Earlier, Priyanka Maheshwari had filed a writ petition against SEBIs circular on commission disclosure in Jharkhand High Court. The appeal was filed on September 29.
An email sent to SEBI by Cafemutual on November 8 remained answered till the till of writing.
In its circular dated September 20, SEBI had asked AMCs to disclose the absolute commissions paid to distributors in half-yearly consolidated account statements (CAS) sent to investors. The circular has come into effect from October 1 and investors have already started receiving CAS.
Also, SEBIs circular has been challenged by United Forum, a federation of IFA Associations. The forum has filed an appeal with Securities Appellate Tribunal (SAT). In fact, sources privy to development have said that SEBI has replied explaining why the circular is in the interest of the market.