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Chapter 17: Operational Aspects of Investment Management

Investing process • PAN/KYC • Demat/Remat • Power of Attorney • NRI accounts • Folio maintenance • Special investor categories • Payment instruments • Documentation • MF via stock exchanges

17.1 Investors and the Investing Process

Who Can Invest?

Individual investors: Resident individuals, Minors (through guardians), HUF, NRIs, FPIs (foreign individual investors). Small ticket size, geographically dispersed.

Institutional investors: Companies, trusts, charitable organisations, societies, financial institutions, pension/insurance funds, banks. Need a formal process — Board/Trustees approve investment decisions; transact through authorised signatories.

SEBI's "Accredited Investors" concept covers individuals, sole proprietors, HUFs, trusts, partnerships, companies meeting net-worth/income/AUM criteria — assumed to have higher risk appetite, get access to specialised products.

Eligible Investor Categories (per offer document)

Resident Individuals HUF Minors via guardians Societies/Clubs NRI PIO Banks FIs AOP Companies Partnerships Trusts FPIs Insurance Cos Pension Funds Mutual Funds

Subject to limits in SEBI regulations, RBI norms and the scheme's offer document. E.g., NRIs cannot invest in post office small savings schemes; pension plans may have age caps.

Client On-boarding & Terms of Offer

Investors must satisfy mandatory regulatory pre-requisites (e.g., KYC compliance) and product-specific conditions (e.g., subscription window for a public issue).

ASBA / UPI: From 1 Jan 2016, public issue payments must use ASBA (Application Supported by Blocked Amount) — an authorisation to the bank to block application money, releasing funds only on allotment. SEBI has also introduced UPI with blocked-funds facility as a payment mechanism for retail applications via intermediaries.

Mandatory Investor Information in Application Forms

FieldKey Points
NameUp to 3 joint holders for MF/shares/bonds/demat/POSB; 2 for bank FD/SCSS/NSC; NPS is sole-name. First holder receives all payouts/correspondence and bears tax liability.
SignatureVerified for every transaction; all joint holders must sign irrespective of holding pattern.
AddressOf first holder; must match KYC address proof.
Bank account detailsAccount no., bank/branch, IFSC, MICR — mandatory for most capital market products; optional for NPS Tier I, mandatory for Tier II; not required for POSB.
PANSingle identification number for capital market transactions; original verified against self-attested copy.
KYC ComplianceStatus & proof must be furnished at time of investment.
Risk ProfilingMandatory for an Investment Adviser to undertake — basis for selecting suitable investment options.

Investor Folio / Account

A unique folio/account/customer ID is created on the first valid application by the product provider/agent (e.g., R&T agent), capturing name, status, contact, bank details, mode of holding, and nomination. Subsequent ("additional") investments can be made via transaction slips quoting the folio number — no fresh PAN/KYC needed. NPS uses PRAN; securities-market investors can consolidate all holdings into their demat account.

17.2 PAN and KYC Process

Permanent Account Number (PAN)

  • Issued by Income Tax authorities; apply via Form 49A (UTI/NSDL accept and verify).
  • Section 114B of IT Rules lists transactions mandatorily requiring PAN.
  • If PAN unavailable for a mandatory transaction → declaration in Form 60/61.
  • For MF transactions, attestation can be by distributor/broker/AMC office, bank manager, gazetted official, or a KYD-compliant adviser registered with AMFI.

Exemptions from PAN

  • Micro investments ≤ Rs. 50,000 (aggregate, rolling 12-month/FY) by individual investors only (not HUF/non-individuals) — quote 'PAN Exempt KYC' Reference Number.
  • BSBDA accounts; insurance premium cash ≤ Rs. 50,000; NPS cash contribution ≤ Rs. 50,000; POSB low-risk investors with balance ≤ Rs. 50,000.

Know Your Customer (KYC)

Mandated under PMLA, 2002 — identity verification (photo ID: passport/DL/voter ID/Aadhaar) + address proof (utility bill, ration card, etc.) + PAN where available.

  • Must be done with a KYC Registration Agency (KRA); e-KYC via UIDAI also valid.
  • Uniform KYC for securities markets since 1 Jan 2012 — one KYC serves mutual funds, DPs, brokers, PMS, VCFs, CIS. KYC form has Part I (common) and Part II (intermediary-specific).
  • In-Person Verification (IPV) mandatory for first-time investors (name/designation/signature of verifier recorded); Video IPV (VIPV) permitted under prescribed safeguards (live, clear, OVD/signature/OTP check, Aadhaar photo match, secure storage). IPV/VIPV waived where Aadhaar e-KYC or online Digilocker submission is used.

e-KYC / Digital Onboarding Flow (SEBI Circular dated April 24, 2020)

Investor visits RI's app/website
Fill KYC form online + upload docs
Mobile/email OTP verification
Aadhaar via UIDAI; PAN via tax DB; bank via penny-drop
eSign (Aadhaar-based digital signature)
Print, sign (wet/cropped), submit to RI via eSign

Tools: eSign (under 2nd Schedule of IT Act), Digilocker. An IA wishing to be a sub-KUA (KYC User Agency) must tie up with a KUA and register with UIDAI. SEBI's May 23, 2025 circular mandates inclusive digital KYC for persons with disabilities (incl. visual impairment).

