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  • MF News ‘Right intent, wrong approach’, MF officials and MFDs on SEBI rules

    ‘Right intent, wrong approach’, MF officials and MFDs on SEBI rules

    Norms like three-year lock in period and allocation based on weighted AUM concept draw criticism.
    Abhishek Kumar Apr 30, 2021

    SEBI's latest norms on remuneration of key employees in which it has asked AMCs to pay 20% of the total net salary in the form of MF units has not gone down well with a few AMC officials and MFDs.

    While lauding SEBI's intention behind the move, some AMCs questioned the practicality of the decision.

    "The circular on skin in the game, while a good idea in spirit, is going to be extremely problematic in implementation," said MD & CEO of Edelweiss MF, Radhika Gupta.

    She highlighted two major problems in the new norms. First, she said, the lock-in of 20% income for three years may cause difficulties for key employees who do not earn high salaries.

    "It is forcing them to lock-in a reasonable portion of their income for 3 years. It mandates how much one saves. For a guy earning Rs.15-20 lakh, imagine how difficult it is to put away Rs.3-4 lakh. We are constraining employee cash flows," Gupta said in a Twitter post.

    The weighted AUM concept was the other issue raised by the CEO. "Circular suggests we have to invest in all schemes basis weighted AUM. So, if I run a 80-20 debt equity business, I will be forced to maintain this asset allocation irrespective of my risk appetite. Also, for a fund manager managing small cap fund, he has to invest either in his schemes or a higher risk grade (may be sectoral fund even if he is not comfortable with it)," she said adding that if a person runs a high-risk scheme doesn't means that he has high risk appetite.

    Another CEO who did not want to be named said that the key employees also have obligations like home loan. “If a key employee pays home loan EMI which is 50% of his net salary, he ends up with just 30% of his net salary to manage household expenses.”

    Neil Parikh, Chairman and CEO of PPFAS MF said, “Skin in the game is great if done with free will. It shows that people are confident and convinced with what they do is right. This cannot be enforced. It dilutes the whole purpose of skin in the game.”

    "A debt dealer (not a very high paying job) should not be forced to lock-in a reasonable portion of his/her salary in liquid funds for 3 years. In fact, a lot of the ‘key employees’ mentioned in the circular should not be forced, especially in these tough times," he added.

    MFD Hitesh Kakkad said that SEBI’s approach may not be the best way to bring in more accountability. "I agree that transparency is required but this doesn't seem to be the right way. A liquid fund manager would not like to lock-in his money in liquid funds for three years and a midcap scheme may not be suitable for a midcap fund manager nearing retirement,” he said.

    MFD Azim Jagani said the move is in the right direction. “The new rules will benefit investors by ensuring better management of funds,” he said.

    Critics share suggestions

    Radhika Gupta said there was a simpler way to bring 'skin in the game'.

    "If we wanted to build skin in the game a simple rule would do it: It should be applicable for employees earning more than Rs. 50 lakh a year. Also, they should be allowed to invest in schemes of their choice within the fund house," she said.

    Hitesh Kakkad said he is in favour of a rule mandating MF officials to make all their investments in the fund house they work with. But the amount one wants to investment should be a personal decision, he said.

    Have a query or a doubt?
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    14 Comments
    Prashant · 3 years ago `
    This is the first time the regulator has done something to safeguard the interest of investors. Till now all they were doing is to cut distributor commissions to increase profits for AMCs. Of course AMC employees will shout at these because now they are coming under fire. After What Franklin did this was must. In fact in audits it has come that Franklin officials redeemed just before the so called "winding up" of six schemes. I am calling it winding up because they have been collecting all the charges except fund manager charges which means they will not loose a single paisa in the whole episode. Also the officials who redeemed are roaming free whereas they should be behind bars. They have not even being interogated.

