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SEBI / Research Analysts

Statutory Charges vs Fee Cap – What’s Included and What’s Not

A detailed analysis of what is included and excluded from the Research Analyst fee cap, with a specific focus on statutory charges.

25 Jul 20263 min read

Understanding what is included and excluded from the Research Analyst (RA) fee cap is essential for compliance and accurate fee calculation. This article provides a comprehensive technical analysis of the fee cap and statutory charges.

Regulatory Basis

The circular dated January 08, 2025 (SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2025/004) states:

"The fee limit does not include statutory charges."

What is Included in the Fee Cap?

ItemIncluded in Fee Cap?
Research Services FeesYes
Subscription FeesYes
Consultation FeesYes
Any Fees for Research ServicesYes

What is Excluded from the Fee Cap?

ItemExcluded from Fee Cap?
GSTYes
Other Statutory ChargesYes
Non-RA ServicesYes
Third-Party ChargesYes

Understanding Statutory Charges

What are Statutory Charges?

Statutory charges are taxes and levies imposed by law, including:

  • Goods and Services Tax (GST)
  • Any other tax or levy

Why Are Statutory Charges Excluded?

Statutory charges are excluded from the fee cap because they are not fees charged by the RA; they are taxes collected by the RA on behalf of the government.

Fee Calculation Example

Scenario

ParameterValue
Research Services Fee₹1,51,000
GST (18%)₹27,180
Total Payable₹1,78,180

Analysis

ComponentAmountWithin Cap?
Research Services Fee₹1,51,000Yes (at cap)
GST₹27,180Excluded
Total₹1,78,180Yes

Compliance Requirements

1. Fee Disclosure

RAs must disclose the fee structure, including statutory charges, to clients.

2. Separate Invoicing

RAs must separately invoice statutory charges.

3. MITC Disclosure

RAs must disclose the fee cap and statutory charges in the MITC.

Common Compliance Gaps

1. Including Statutory Charges in the Cap

Some RAs include GST and other statutory charges within the ₹1,51,000 cap.

Solution: Charge statutory charges in addition to the cap.

2. Not Disclosing Statutory Charges

Some RAs fail to disclose statutory charges to clients.

Solution: Disclose statutory charges separately.

3. Incorrect GST Calculation

Some RAs calculate GST incorrectly.

Solution: Ensure correct GST calculation and charging.

Conclusion and How Anuj Desai & Associates Can Help

Understanding the distinction between the fee cap and statutory charges is essential for compliance and accurate fee calculation.

Anuj Desai & Associates offers specialized services to help RAs comply with fee cap and statutory charge requirements:

  • Review of fee structures.
  • Guidance on statutory charge disclosure.
  • Compliance audit and advisory.

Contact us today to ensure your fee calculations comply with SEBI requirements. Our team will review your fee structures and provide a tailored compliance roadmap.


Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers are advised to consult qualified professionals for legal and compliance matters. Anuj Desai & Associates is a SEBI compliance consulting firm based in India.


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