Centralised KYC Registration Agency (CKYCR)

CERSAI notified (Nov 26, 2015) as Central KYC Record Registry under PML Rules 2005 — stores/safeguards/retrieves digital KYC records, issues a unique KYC Identifier after de-duplication, and serves Reporting Entities of RBI, SEBI, IRDAI & PFRDA (operational since 2016). RIs must upload KYC of individual accounts opened on/after 1 Aug 2016. Re-submission of documents needed only if information changes, address re-verification is required, or enhanced due diligence is warranted.

17.3 Dematerialisation & Rematerialisation

A depository (NSDL, CDSL — under the Depositories Act, 1996) holds securities electronically, like a bank holds funds. Public issues exceeding Rs. 10 crore must be in dematerialised form. Dematerialised securities are fungible and identified via ISIN (12-character code). Physical transfer of shares discontinued from 1 April 2019.

Dematerialisation — Process Flow

Investor submits DRF + certificates to DP
DP generates DRN, sends to R&T agent + depository
R&T agent verifies (DRF authorisation, DRN match, hologram, ISIN)
Certificates mutilated & marked "Surrendered for Dematerialisation"
RoM updated; depository's name entered; DP account credited

No stamp duty on dematerialisation. DRFs stored ≥ 5 years. Rejection grounds: mismatch in details, fake/stolen/duplicate certificates, name/signature mismatch, securities not pertaining to issuer.

Rematerialisation — Process Flow

Investor submits RRF to DP
DP validates signature & share availability
Forwarded electronically to depository → R&T agent
R&T creates/updates folio, assigns new certificate & distinctive numbers
Revenue stamps affixed; certificates printed & dispatched

RRF carries: holder name(s), signature, number of shares, address, bank details, PAN, age, tax status, nominees.

17.4 Power of Attorney (PoA)

A PoA has a grantor (investor/account holder) and an attorney/holder (authorised agent). Both must comply with PAN/KYC. The PoA holder may transact (purchase, payment, sale, settlement, redemption) but cannot open/close bank or demat accounts, appoint or change a nominee. The grantor can continue operating the account.

Validity Requirements

  • Typed on non-judicial stamp paper; stamped per state rules
  • Signed by grantor on all pages; signed by both grantor & holder on the last page
  • Notarised by a notary public (requirement varies by intermediary)
  • If executed abroad: plain paper, attested by Indian embassy/notary abroad, signed by grantor, sent to India for holder's signature, then stamped/notarised in India if required

No PoA is possible for a minor (cannot contract) — the guardian performs an analogous role.

17.4.1 General Power of Attorney

Broad authority — banking/transactions, filing tax returns, buying/selling/managing property, entering contracts, settling claims. Used when investor is travelling or unwell.

17.4.2 Specific/Limited Power of Attorney

Authority limited to specific act(s) clearly designated — e.g., for a defined task during illness, disability or travel.

17.5 Account Opening for Non-Resident Investors

Determining NRI Status (Section 6, Income Tax Act)

Resident if: (1) in India ≥182 days in the previous year; OR (2) ≥60 days in the previous year AND ≥365 days in preceding 4 years (exception for citizens/PIOs visiting India). Person of Indian Origin (PIO): held an Indian passport, or grandchild of Indian citizens, or spouse of an Indian citizen/PIO.

Repatriability: Foreign-currency-sourced investment → freely repatriable; Rupee-sourced → non-repatriable (rupee not fully convertible on capital account). Sources cannot be clubbed.

Source AccountRepatriation Limit
NRO AccountUp to USD 1 million per financial year
NRE / FCNR / FIRC-supported foreign draftFreely repatriable, no limit

All income earned in India (interest, rent, dividends) is freely repatriable after taxes; sale proceeds of capital assets repatriable to the extent of funds originally remitted from abroad.

KYC for NRIs — Additional Documents

  • Certified true copy of Passport & overseas address proof
  • Permanent address; PIO Card copy (for PIOs)
  • Merchant Navy: Mariner's declaration / CDC
  • Documents in English, attested by Consulate or overseas branches of registered Indian banks

FATCA/CRS: Mandatory self-declaration since Jan 2016 (Rules 114F–114H) — name, PAN, address, place/country of birth, nationality, income, tax residency, UBO (for entities).

