(1) Any person who has been operating a scheme or arrangement deemed to be a collective investment scheme under the proviso to sub-section (1) of section 11AA of the Act at the time of commencement of the Securities and Exchange Board of India (Collective Investment Schemes) (Amendment) Regulations, 2014, shall be deemed to be an existing collective investment scheme and shall also comply with the provisions of Chapter IX:
Provided that any scheme or arrangement which is otherwise regulated or prohibited under any other law shall not be deemed to be a collective investment scheme.
Explanation : The expression ‘operating a scheme or arrangement deemed to be a collective investment scheme’ shall include carrying out the obligations undertaken in the various documents entered into with the investors who have subscribed to the scheme or arrangement.
(2) An existing collective investment scheme shall make an application to the Board in the manner specified in regulation 5.]
CHAPTER X 215Substituted by the SEBI (Collective Investment Schemes) (Amendment) Regulations, 2014,w.e.f. 9-1-2014.
216ibid.
217ibid.
218ibid.
219Inserted,ibid.
MISCELLANEOUS Power of the Board to issue clarifications
75. In order to remove any difficulties in the application or interpretation ofthese regulations, the Board shall have the power to issue clarifications andguidelines in the form of notes or circulars which shall be binding on thetrustee or Collective Investment Management Company or any otherintermediary in the capital market.
FIRST SCHEDULE FORMS FORM A SECURITIES AND EXCHANGE BOARD OF INDIA (COLLECTIVE INVESTMENT SCHEME) REGULATIONS, 1999 [Regulations 4, 5(2)] APPLICATION FOR THE GRANT OF REGISTRATION AS COLLECTIVE INVESTMENT MANAGEMENT COMPANY
1. NAME OF THE APPLICANT :
2. CONTACT PERSON :
3. NAME OF THE COMPLIANCE OFFICER :
TELEPHONE NO. : FAX NO. :
4. ADDRESS OF THE REGISTERED OFFICE OF THE APPLICANT :
PIN CODE :
TELEPHONE NO. : FAX NO. :
5. ADDRESS OF THE APPLICANT FOR CORRESPONDENCE :
PIN CODE :
TELEPHONE NO. : FAX NO. :
6. ADDRESS OF BRANCH OFFICES (IN INDIA & ABROAD) OF THE APPLICANT, IF ANY :
(A) (B) (C)
7. WHETHER ANY OTHER APPLICATION UNDER SECURITIES ANDEXCHANGE BOARD OF INDIA ACT, 1992 HAS BEEN MADE FORGRANT OF CERTIFICATE, IF SO, DETAILS THEREFOR :
8. DATE AND PLACE OF INCORPORATION OF THE COLLECTIVEINVESTMENT MANAGEMENT COMPANY :
(Enclose a copy of certificate of incorporation)
9. OBJECTS OF THE COLLECTIVE INVESTMENT MANAGEMENTCOMPANY :
(Enclose copy of the Memorandum and Articles of Association)
10. MAIN OBJECTS :
11. ANCILLARY OBJECTS :
(the Memorandum and Articles of Association should have necessaryclause in respect of collective investment scheme and amendments, ifany, shall have to be incorporated in the existing Memorandum andArticles of Association)
12. CAPITAL STRUCTURE AND SHAREHOLDING PATTERN :
(give list of major shareholders holding 5% or more voting rights andpercentage of their share holdings, as of the latest date)
13. NET WORTH OF THE COMPANY :
(as of the latest date)
14. PRESENT LINE(S) OF BUSINESS ACTIVITIES:
(History, major achievements and present activity)
15. FINANCIAL INFORMATION :
(Enclose Balance Sheet and Profit and Loss account for the immediatelypreceding 3 years)
16. ACCOUNTING POLICIES:
(Furnish description of significant accounting policies)
17. NAMES AND ACTIVITIES OF ASSOCIATE COMPANIES/CONCERNSCARRYING ON ACTIVITIES RELATED TO THE SECURITIES MARKETAND GRANTED REGISTRATION BY SEBI :
18. MANAGEMENT OF THE COLLECTIVE INVESTMENT MANAGEMENTCOMPANY:
19. BOARD OF DIRECTORS :
(Indicate name, qualifications, background, experience, whetherdirectorship is on wholetime/part-time basis, other directorships, of theDirectors. Whether any of the Directors is in full employment elsewhere;give details thereof. If any of the Directors is a member of a professional bodyi.e., the ICAI or ICSI, to furnish permission of the professional bodyfor acting as director of the applicant )
20. KEY MANAGEMENT PERSONNEL :
(Furnish the names, qualifications, experience of the key managementpersonnel indicating their experience. Also, submit proof of acceptanceof appointment letter, latest salary slips)
21. OTHER EMPLOYEES :
(Furnish the names, qualifications, experience of the other employees)
22. DETAILS OF INFRASTRUCTURAL FACILITIES :
23. OFFICE SPACE :
(Mention extent of area available at the place where the main activitywould be carried out; detail of office space available at all the locations;certified copies of relevant sale deed/lease deed/rental agreement etc. inrespect of each of the premises to be enclosed.)
24. OFFICE EQUIPMENT :
(mention the details of electronic office equipment, computers, fax,telephones etc; submit proof of purchase of the above equipments.)
25. INVOLVEMENT IN CASES :
(a) Court cases/litigations in which the applicant may have beeninvolved in the last 3 years.
(b) Involvement in any offence relating to moral turpitude/economicoffences of the directors, employees of the applicant in the last 3years.
26. AUDITORS
27. OTHER INFORMATION :
Any other information considered relevant to the nature of servicesrendered by the applicant.
Names and addresses of the auditors of the applicant :
28. DOCUMENTS :
Submit copies of :
(a) Draft Trust Deed; and
(b) Draft Investment Management Agreement INSTRUCTION FOR FILLING UP T