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  • MF News Why is the Rs.25 lakh crore MF industry struggling with pending KYC?

    Why is the Rs.25 lakh crore MF industry struggling with pending KYC?

    Frequent changes in KYC norms piled up pending KYC cases.
    Nishant Patnaik Jun 25, 2019

    With SEBI’s three-month extension to AMCs to pay commission to distributors, you now get a chance to receive your withheld commission till August 21, 2019 subject to fulfilment of all requirement.

    While AMFI has sought the market regulator’s clarification whether the additional three-month window given to AMCs to pay withheld commission to distributors applies to assets with incomplete KYC, industry experts including a few operational heads of AMCs believe that the circular includes all requirements be it pending KYC or pending KYD cases.

    Distributors say that there is huge assets with incomplete KYC at stake.

    Cafemutual spoke to a few distributors and operational heads of AMCs to understand how it all started.

    Before 2004, there was no KYC in the mutual fund industry. Distributors just needed to collect application forms and cheques to execute transactions in mutual funds on behalf of their clients.

    In 2004, the government made it compulsory for investors to furnish their pan card copy along with the mutual fund application form if the investment amount was Rs.50,000 or above.

    Later in 2007, based on SEBI direction, AMFI notified all mutual fund investors to obtain mutual fund identification number (MIN) to invest in mutual funds. Under this initiative, PAN became mandatory for all investors irrespective of the application size. Also, investors had to visit Karvy’s office to undergo in person verification. However, MIN was later abolished within a year due to operational issues.

    A year later, SEBI introduced KYC norms for investment in mutual funds to check money-laundering activities. KYC is the process of verifying the identity of clients and assessing potential risks of illegal intentions for the business relationship.

    Under KYC norms, investors were required to submit PAN details along with the address proof to invest in mutual funds. Investors who invested Rs.50,000 or more had to submit their KYC. However, there was no uniformity across fund houses. Each AMC followed its own guidelines to do KYC.

    In 2012, KYC became mandatory for all investors. SEBI appointed KRAs to bring uniformity across fund houses to do KYC. Simply put, investors could now invest across fund houses by quoting their KYC number allotted by KRAs.

    Also, the market regulator has introduced the concept of micro investors. These investors can invest up to Rs.50,000 annually in a single mutual fund per year without a permanent account number (PAN). Instead of PAN, these investors can submit their voter identity card, passport or driving license for photo identification.

    To further streamline the process of KYC, the government introduced Central KYC in 2015. The government entrusted an agency called CERSAI to keep KYC records of all customers in the financial sector which can be used by institutions like mutual funds, stock brokers, insurance firms, banks and SEBI registered Investment Advisers to verify and download KYC data. However, the new CKYC forms capture additional details like mother’s name, maiden name and FATCA details.

    In 2017, the government had notified linking of Aadhaar with bank accounts and other financial services such as mutual funds and insurance. However, the apex court in September 2018 ruled that financial institutions such as banks, mutual funds and insurance companies cannot make Aadhaar mandatory for investing in mutual funds or buying insurance policies.

    Experts believe that many investors who invested before January 1, 2012 have not complied with these norms due to frequent changes.

    A Mumbai distributor told Cafemutual that he has been spending most of his productive time in completing pending KYCs. “I have clients who have invested with me before 2004 when there was no KYC at all. Many of these investors are either missing (could not find their geographical presence due to change in location) or not in the country today.”

     

     

    Have a query or a doubt?
    Need a clarification or more information on an issue?
    Cafemutual welcomes all mutual fund and insurance related questions. So write in to us at newsdesk@cafemutual.com

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    6 Comments
    Mohan Jangid · 5 years ago `
    AMC is interested only in how to avoid paying brokerage to inactive distributors. AMFI has taken this step in favour of all AMC through SEBI They are not interested in doing KYC but to avoid paying brokerage on such asset. If SEBI was more interested in KYC compliance than there should have taken step to avoid switch or redemption of fund.

    What if an investor does not want to do KYC but want to avail all services through distributor?
    Amitesh Kishore · 5 years ago `
    AMCs passing the shit to distributors. Simple.
    Prashant · 5 years ago `
    So this means that distributors alone are responsible for KYC but AMCs and Registrars are just nobody and do not get any money from investors at all. They can earn in crores from first taking applications even with incomplete KYC than they keep on charging full TER on the same assets as per regular schemes and now SEBI helps them to keep the whole TER and not give distributors their right. Can there be any higher injustice than this anywhere in the world?(since they just bring in regulations looking in other countries and not as per our own country's requirements since right from demographics to per capita income to social security plans to food inflation to standard of living to quality of life are completely different in all the countries so all the countries bring in regulations as per their own requirements except our country...the question is why?)
    AJAY DESHMUKH · 5 years ago `
    SEBI should direct AMCs not to charge any fees on pending KYC assets.
    SUBBA RAO VENKATA PALAPARTI · 5 years ago `
    While at any time and in any activity, development and settlement is a process, UNDERSTANDABLE. Unfortunately that process is imposed upon the distributors and marketing people and threaten to withhold commission(s) etc.
    As far as service is concerned it is supposed to be the responsibility of AMCs and agents/distributors the like ones have no role play. AMCs respond to investor(s) directly. Original commission(s) paid were only and only to the extent of procurement of business and any other service to the investor(s)/customer(s) is purely and wholly in the interest of respective distributors/agents to stay in touch with his/her/their respective client(s). THAT COMMISSION WAS PURELY RESTRICTED TO THE PURPOSE OF COLLECTION AND SOLICITING OF BUSINESS - THATS IT.

    Now even those upfront is blocked/withdrawn and all sales fraternity is surviving on TRAIL commission. Then why the AMCs thurst that responsibility on distributors/agents/brokers for which they are not paid. Withholding of these trail commissions it is only AMCs are getting richer as expressed above that many or most of the investor(s) are either not traceable nor is it worthwhile the expense incurred to run after the client(s)/investor(s) to collect those documents and then submit to the AMCs - who will bear those expenses. AMCs are shirking their responsibility and pushing small distributors to the hilt.

    THAT IS INDEED MOST IRRESPONSIBLE BEHAVIOUR OF ALL THE AMCs. IT IS NO INCUMBENT UPON THE SEBI to insist not to stop the commissions of distributors and let that be the responsibility of ALL RESPECTIVE AMCs.
    Alagappan · 5 years ago `
    Amc r interested only to avoid paying brokerage to distributors for non kyc clients why can’t they ask clients when they want to redeem to do kyc then they can withdraw many of my clients when we go for kyc they are not interested to give data or they say will redeem money if we say money is still there, sebi must insist on putting the entire expense charged in to a separate escrow account then do kyc and take themselves and pay distributors this way the kyc issue will be solved
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