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  • MF News ‘Nominee has to obtain ARN to transfer assets of deceased distributors’

    ‘Nominee has to obtain ARN to transfer assets of deceased distributors’

    Currently, the nominee has to submit application to transfer assets within 6 months of demise of the distributor.
    Karishma Gagwani May 17, 2021

    While the pandemic has taken so many lives, the MF industry too has lost a few gems from the distribution community as well. 

    Over the past few weeks, we have received many queries on the AUM transfer norms of AMFI. Most of these queries are about transfer of AUM due to death of a distributor. 

    To address these queries, we have reproduced our previous article to give you gist of the revised AMFI guidelines effective August 1, 2020. 

    If transfer of AUM is due to death of a distributor

    In order to transfer AUM of a deceased MF distributor to the ARN of nominee or legal heir, the ARN of deceased distributor has to be valid on the date of demise and his trail commission not under suspension for any reason.

    In addition, the nominee or legal heir must have a valid ARN and be KYD compliant as on the date of request of such a transfer. The new distributor will have to submit his annual declaration of self-certification (where applicable) due as on the date of request of transfer of AUM.

    Here are other key points to remember:

    • Only valid assets can be transferred to the legal heir or nominee
    • The new distributor has to submit an application for cancellation of ARN of deceased distributor to CAMS-AMFI unit within 6 months of date of demise. CAMS will send a confirmation to the new distribution on receipt of such request
    • CAMS will have to cancel the ARN and intimate all AMCs and RTAs
    • Meanwhile, the new distributors will have to individually approach all empanelled AMCs and make an application for transfer of assets to his ARN
    • The new distributors will have to intimate all clients of change in ARN through letter or email. He will have to highlight that if the clients have any objection for the change in distributor code, they must write to the respective AMCs directly
    • The transfer application must have reason for transfer supported by evidence and certification that letters/emails have been sent to all existing clients intimating them of change of distributor. You will have to attach a sample of such communication along with list of clients with PAN and folio numbers
    • There will be no need to accept written consent from clients on such transfers
    • AMCs will have to effect changes to ARN after cooling period of 15 days. In case of any objection, AMCs can withhold such a transfer

     

     

    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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    9 Comments
    Dixesh k shah · 3 years ago `
    This is not favour but you are mishandling the family of deceased person...unusual asking about sending letter to all clients for change in arn, attaching it to application, have you lost your mind or you also want to take assets of deceased after his death...all regulation should be to help deceased family and not to hurdle them in bad times...sebi and amfi is taking every step to insure how they can kick distributors and here all are quite...silence kills...
    Manish Saluja · 3 years ago `
    This is very scary... You built up a business and after you, the family does not gets any benefit of it. What's the solution. Is forming a LLP, or PVT LTD. Company a solution for this.... We MFD need guidance on this..... But is there anybody who is caring for MFD's to guide them... Thats a question mark...
    Raghuveer kamath · 3 years ago
    Forming llp and pvt Ltd co is combersom. The renewal fee comes to 40000/-. Further pvt. Ltd co compliance are also too much. Llp is atleast ok. Again either director or a key personnel should be an ARN HOLDER. If the AUM IS SUBTSTANTIAL, THEN IT PVT LTD OR LLP IS BEST SOLUTION
    Reply
    vikram · 3 years ago `
    If an govt employee dies, his family member gets the job without eligibility or quelification, will SEBI told them to complete the eligibility criteria. If a Bank/LIC/Post office/etc employee dies, will you inform the family member to fulfill the criteria of exam & education to get the job in place of deceased employee. Will you inform all the customers for the decease of the employee & post his nominee in place of him. You should have to get the NOC from all customers from Bank/LIC/Post Office/GIC/etc to offer the job to his family member.
    Its a monopoly of the Govt, there should be one rule for everyone. If a person cheat someone, he has been arrested. If a govt employee demand/take bribe, they will pun an enquiry, no arrest as he is govt employee. In current scenario, if a govt hospital not attend a patient, there will be enquiry but if a private hospital take extra charge, there will be penalty & action against him.
    All private are thief & govt are God
    Srinivasan · 3 years ago `
    Sir, I think you are wrong. Transfer of assets due to death of ARN holder to the Nominee need not be an ARN holder. The nominee has to give the death certificate and other relevant docs in order to get the brokerage only for the Aum that was available before the death of the ARN holder. No new business or fresh monthly SIP business will be included for brokerage until and unless he/she becomes a ARN holder. Last time also u did this mistake and changed it again. PLEASE VERIFY THE CIRCULAR FOR MORE CLARITY AND CHANGE THE DETAILS.
    Srini · 3 years ago
    Sorry the earlier msg of mine was wrong last year as per Amfi circular no. 135/BP/ 87 /2020-21 dated 16/07/2020 the clause which I had referred has been changed. What has been put up in the said news of yours is right.
    Reply
    PRANABANANDA DAS · 3 years ago `
    Though there are not any family pension yet very essential one time ex gratia from SEBI for victim family after distributor death. This is my personal opinion.
    Rqju · 3 years ago `
    What nonsense !! AMFI has really lost its mind. MF Industry is seriously lacking a visionary leader at helm. It is time to throe away the AMC CEOs as Chairman since they are only biased with conflict of interest. Someone neutral must come in for taking sane decision. Also these jokers created the MFU and leaving it to languish ... Stupid guys in AMCs.
    Vikash Agarwal · 3 years ago `
    This is again a SEBI move to help AMCs to reap benefits after the death of Arn holder. Hardly any nominee would obtain ARN and ultimately trail comission will be in vain. So again its a profit to AMCs.. so increase in salaries and bonuses.

    Nice step by SEBI...after all they have prooved that they are here just to ruin someone.
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