Date: 2022-03-31Category: Not ApplicableState: Union GovernmentCountry: India
Discontinuation of usage of pool accounts for transactions in the units of Mutual Funds, Two Factor Authentication (‘2FA’) for redemption and other related requirements: Extension of timeline
Executive Summary:
This SEBI circular extends the deadline for discontinuing the usage of pool accounts for mutual fund transactions and implementing Two-Factor Authentication (2FA) for redemption, along with other related requirements, to July 1, 2022. It modifies a previous clause regarding acceptance of new mandates and directs AMCs, Stock Exchanges, Depositories, Clearing Corporations, and RTAs to implement the circular's provisions and adhere to specified timelines.
Key Points / Main Content:
Discontinuation of Pooling and 2FA Implementation:
* The deadline for discontinuation of intermediate pooling of funds and/or units in Mutual Fund transactions is extended to July 1, 2022.
* The implementation of clauses relating to 2FA for redemption and source account verification is also extended to July 1, 2022.
Modification of Mandate Acceptance:
* On or after July 1, 2022, new mandates shall be accepted only in favor of SEBI-recognized Clearing Corporations.
* These mandates shall exclusively be for subscriptions to units of Mutual Fund schemes and not for any other purpose.
Implementation and Compliance:
* AMCs, Stock Exchanges, Depositories, Clearing Corporations, and RTAs shall implement the circular's provisions, including 2FA and source account verification.
* Stock Exchanges/Clearing Corporations and AMCs must adhere to the activity-wise timelines provided in Annexure A.
Information Dissemination:
* Stock Exchanges and Depositories are directed to inform their members/participants about the circular and disseminate it on their websites.
Existing Requirements:
* All other requirements of the circulars dated October 4, 2021, and March 15, 2022, remain unchanged.
Activity-wise Timelines (Annexure A):
* Discontinuation of Pooling of Funds and Units: July 1st, 2022
* Other processes including Third Party Verification TPV, Two Factor Authentication 2FA, and verification of key investor details as applicable to the SE platforms: July 1st, 2022
* Standardizing the recipients and contents of information at various stages of transaction processing: July 1st, 2022
* All intermediate pooling will stop from: April 1st, 2022
* Signing of Agreements with Payment Aggregators PAs and Banks: May 1st, 2022
* Verification validation of email and mobile for new folios new email IDs and mobile numbers. Validation of the entire existing database of email IDs and or mobile numbers will be taken up progressively w.e.f.: May 1st, 2022
* Enhanced TPV with independent traceability of source bank account information: June 1st, 2022
* 2FA for online redemptions: June 1st, 2022
* Standardizing the recipients and contents of information at various stages of transaction processing: July 1st, 2022
Impact Analysis:
AMCs (Asset Management Companies):
* Impact: Must implement the circular's provisions regarding the discontinuation of pooling, 2FA, and source account verification.
* Action Required: Take necessary steps for implementation, ensuring compliance with the provisions and adherence to activity-wise timelines.
Recognized Stock Exchanges and Clearing Corporations:
* Impact: Must implement the circular's provisions and ensure members are informed.
* Action Required: Implement the circular's provisions, disseminate the information to members/participants, and ensure strict adherence to timelines.
Depositories:
* Impact: Must implement the circular's provisions and ensure participants are informed.
* Action Required: Implement the circular's provisions, disseminate the information to participants, and ensure strict adherence to timelines.
Registrar to an Issue and Share Transfer Agents (RTAs):
* Impact: Must implement the circular's provisions.
* Action Required: Take necessary steps for implementation, ensuring compliance with the provisions.
Key Entities Referenced
Securities and Exchange Board of India (SEBI): The regulatory body for securities and commodity market in India.
Mutual Fund Advisory Committee: A committee advising SEBI on matters related to Mutual Funds.
Association of Mutual Funds in India (AMFI): An association of all AMCs in India. AMFI represents the Indian mutual fund industry.
Mutual Funds: A type of investment vehicle consisting of a portfolio of stocks, bonds, or other assets.
Asset Management Companies (AMCs): Companies that manage investment funds on behalf of investors.
Registrar to an Issue and Share Transfer Agents (RTAs): Entities responsible for managing investor records and facilitating share transfers.
Clearing Corporations: Organizations that provide clearing and settlement services for securities transactions.
Securities and Exchange Board of India Act, 1992: The legislation that established SEBI and defines its powers and functions.