PINS Account (Portfolio Investment Scheme)

RBI scheme — mandatory for NRIs/PIOs trading listed shares/convertible debentures/MF units on Indian exchanges. Opened only at designated AD bank branches; one NRE(PIS) (repatriable) + one NRO(PIS) (non-repatriable) account allowed. Documents: passport, work permit/visa, PIO card, address proof.

Investment ceilings: NRI ≤ 5% of paid-up capital (overall NRI cap 10%, raisable to 24% by special resolution); debentures similarly capped at 5%/10%.

NRI Demat & Trading Accounts

  • Demat: type 'NRI'/sub-type 'Repatriable' or 'Non-Repatriable' must be mentioned; separate accounts needed for each; no RBI permission needed to open (but for credit/debit, AD permissions may apply); no currency/commodity trading or short-selling allowed.
  • Trading: separate accounts can link to NRE & NRO; cannot trade securities on the "breach list"; cash segment settled by delivery only; contract notes to be submitted to the PIS branch within specified time.

17.6 Folio Maintenance, Reorganising & Status Changes

Folio Maintenance Activities
Change of Address/Contact
Change of Name
Change in Status (Resident↔NRI)
Marking/Unmarking a Lien
Transmission
Nomination
Assignment (Insurance)

Change of Address / Name / Status

Capital market changes route through the KRA via the KYC Details Change Form + documentary proof; mere intimation to AMC/R&T/DP/broker is not sufficient. NPS uses Form S2. Change of status (Resident→NRI or vice versa) requires re-designation of bank accounts (to NRO/Resident Rupee a/c), fresh demat/trading accounts, and KRA notification to all participants.

Lien / Pledge

Investments (shares, MF units, FDs, insurance policies) can be pledged as collateral. Lender creates a lien/charge; investor cannot redeem pledged securities. Recorded by provider; appears in account statement. Unmarking requires the lien holder's written authorisation. Lien holder can invoke the lien (sell/redeem) to recover dues — no transfer of ownership occurs first.

Transmission — Who Gets the Investment?

Holding PatternOutcome
Joint, no nominationTransmitted to surviving joint holders (2nd holder becomes 1st)
Joint, with nominationJoint holders' right supersedes the nominee's
Single, with nominationTransmitted to the nominee
Single, no nominationTransmitted to legal heirs/claimants on proof of succession
HUF Karta deceasedNew Karta on indemnity bond signed by co-parceners

Simplified documentation thresholds: physical securities — Rs. 5 lakh; dematerialised securities — Rs. 15 lakh (death certificate, indemnity letter, NOC from other heirs suffice). Typical documents: death certificate, probate/succession certificate, relationship proof, indemnity bond, NOC, new holder's bank/KYC details.

Nomination (rules effective 1 March 2025)

  • Rule of survivorship: on death of joint holder(s), assets transmitted to survivors as owners (not trustees).
  • Simultaneous death of all joint holders: assets pass to registered nominee(s).
  • Mandatory nominee details: PAN/DL/last-4-digits-Aadhaar, contact details, relationship, DOB (if minor).
  • Up to 10 nominees per folio/account; mandatory for singly-held MF/demat folios; cannot be made/changed by a PoA holder.

Assignment (esp. Insurance)

Transfer of rights/property to another person — can be conditional (e.g., on early death) or absolute (e.g., to a lender, irrevocable). Done via endorsement on the policy or a registered deed of assignment.

17.7 Special Investor Categories — Change in Status

Minors → Major

Minor = under 18; cannot contract; guardian (natural/court-appointed under Guardians and Wards Act, 1890 / Hindu Minority and Guardianship Act, 1956) transacts on their behalf. Investment must be sole/first-named; no joint holding with guardian beyond what's allowed; guardian's PAN & KYC required.

On attaining majority: folio is frozen until KYC redone (fresh proof of identity/address, banker-attested signature); new demat account required (old one closed); PAN reissued with new signature; SIP/SWP/STP suspended if status-change documents not submitted by the date of majority.

NRI ↔ Resident Indian

NRI→RI: Cannot operate NRO/NRE/FCNR(B); open Resident Rupee Account (and optionally RFC account for foreign currency); new 'Resident' demat & trading accounts (balances transferred, old closed); inform AMCs/KRA.

RI→NRI: Open NRE/NRO accounts; convert FDs to NRO FDs; new NRI-status demat (non-repatriable) & trading accounts (often higher brokerage); inform AMC/KRA — TDS becomes applicable on MF gains.