    This is a welcome move but I am afraid that the mutual fund lobby is very strong and powerful and they may make SEBI reverse this regulation which benefits investors. What remains to be seen is will SEBI reverse it or keep it. This will again prove whether SEBI is for people or for companies
    Prashant · 3 years ago `
    Also I don't understand why some foolish MFDs coming out and saying against this regulation because they never came out when we were demeaned by SEBI and our incomes halved by AMCs of course with the help of SEBI. How does this affect us as MFDs I don't understand. Why support for AMCs when they never supported us?
    Jaideep · 3 years ago `
    Somehow, SEBI's obsession with the mutual fund business just does not stop, even though there are far bigger priorities. Getting into personal compensation is, to my mind a ridiculous thing to do, are SEBI officials with their fat salaries aware of reality ? SEBI should concentrate more on the equity and debt markets. What has SEBI done about so many companies that do not trade, due to reasons like non compliance, what is the penal action against the managements ? How many crores worth of shares are locked up in suspended shares ? What about the penny stocks and manipulation of many shares that SEBI, with its multi crore surveillance systems, is absolutely blind to ? Or take the care of debenture trading in the retail market, is SEBI aware that such huge buy sell spreads are leading to such pathetic liquidity in this market ? Let SEBI first solve the larger issues.
    Sri · 3 years ago
    These CEOs remained as mute spectators when MFD's commission was slashed by SEBI. Adding insult to injury,when SEBI wanted to reduce the expenditure,all CEOs found a easy solution to reduce the commission,instead of taking the reduction in their books,by opting for a reduction in the expenditures or salaries of top executives. The ceo who says the salaries are low should furnish figures instead of crying hoarse. Another says they not be able to Pay EMI.A handful of people earlier made lakhs of MFDs to become defaulters by unilaterally slashing their income!!
    Reply
    Bikash Kumar Agarwal · 3 years ago `
    Every time SEBI come out with new regulation for AMCs then there is a huge hue and cry in AMCs and they stand united to reverse the decisions showing some reason or other but whenever there is a regulation for IFAs sorry cannot be IFAs as per new norms MFDs there is no objection from these AMCs. They only communicate us and say we are help less it is SEBI's order. I totally support this move. If the Fund Manager himself is not confident in his schemes then he is in wrong profile altogether. SEBI should implement this rule asap.
    Bikash · 3 years ago
    Best Interest of Investors is not only MFDs responsibility but AMCs too who are now more interested in Direct Plans than Regular ones
    Kiran Sarpotdar · 3 years ago
    This rule is for AMC. Mfd are difficult to implement and they don't actively manage funds. However they do recommend funds for gains. So, yes, their gains also can be paid by the mutual fund companies based on the
    Kiran Sarpotdar · 3 years ago
    commissions they earned and 20% of that, what they sold..
    Reply
    Gopal · 3 years ago `
    Best action by SEBI,now AMC can understand IFA's hardworking revenue.
    Rajendra Basayya Swami · 3 years ago `
    Good approach to get attach to your company where you are working. The implementation may be not correct. 20% is quite high. Also this if implemented in a proper way then it will be a good in investors interest. Also SEBI can think of implementing same with Insurance companies. For insurance it could be quite complex still achievable. This will be good to help employees understand the client pain (especially health and general insurance claims) . I am not an expert but there should be quota for employees like MNC have in companies stocks may be at reduced rates to encourage the employees.
    Kiran Sarpotdar · 3 years ago `
    Its a very good step, to protect investor interest. Its hue and cry by md industry. I don't see why it can't be implemented. Every organization has the performance bonus which is variable pay. Its not taking out money from the fund manager.

    It is just that the fund house measures the performance as the profit to them, while this rule will ensure the performance is linked to gains to the investors..

    It is also not impossible. It may need some IT systems to track the fund performance managed by the fund manager or the managers above him.
    If there are more than one fund being managed by him, it should be simply the weighted average of the fund size and diving the percentage of that to this 20%. E.g. a person earning 10 lakh means 20% is 2 lakh. Now at the end of year, if he managed one debt fund and two equity funds with size of say 2000 cr, 3000cr and 5000 cr. , then he should be given the 20%, 30%, 50% of 2 lakhs in the units of these funds.

    20% can be spread across a year after completion or it can be split into 10% and 10%. Say 1 lakh given in the same year (so it doesn't remain like the bonus after one year) every month and remaining 1 lakh given as performance bonus after 1 year

    All 20% can also be given in every month. This way, it would be simpler. Normally a person leaves, companies don't give the partial bonus for the period he worked, evenif it was part of CTC. (This is unfair rule followed by companies, as if person didn't contributed for those say 9 months before he left). Anyways. Thus, this rule will in fact be beneficial, the units given every month.

    The lock in period of 3 years means that the fund managers would have to manage their finances for 3 years and then every year they keep getting the units of funds, which they themselves managed. Or government can reduce this lock-in to say 1.5 years.

    Only waiver can be given as in, when employee leaves, he can become lock-in free after say 6 months or a year. Assuming that he hasn't done fraud and leaving


    Same logic can be applied for people above for e.g. director. Fact that person is expert and managing company, is responsible for all funds. Thus his part of pay also can be paid in units across all funds, as per the size.

    One argument is that, if the person's risk appetite is higher and if he managing the debt fund. This is not his investment. It is his performance for the fund being managed. If he is not convinced to 8nveat in debt fund if his risk appetite is high, then why to manage the debt fund ? Just for job? Where he may or may not perform?

