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Custodian's Role in PMS — Functions, SEBI Requirements & Comparison with AIF Custody

A comprehensive guide to the custodian's role in PMS, including functions, SEBI requirements, and comparison with AIF custody arrangements.

25 Jul 20263 min read

The custodian plays a critical role in portfolio management services. This article explains the custodian's functions, SEBI requirements, and how PMS custody compares with AIF custody.

What is a Custodian?

Definition

A custodian is a SEBI-registered intermediary that safely stores the securities and financial assets of investors. They play a vital role in ensuring that transactions in the market are executed properly and in compliance with the rules.

Regulatory Status

Custodians are registered under the SEBI (Custodian) Regulations, 1996. SEBI has hiked custodians' net worth requirement to ₹75 crore, giving three years for compliance.

Custodian's Role in PMS

Mandatory Appointment

Every portfolio manager shall appoint a custodian in respect of securities managed or administered by it.

Functions

Custodians provide services like:

  • Safekeeping assets
  • Account maintenance
  • Compliance with regulations
  • Ensuring transactions are executed properly

Independence

An independent custodian must hold the client's assets to prevent any conflict of interest.

SEBI Requirements for PMS Custody

Mandatory Appointment

  • Every portfolio manager must appoint a custodian
  • Mandatory for portfolio managers dealing in commodity derivatives

Exceptions

The requirement does not apply to a portfolio manager:

  • Who performs purely advisory functions
  • Who provides only advisory services

Client Asset Segregation

The client's funds and securities should be kept separate from the manager's assets.

Comparison with AIF Custody

Similarities

Independent Custodian: Both PMS and AIF require an independent custodian to hold client assets.

Safekeeping: Both require custodians for safekeeping of assets.

Compliance: Both require compliance with SEBI regulations.

Differences

AspectPMSAIF
Custodian TypeSEBI-registered custodianSEBI-registered custodian
Asset HoldingClient's demat accountAIF's demat account
OwnershipClient owns securitiesAIF owns securities
SegregationClient-level segregationScheme-level segregation

Key Difference

In PMS, securities are held in the client's own demat account, while in AIF, securities are held in the AIF's demat account.

Commodity Derivatives

Mandatory Appointment

It would be mandatory for portfolio managers to appoint SEBI-registered custodian before dealing in Exchange Traded Commodity Derivatives.

Compliance Requirements

Appointment

Portfolio managers must:

  • Appoint a SEBI-registered custodian
  • Ensure the custodian is independent
  • Maintain proper custody arrangements

Reporting

Portfolio managers must:

  • Disclose custodian details to clients
  • Report custody arrangements to SEBI

Audit

Custody arrangements must be verified during:

  • Annual compliance audit
  • SEBI inspections

Expert Legal Guidance

Anuj Desai & Associates provides expert legal advisory services on custodian compliance for portfolio managers. Our securities law experts help clients appoint compliant custodians, establish proper custody arrangements, and ensure regulatory compliance. Contact us for guidance on custodian compliance and other regulatory matters.


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