Executive Summary:
This SEBI circular outlines uniform timelines for rebalancing mutual fund portfolios when deviations occur from mandated asset allocation in the Scheme Information Document (SID) due to passive breaches. It specifies rebalancing periods, actions required if timelines are not met, and reporting/disclosure requirements. The norms are effective from July 1, 2022, and apply to main portfolios only.
Key Points / Main Content:
Rebalancing Timelines:
* For all schemes except Overnight Funds and Index/Exchange Traded Funds, the rebalancing period is 30 business days.
* Overnight Funds have no specific rebalancing period mentioned in the document.
* If rebalancing isn't completed within the initial period, the Investment Committee can extend the timeline by up to 60 business days.
Consequences of Non-Compliance:
* If portfolios aren't rebalanced within the mandated plus extended timelines, AMCs cannot launch new schemes until rebalancing is complete.
* Exit loads must be waived for investors exiting non-compliant schemes.
Reporting and Disclosure Requirements:
* AMCs must report deviations to Trustees at each stage.
* If a deviated portfolio's AUM exceeds 10% of the main portfolio's AUM:
* Immediate disclosure to investors via SMS and email, including details of the unrebalanced portfolio.
* Immediate communication to investors via SMS and email once the portfolio is rebalanced.
* Emails/letters must have a uniform subject line indicating the asset allocation breach.
* Any deviation from mandated asset allocation must be disclosed to investors along with periodic portfolio disclosures after the lapse of the mandated plus extended rebalancing timelines.
Applicability:
* The norms apply to main portfolios only, not segregated portfolios.
* Effective date: July 01, 2022.
Impact Analysis:
Mutual Funds / Asset Management Companies (AMCs):
Impact:
* Must adhere to the new rebalancing timelines.
* Face restrictions on launching new schemes and levying exit loads if timelines are breached.
* Increased reporting and disclosure obligations.
Action Required:
* Implement systems to track and manage portfolio rebalancing within the stipulated timelines.
* Establish procedures for reporting deviations to Trustees and disclosing information to investors.
* Ensure compliance with the effective date of July 1, 2022.
Trustee Companies / Boards of Trustees of Mutual Funds:
Impact:
* Need to monitor AMCs' compliance with the rebalancing timelines.
* Review and assess justifications for any extensions to the rebalancing period.
Action Required:
* Establish oversight mechanisms to track and review portfolio rebalancing activities.
* Evaluate and approve or reject requests for timeline extensions from AMCs.
Investors:
Impact:
* Potential benefit from more timely portfolio rebalancing.
* Protection from exit loads if schemes fail to rebalance on time.
* Increased transparency through enhanced disclosures.
Action Required:
* Monitor communications from AMCs regarding deviations from mandated asset allocation.
* Be aware of their rights regarding exit loads in case of non-compliance.
Association of Mutual Funds in India (AMFI):
Impact:
* Needs to ensure industry-wide awareness and compliance with the new regulations.
* May need to develop standardized communication templates for disclosures to investors.
Action Required:
* Disseminate information about the circular to all member AMCs.
* Develop best practices and guidelines for compliance.
Key Entities Referenced
Securities and Exchange Board of India: Regulatory body issuing the circular.
Mutual Funds: Financial institutions regulated by the circular.
Asset Management Companies: Entities managing the mutual funds.
Association of Mutual Funds in India: Industry body for mutual funds in India.
Scheme Information Document: Document outlining the investment strategy of a mutual fund scheme.
Investment Committee: Committee responsible for overseeing investments.
Securities and Exchange Board of India Act, 1992: Act under which the circular is issued.
SEBI Mutual Funds Regulations, 1996: Regulations related to mutual funds.
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Securities and Exchange Board of India
CIRCULAR
SEBI/HO/IMD/IMD-II DOF3/P/CIR/2022/39 March 30, 2022
All Mutual Funds/
Asset Management Companies (AMCs)/
Trustee Companies/Boards of Trustees of Mutual Funds /
Association of Mutual Funds in India (AMFI)
Sir/ Madam,
Subject: Timelines for Rebalancing of Portfolios of Mutual Fund Schemes
1. In order to bring uniformity across Mutual Funds with respect to timelines for
rebalancing of portfolio, the following has been decided:
a. In the event of deviation from mandated asset allocation mentioned in
the Scheme Information Document (SID) due to passive breaches
(occurrence of instances not arising out of omission and commission of
AMCs), rebalancing period across schemes shall be as follows:
Sl. Mandated
Category of Scheme
No. Rebalancing Period
i. Overnight Fund NA
All schemes other than Index Funds Thirty (30) business
ii.
and Exchange Traded Funds days
b. In case the portfolio of schemes mentioned at para 1 (a) (ii) above are not
rebalanced within the above mandated timelines, justification in writing,
including details of efforts taken to rebalance the portfolio shall be placed
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Securities and Exchange Board of India
before Investment Committee. The Investment Committee, if so desires,
can extend the timelines up to sixty (60) business days from the date of
completion of mandated rebalancing period.
c. In case the portfolio of schemes is not rebalanced within the
aforementioned mandated plus extended timelines, AMCs shall:
i. not be permitted to launch any new scheme till the time the portfolio is
rebalanced.
ii. not to levy exit load, if any, on the investors exiting such scheme(s).
d. Reporting and Disclosure Requirements:
i. AMCs to report the deviation to Trustees at each stage.
ii. In case the AUM of deviated portfolio is more than 10% of the AUM of
main portfolio of scheme:
1. AMCs have to immediately disclose the same to the investors
through SMS and email / letter including details of portfolio not
rebalanced.
2. AMCs shall also have to immediately communicate to investors
through SMS and email / letter when the portfolio is rebalanced.
3. Subject line of the aforementioned emails / letters should be
uniform across industry and clearly indicate “breach of” /
“deviation” from mandated asset allocation.
iii. AMCs have to disclose any deviation from the mandated asset
allocation to investors along with periodic portfolio disclosures as
specified by SEBI from the date of lapse of mandated plus extended
rebalancing timelines.
2. The above mentioned norms shall be applicable to main portfolio only and not
to segregated portfolio(s), if any and shall be effective from July 01, 2022.
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Securities and Exchange Board of India
3. This circular is issued in exercise of the powers conferred under Section 11 (1)
of the Securities and Exchange Board of India Act, 1992, read with the
provision of Regulation 77 of SEBI (Mutual Funds) Regulations, 1996 to
protect the interests of investors in securities and to promote the development
of, and to regulate the securities market.
Yours faithfully,
Bithin Mahanta
General Manager
Tel no.: 022-26449634
Email: bithinm@sebi.gov.in
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