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SEBI / Portfolio Managers

Why PMS Securities Are Held in the Client's Own Demat Account — Regulatory Rationale

A detailed explanation of why SEBI requires PMS securities to be held in the client's own demat account and the regulatory rationale behind this requirement.

25 Jul 20263 min read

A fundamental feature of portfolio management services is that securities are held in the client's own demat account. This article explains the regulatory rationale behind this requirement.

The Regulatory Requirement

Legal Basis

Regulation 24(15) of the SEBI (Portfolio Managers) Regulations, 2020 provides that the portfolio manager shall not hold the securities belonging to the portfolio account, in its own name on behalf of its clients either by virtue of contract with clients or otherwise.

Implementation

Securities of the clients are held in separate demat accounts and the clients can verify their holdings and their investments in a portfolio.

Client Ownership

Since the securities remain in the beneficial ownership of the client, they can be used as collateral for loans at the client's discretion.

Regulatory Rationale

Investor Protection

The primary rationale is investor protection. Holding securities in the client's own demat account ensures that:

  • Client assets are protected from the portfolio manager's creditors
  • There is no risk of commingling with the portfolio manager's assets
  • Clients have direct ownership of their securities

Transparency

The demat-in-client-name model provides:

  • Direct visibility of holdings to clients
  • Easy verification of transactions
  • Clear audit trail

Prevention of Misuse

Holding securities in the client's name prevents:

  • Misuse of client assets by the portfolio manager
  • Unauthorized transactions
  • Commingling of client assets

Bankruptcy Protection

In case of bankruptcy of the portfolio manager, client assets held in the client's name are protected from the portfolio manager's creditors.

Comparison with Mutual Funds

Mutual Funds

In mutual funds, assets are held in the name of the mutual fund scheme. Investors hold units of the scheme, not direct ownership of the underlying securities.

PMS

In PMS, securities are held in the client's own demat account. Clients have direct ownership of the securities.

Key Difference

The difference reflects the distinct nature of the two products:

  • Mutual funds: Pooled investment with collective ownership
  • PMS: Individual investment with direct ownership

Benefits for Clients

Direct Ownership

Clients have direct ownership of securities, not just units in a pool.

Verification

Clients can directly verify their holdings through their demat account.

Control

Clients retain control over their securities, subject to the portfolio management agreement.

Transparency

The arrangement provides complete transparency in holdings and transactions.

Benefits for Portfolio Managers

Simplified Reporting

Portfolio managers can easily report client holdings through demat statements.

Reduced Risk

The arrangement reduces the risk of misuse or commingling of client assets.

Regulatory Compliance

The arrangement ensures compliance with segregation requirements.

Expert Legal Guidance

Anuj Desai & Associates provides expert legal advisory services on PMS custody and segregation compliance. Our securities law experts help portfolio managers implement compliant custody arrangements and ensure regulatory compliance. Contact us for guidance on custody and other regulatory matters.


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