CIRCULAR
SEBI/HO/IMD/IMD-I DOF5/P/CIR/2022/41 March 31, 2022
To
All Recognized Stock Exchanges and Clearing Corporations
All Depositories
All Mutual Funds
All Asset Management Companies (‘AMCs’)
All Trustee Companies/ Boards of Trustees of Mutual Funds
All Registrar to an Issue and Share Transfer Agents (‘RTAs’)
Association of Mutual Funds in India (‘AMFI’)
Dear Sir / Madam,
Subject: Discontinuation of usage of pool accounts for transactions in the units of Mutual
Funds, Two Factor Authentication (‘2FA’) for redemption and other related requirements:
Extension of timeline
1. Based on discussions with stakeholders and recommendations of the Mutual Fund
Advisory Committee, SEBI, vide circular no. SEBI/HO/IMD/IMD-I DOF5/P/CIR/2021/635
dated October 4, 2021 and circular no. SEBI/HO/IMD/IMD-I DOF5/P/CIR/2021/634 dated
October 4, 2021 discontinued intermediate pooling of funds and/or units in Mutual Fund
transactions by stock brokers / clearing members on Stock Exchange platforms and by
other entities including online platforms, respectively. The provisions of the said Circulars
were to come into effect from April 01, 2022. Subsequently, for smooth implementation of
the aforesaid circulars, SEBI, vide circular no. SEBI/HO/IMD/IMD-I DOF5/P/CIR/2022/29
dated March 15, 2022, inter-alia, clarified various modalities of discontinuation of pooling
and migration of existing mandates (the aforementioned circulars are collectively referred
to as “Circulars”). Various other requirements related to the modalities of discontinuation
of pooling, measures to prevent third-party payments and to safeguard the interest of
unitholders including 2FA for redemption, were also prescribed in the “Circulars”.
2. SEBI is now in receipt of a representation from AMFI, sent in consultation with various
stakeholders, seeking additional time for completion of various activities towards
implementation of the “Circulars”. The activity-wise extended timelines sought by various
stakeholders have been provided by AMFI (Annexure A).
Page 1 of 33. On examination of the representation of AMFI, in the interest of the investors, it has been
decided to extend the date of applicability of “Circulars” including the clauses relating to
2FA for redemption and source account verification to July 01, 2022.
4. Also, Clause 2.1.4 of the SEBI circular no. SEBI/HO/IMD/IMD-I DOF5/P/CIR/2022/29 dated
March 15, 2022 stands modified as under:
“On or after July 01, 2022, new mandates shall be accepted only in favour of SEBI
recognized Clearing Corporations and those mandates shall exclusively be for
subscriptions to units of Mutual Fund schemes and not for any other purpose.”
5. The AMCs, recognised Stock Exchanges, Depositories, recognised Clearing Corporations
and Registrar to an Issue and Share Transfer Agents shall take necessary steps for
implementing the “Circulars” (along with the clauses relating to 2FA for redemption and
source account verification) including the required processes and systems to ensure
compliance with the provisions of the “Circulars”. Stock Exchanges/Clearing Corporations
and AMCs are also advised to ensure strict adherence to the activity wise timelines given
at Annexure –A.
6. Stock Exchanges and Depositories are directed to bring the provisions of this circular to
the notice of their members / participants, disseminate the same on their websites and
ensure strict adherence to the timelines.
7. All other requirements of the Circulars dated October 4, 2021 and March 15, 2022 shall
remain unchanged.
8. This circular is issued in exercise of powers conferred under Section 11 (1) of the Securities
and Exchange Board of India Act, 1992, read with the provisions of Regulation 77 of SEBI
(Mutual Funds) Regulations, 1996, to protect the interest of investors in securities and to
promote the development of, and to regulate, the securities market.
Yours faithfully,
R. Anand
Deputy General Manager
Investment Management Department
Tel: 022 – 26449237
Email: anandr@sebi.gov.in
Page 2 of 3Annexure - A
Timelines given by AMFI in consultation with various stakeholders to implement
discontinuation of pooling of funds and/or units in mutual funds and Two Factor
Authentication
A. Stock Exchange (‘SE’) Platforms:
Parameters Timeline
1. Discontinuation of Pooling of Funds and Units 1st July 2022
2. Other processes including Third Party Verification (TPV), Two 1st July 2022
Factor Authentication (2FA), and verification of key investor
details as applicable to the SE platforms
3. Standardizing the recipients and contents of information at 1st July 2022
various stages of transaction processing
B. Non SE Platforms:
Parameters / Task Timeline
1. All intermediate pooling will stop from 1st April 2022 --
2. Signing of Agreements with Payment Aggregators (PAs) and Banks 1st May 2022
3. Verification / validation of email and mobile for new folios / new 1st May 2022
email IDs and mobile numbers. Validation of the entire existing
database of email IDs and / or mobile numbers will be taken up
progressively w.e.f. 1st May 2022
4. Enhanced TPV with independent traceability of source bank 1st June 2022
account information
5. 2FA for online redemptions 1st June 2022
6. Standardizing the recipients and contents of information at 1st July 2022
various stages of transaction processing
******
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