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SEBI / Portfolio Managers

Common SEBI Inspection Findings for Portfolio Managers — An Illustrative Checklist

An illustrative checklist of common SEBI inspection findings for Portfolio Managers, helping firms prepare for inspections and avoid compliance pitfalls.

25 Jul 20263 min read

SEBI inspections frequently identify common compliance deficiencies. This article provides an illustrative checklist of findings to help portfolio managers prepare for inspections.

Net Worth Compliance

Failure to Maintain Minimum Net Worth

Failure to maintain the minimum net worth of ₹5 crore is one of the most common findings. SEBI has emphasized that the ₹5 crore net-worth requirement is critical to ensure that only financially robust entities manage public funds.

Misleading Net Worth Reports

Submitting incorrect and misleading compliance reports falsely suggesting that net worth meets regulatory standards is frequently flagged.

Net Worth Certificate

Failure to submit net worth certification is a common compliance deficiency.

Reporting Compliance

Failure to Submit Periodic Reports

Failure to submit mandatory periodic reports, including net worth certification, corporate governance reports, and portfolio manager compliance reports.

Incorrect Reports

Submitting incorrect and misleading reports on compliance with Portfolio Managers Regulations.

Delayed Reporting

Delayed submission of regulatory reports is a common issue.

Investment Compliance

Third-Party Investment Decisions

Investing client funds based on recommendations from third-party algo providers is prohibited.

Mis-selling

Mis-selling services to clients is a serious compliance violation.

Investment in Related Parties

Exceeding the prescribed limits for investment in related parties is a common finding.

Client Segregation

Failure to Segregate Client Assets

Failure to properly segregate client funds and securities is a serious compliance issue.

Co-Mingling

Co-mingling of client funds with the portfolio manager's own funds is prohibited.

Operational Compliance

Inadequate Infrastructure

Lack of adequate infrastructure, including office space, equipment, and manpower.

Dealing Room Deficiencies

Failure to comply with dealing room requirements, including recorded telephone lines and restricted access.

Audit Trail

Failure to maintain proper audit trail of all activities related to management of funds and securities.

Client Onboarding Compliance

KYC Deficiencies

Incomplete or inadequate KYC documentation.

Risk Profiling

Failure to conduct proper risk profiling of clients.

Agreement Deficiencies

Inadequate client agreements that do not meet regulatory requirements.

Fee Compliance

Upfront Fees

Charging upfront fees in violation of the prohibition.

Fee Disclosure

Failure to properly disclose fees and charges.

Operating Expense Cap

Exceeding the operating expense cap of 0.50% per annum.

Performance Reporting

TWRR Calculation Errors

Incorrect calculation of TWRR.

Performance Disclosure

Failure to properly disclose performance in marketing materials.

Benchmarking

Incorrect benchmark selection or tagging.

Record-Keeping

Inadequate Records

Failure to maintain required records.

Record Retention

Failure to retain records for the minimum period of five years.

Illustrative Checklist

Pre-Inspection Checklist

  • Net worth certificate up to date
  • All periodic reports submitted
  • Client agreements in place
  • KYC documentation complete
  • Risk profiling conducted
  • Fee disclosures made
  • Performance reports accurate
  • Records properly maintained

During Inspection

  • Cooperate with inspecting authority
  • Produce all required records
  • Provide access to premises
  • Assist with examination

Post-Inspection

  • Address any findings
  • Rectify deficiencies
  • Submit compliance report

Expert Legal Guidance

Anuj Desai & Associates provides expert legal advisory services on SEBI inspection preparedness for portfolio managers. Our securities law experts help clients identify potential issues, prepare for inspections, and address findings. Contact us for guidance on inspection preparedness and other regulatory matters.


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