    This change may also bring alignment of the fund managers convinced of the investment and would practice themselves

    There are many other solutions / ways
    Kiran Sarpotdar · 3 years ago
    This comment is for both amc and mutual fund distributors. MFD can also be given their commission partly in the same units what they recommended. Its a tricky one. Because it may happen that they would sell only the equity funds or where they get more commission, while fund may be good

    So their percentage can be brought down to say 10% or so of the commission. Or the basic limit of say 5 lakh per annum and after that, the commission can be distributed as per this new rule.

    Secondly, similarly for AMC research analysts etc, there can be standard deduction above which this rule can eb applied. E.g. for someone getting salary of 10 lakhs, initial 5 lakhs deduction and then 20% on remaining 5 lakhs.

    AMC have to create good IT system for implementation..

    Also, the focus on the audits, fraud detection should be enhanced by fund houses.
    Reply
    Dinesh Singh Kushwaha · 3 years ago `
    After reading so many comments, I am not able to understand why some MFDs are happy with SEBI's move. Most of the comments are without logic and just expressing their anger over non-cooperation by AMC staff when MFDs income, their working style, status (IFA to MFD) was changed.

    Being an MFD, I can understand this anguish but we must not be happy when something is making others sad.

    SEBI has already screwed Mutual Fund Industry too much in the name of protecting investors that MF industry has lost many good opportunities. On the other hand IRDA has always given upper hand to Insurance business and not Insured. For example:

    1. SEBI's desire to regulate ULIP, an insurance product failed miserably even though it has the power because ULIPs are very similar to MFs+miniscule but expensive and useless insurance.

    2. SEBI has debarred to use the term 'Independent Financial Advisor' and asked Mutual Fund Distributors to use only 'AMFI Registered MFD'. But Insurance Agents are still using the term 'Independent Financial Advisor' even though they don't know anything about Advising Financial products because Insurance policy is an insurance product not Financial one. I can understand that SEBI has reserved the term 'IFA' for RIAs but why does it allow Insurance Agents to misuse the term. What SEBI has done is to snatch the term 'IFA' which was used by today's MFDs since the start of MF industry and allocating it to RIA which are just new born in the industry. It would have been better if in place of regulating the use of term IFA the SEBI should have invented a newer term for RIA. And what's wrong with the term 'RIA-Registered Investment Advisors'. It was self explanatory and sufficient that these newer Investment Advisors are registered with SEBI whereas older Advisors aka IFA-Independent Financial Advisors are not registered but Independent. SEBI's move looks like according to SEBI we must only distribute whatever AMCs ask us to Investors without understanding the risk profile, need of the Investor. If we, the today's downgraded MFDs do like this won't it hamper the interest of the Investors. SEBI must see that today's MFDs (and yesterday's IFAs) and RIAs (today's IFA) are in the same business that's distributing Mutual Funds by understanding the need of the Investors and that's called advising the investors. The only difference between the two is how they get incentive for their work. Investor is free to choose the mode of how he/she wants to pay for the services. What SEBI should have done is to ban so called free RIA business which is a predatory business practice and investor is at risk of loosing its financial data to 3rd party. It should have fixed a minimum percentage/amount whichever is lower to be paid by investors to RIAs and debar them from selling investor's privacy to the 3rd party.

    3. The recent move by SEBI to screw flexi-cap funds misfired and was not in the investors. Thus the screwed Flexicap funds are no more in the industry. SEBI failed to protect the investors interest and just disturbed them by coining another term multi-cap funds.

    4. IRDA not only made regulations to protect the insured but to protect the interest of the agents and Insurance companies. It never brought RIA like distribution model for insurance policies where insurance seeking person just pays a fixed amount and get the insurance advice. It never brought the direct distribution of policies from insurance companies to Insured. SEBI seems to be too much ahead of the time and failed to promote a investment product called Mutual Funds whereas IRDA has allowed insurance industry to push a non-financial product as financial one.

    5. SEBI has failed miserably to compensate investors for Equity/Debt Exchange's and broker's technical glitches. Broker's openly violate the rules and overcharge the investors but SEBI never listens to investors grievance.

    6. SEBI failed to curb misusing the investment of retail investors by listed companies. Why does it allow to delist a company and leave not so aware retail investors in the lurch. Many retail investors have lost their investment in such companies.
    Binoj, MD, Moneybase · 3 years ago `
    Maybe a few MFDs would've given this message that "it is a wrong approach". 99% or more would say that it is the best decision to take for making AMC honchos, accountable.

    So I can guess that even your article is biased - just to publicize that even MFDs object this move, which is not correct at all.

    Don't be a spokesperson for AMCs alone, if you're trying to build a business by promoting it as "For the community".

    Shameful!

    I am discontinuing your email subscription because it has become more biased and kind of advertorial.
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