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  • MF News AMFI may suspend ARN of MFDs who split or churn to earn higher B30 incentive

    AMFI may suspend ARN of MFDs who split or churn to earn higher B30 incentive

    AMFI asked MFDs not to circumvent guidelines to earn high transaction charges or high B30 incentives.
    Nishant Patnaik Mar 8, 2023

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    Acting tough against the errant distributors, AMFI said that it will take strict disciplinary action against MFDs who have split application to earn high transaction charges and churned investment to earn additional commission in lieu of B30 incentives. 

    In a communication, AMFI said, “All MFDs are strictly advised to ensure that they do not collude or undertake any malpractices such as splitting of applications, churning of mutual fund investments or any other activities to circumvent the guidelines to earn higher transaction charges and/or to earn higher B-30 incentive commissions. Any violation in this regard shall be viewed seriously, and shall be liable for strict disciplinary action against the errant MFD, which may include suspension of ARN or permanent debarment and cancellation of ARN.”

    Earlier, SEBI has asked AMFI to temporarily bar fund houses from charging additional expenses in lieu of B30 retail assets for a month. This suspension will be lifted once fund houses put in place a mechanism to monitor and track misuse of B30 incentive norms.

    This has come after SEBI found inconsistencies in implementation of B30 norms by both – AMCs and distributors. The market regulator found instances of splitting of transaction and churning of investments by distributors and mis-calculating B30 expenses and charging B30 expenses at their discretion by AMCs.

     

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    31 Comments
    Sanjay Kulkarni · 1 year ago `
    Agreed. But Let us decided what is churning and what is split. If at all time high market, Investor gives cheque of 10Lakh and MFD keep it in Liquid and gives STP, is it MIS SELLING? If customer wish to book profit and/or not happy with the present scheme performance, if his scheme geta changed, is it Mis Selling? So.proper definition is required. Secondly, Suspension action should also be taken on AMC. MFD has no right to decided commission structure. To Invest high value amount at one go is better or to do STPs and switches is the question going forward
    Nagarajarao · 1 year ago
    Correct, if the Scheme is not good managed by fund house we can switch, and profit booking is must requested by customer then you may ask reason and why can't MFD take an authorised letter from the customer for switches, and when we have more Aum How can u HAVE RIGHT TO suspend FOR AN HARD EARNED AUM, ITS WRONG, FOR EVERY THING DOES AND DOESN'T BY INVESTOR AND MFD will be there some understanding, suspension of arn is wrong, there must be some permission from amfi, sebi, amc, that's all, but cancellation or suspension is not to be done
    SWARAJIT · 1 year ago
    Very True
    Reply
    Prasad Karant · 1 year ago `
    Churning is not so easy now a days.
    Because client should pay tax for the profit. Also, now a days investors are very educated. They know everything of churning.
    B30 Incentives required to promote more in smaller cities.
    Akshay K Jain · 1 year ago `
    Only soluation is extend b-30 in next 36 months. If some one do wrong practice of churning with in 36 month all b-30 clawback. This is perfect soluation
    InvestAir Funds · 1 year ago
    What if the client wants to do Tax Harvesting i.e. booking tax free long term capital gains (more than 1 year in case of Equities). Many clients whose portfolio more than 10 lakh utilise this strategy.
    Reply
    Akshay K Jain · 1 year ago `
    Only soluation is extend b-30 in next 36 months. If some one do wrong practice of churning with in 36 month all b-30 clawback. This is perfect soluation
    Rajnish Jain · 1 year ago `
    Agreed, there must be any mechanism for CHANGE OF DISTRIBUTOR as well from Regulatory.

    Many MFD's in market are capturing business from existing MFD's, later churn portfolio to get revenues including B-30. For them easiest way to build AUM via this mode.

    Mechanism can be auth. via
    OTP verification (mobile & Email)
    Handwritten application
    Confirmation calls

    In addition to this AMFI can check transactions in those clients PAN for churning (can be done @ RTA level) for next 12 months - I am sure lots of churning found. Payout for these transactiosn must be kept WithHold for 12 months as well

    Reviews & Actions welcomed
    Last updated 1 year ago
    ADITYA CHANDEKAR · 1 year ago `
    Appreciate it!!!

    SEBI should take action against the distributor, if found guilty. But.... SEBI should start the action from Banks. Mis selling takes place in bank at a large scale. Banks do not provide after sales service. Sales person in bank, do not even understand the risk category of the scheme. Target is just to sale the product, no matter whether it is suitable for investor or not.

    If SEBI really wants to protect investors interest, then only MFD should not be considered as culprit. Hope, before taking action, SEBI officials will conduct a round table meet with MFD and Investor.
    shrikaant laddha · 1 year ago
    Okay!! then shall AMFI will also terminate ARN of banks, ND and RD if their employees or some sub broker will do misselling?? Or only individual MFDs are doing misselling? Rest all are doing correct selling?

    And some investors sees YouTube videos or do own market study and tell MFDs to do frequent Switches in equity from Debt on market fall.. so that will be treated as miss selling by MFDs?

    payoff of B30 in to 36 months if any concern of 12 months. It will be the right solution.
    Reply
    Anand Jain · 1 year ago `
    Many Banks & NDs and their sub-brokers has churned or switched the whole portfolio of the client into NFOs to earn higher commissions will SEBI/AMFI punish them ? or only MFDs are targeted to switch the business to above entities ? & Many MFDs are also switching the investors portfolio which was built by existing MFDs just to gather higher AUM quickly and to bargain with AMCs for higher commission change of broker must not be allowed only in case of demise of existing MFD or quiting the MF business should be the case for change of broker.
    Nitish Goel · 1 year ago `
    Would it be applicable on transaction processed before 1,March 2023.
    Tanmoy Patra · 1 year ago `
    I hope individual distributor not to done this tipe of wrong practice. Sebi can process claw back.
    Dixesh Shah · 1 year ago `
    Splitting 5 application for big investment like more then 5 lakh is not churning...it's risk aversion and diversification in 5 different funds...so if 1 or 2 fund not performs then it is said to be well managed...secondly what's about banks and institutions who put single amt in one nfo or scheme for higher brok or aum rise for their sister company ...
    BHAKTI GAURVI · 1 year ago `
    When a client has paid STAMP Duty when he purchased a liquid fund then why stamp duty is again levied on him if he goes for switch or STP. SEBI should also need to make a decision on this.
    SNEH “SNEH” PARIKH · 1 year ago `
    .
    Last updated 1 year ago
    SNEH “SNEH” PARIKH · 1 year ago `
    As per Government, LTCG UNDER 1 LAKH PROFIT IS TAX-FREE , SO TO BOOK SUCH PROFIT INVESTOR INSISTS TO WITHDRAW OR SWITCH TO LIQUID FUND AND THEN TO SAME EQUITY FUND. IS IT WRONGDOING FOR AN INVESTOR TO BOOK PROFIT??
    Last updated 1 year ago
    Rohit Grover · 1 year ago `
    What is the switch was done to book profit and reinvest in the same scheme later. Long term tax upto 1L is exempted and hence it is wise to book the tax every year.

    Will this be even counted in mis selling? A MFD may do it for all their clients irrespective of B30 or not.
    Manish Jain · 1 year ago `
    Investors approval shud be made mandatory for such transactions
    VIPUL L BHUVA · 1 year ago `
    nowadays the investors are doing STPs. just a day back an investor invested 50000 in liquid fund and asked to start daily STPs of Rs 500. From SEBI<,S point of view this is violation of B30 and from the customer point if view is to take advantage of volatile market. to whom should we follow?
    Jitendra Kumar Pandit · 1 year ago `
    All restrictions in our industry what about misselling done by banks and corporates ND and their employees
    Radhika Kumar · 1 year ago `
    AMFI must consider these factors before arriving at the right solution: Annual 1 lakhs LTCG factor, re-structuring of non performing schemes and genuine withdrawals and reinvestments.
    Anup Agarwal · 1 year ago `
    SEBI's churning / mis selling definition is not clear. Also rule should be same for all intermediaries. Why only MFDs....Banks or other NDs are also involved. Also when AMCs bring NFO with high brokerage & asks MFDs to shift from existing fund to NFO - is it not churning ?? There should be equality with all regarding splitting & churning of applications.
    Prateek Sarpal · 1 year ago
    In my opinion churning can be avoided by following steps :
    (1) Trail should be same for all Equity Funds irresspective of AUM of scheme.
    (2) AMC should not be allowed to pay less trail on old asset.
    (3) Trail for NFO must be same as for Old schemes.
    Reply
    SNEH “SNEH” PARIKH · 1 year ago `
    Government ?? TAX ?? ???? ???? ?? ????? LTCG 1 ??? ??????? TAX ???? ??? ??, ???? ????? ??? ?? ?? ?????? ??? ????? ?? ???????? ??? ??? ???? ???? ?? CLIENT ?? ????? 1 LAKH PROFIT BOOK ???? EQUITY FUND ?? LIQUID FUND ??? SWITCH ????? ??, ??? ??? ?? LIQUID FUND ?? PROFIT BOOK ?? ??? ??? EQUITY FUND ??? ????? ??, ??? CLIENT ?? ????? ?? 1 LAKH LTCG BOOK ??????, ?? CLIENT ???? TRANSACTIONS ?????? ? ??? ???? ??, ???? ?????? SEBI, ??? AMFI ???,
    SWAPAN SANTRA · 1 year ago
    You are right
    Reply
    Sebi · 1 year ago `
    SEVI Must Fixed a standard Rates for MFDs, This is the Question of Bread and Butter of MFDs . This kind of actions will laid discourage tonew MFDs.
    Nagarajarao · 1 year ago `
    Correct, if the Scheme is not good managed by fund house we can switch, and profit booking is must requested by customer then you may ask reason and why can't MFD take an authorised letter from the customer for switches, and when we have more Aum How can u HAVE RIGHT TO suspend FOR AN HARD EARNED AUM, ITS WRONG, FOR EVERY THING DOES AND DOESN'T BY INVESTOR AND MFD will be there some understanding, suspension of arn is wrong, there must be some permission from amfi, sebi, amc, that's all, but cancellation or suspension is not to be done
    vikash · 1 year ago `
    asset allocation and re balancing is part portfolio management . if client want us to do the same than who will be responsible for that this type hard words will strict us to do our duty . client expact from us that we should guide them about the market situation and help them to take action according to that . what about the tax planning if client want book there long term capital gain of exempted 1 lakh is this will be wrong on there be half.
    harshac tandure · 1 year ago `
    Some AMCs charge 0.5% on direct , 2.5% on regular & cross subsidize direct investors at the expense of regular investors & MFDs.

    SEBI should also look at above. There can be a cap on difference in expense ratio between direct & regular. Also, there can be a rule that atleast 50% of this difference should be shared with MFDs
    Last updated 1 year ago
    BeauSancy Consulting · 1 year ago
    Why 50%? why not 100%? Only difference between DIRECT PLAN & REGULAR PLAN is MFD commission.

    Brokerage should be directly linked to TER and trail should be same for all Equity Funds and all debt funds irrespective of AUM of scheme and age of asset by MFD.

    This is because TER charged is same. AMC can not do allowed to do profiteering at the expense of MFD.
    Reply
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