Addition/Deletion of Name

Bank account: simple application + KYC of new holder + updated specimen signature card. Mutual funds: not allowed directly (amounts to a transfer) — solution is to open a new folio and switch holdings.

Bank Mandate Addition/Deletion

Form + cancelled cheque required for trading/demat/MF folio changes; multiple bank accounts can be linked but one is designated the main/payout account.

17.8 Payment Instruments

Traditional

Local/At-Par cheques, Demand Drafts, Post-dated cheques (SIP only), Standing Instructions, Cash (limits apply).

Electronic/Digital

NACH, RTGS, NEFT, ASBA, UPI, AEPS, National Unified USSD Platform, e-wallets, Debit cards, internet banking transfer.

Cash Limits

MFs: ≤ Rs. 50,000 per investor per fund per year (since Sept 2012, PMLA-compliant); redemptions/dividends only via banking channels.

Key Digital Payment Facts

ModeKey Feature
ASBABlocks funds in account; debited only on allotment; money continues to earn interest; eliminates refunds
RTGSFor Rs. 2 lakh & above; real-time settlement; charges Rs. 5–55
NEFTNo minimum amount; batch settlement; charges Rs. 5–25
IFSC11-digit alphanumeric; first 4 letters = bank, last 7 = branch
MICR9-digit code: city (3) + bank (3) + branch (3)

Third-Party Payment Restrictions (Anti-Fraud / PMLA)

Payments must come from the first holder's own account. Exceptions for MF investments: grandparents/parents paying ≤ Rs. 50,000 per transaction for a minor; employer payroll deductions; custodians paying for FPIs — each requires a third-party declaration form + payer's PAN/KYC compliance.

17.9 Documentation for Investment Advice

Per SEBI (Investment Adviser) Regulations, 2013, the adviser must: (1) execute a signed agreement with scope, remuneration, good-faith undertaking; (2) collect & document client information (age, income, assets, liabilities, goals); (3) conduct & record risk profiling; (4) document the product short-listing rationale and suitability reasoning; (5) record the advice given; (6) maintain proof of pre-investment requisites (KYC, demat, NRI accounts, etc.) and post-investment records (statements, proofs) — physically or digitally signed electronic form — for 5 years.

Most Important Terms and Conditions (MITC) — Highlights

  • IA accepts only advisory fees, not client funds/securities; no guaranteed-return schemes (prohibited by law)
  • No trade execution without the client's specific consent on every trade
  • Fee capped per SEBI/IAASB norms (individual & HUF clients); advance fee ≤ 1 year; breakage fee ≤ ¼ of fee
  • Payment modes: cheque/online transfer/UPI/CeFCoM (managed by BSE) — no cash
  • Mandatory risk profiling & suitability analysis, communicated to client
  • Conflict-of-interest management — family members get no distribution services; prefer direct (non-commission) plans
  • 3-step grievance redressal: IA → SCORES → Smart ODR portal
  • IA never asks for login credentials/OTPs of trading, demat or bank accounts

17.10 Investing in Mutual Funds via Stock Exchange Platforms

Platforms & Features

SEBI permits MF distributors (registered with AMFI) to use recognised stock-exchange infrastructure: BSE StAR and NSE NMF II. Units are bought/sold from AMCs directly; pay-in/pay-out through exchange/clearing-corporation infrastructure, eliminating counterparty risk. Supports SIP, STP, SWP and switches; investments can be in demat or physical form; online mode needs no document submission.

Role & Benefits for the Investment Adviser

  • Guides investors on using the online platform and process
  • Single-screen view of entire MF portfolio, transactions, holding statements
  • Family-member portfolio clubbing; non-financial changes via the platform
  • Minimal paperwork → scalability, transparency, and accurate fee charging
  • Payments accepted via cheque, DD, NEFT/RTGS, internet banking, debit card

Key Takeaways

  • PAN and KYC are mandatory regulatory pre-requisites for most financial transactions; uniform KYC via KRA/CKYCR eliminates duplication across intermediaries.
  • Dematerialisation/rematerialisation involve the investor, DP, R&T agent and depository in clearly defined, document-driven workflows.
  • A PoA cannot open/close accounts or handle nominations — its scope is limited to what the grantor delegates and what the provider permits.
  • NRI investment treatment hinges on the source-of-funds (repatriable vs. non-repatriable) and is routed through PINS/NRE/NRO accounts.
  • Folio maintenance covers address/name/status changes, lien, transmission, nomination and assignment — each with its own documentation trail.
  • Minors-turned-major and NRI↔Resident transitions require complete re-KYC and fresh account opening; old accounts are frozen/closed.
  • Third-party payments are restricted to prevent fraud; ASBA/UPI improve safety and convenience for primary market applications.
  • SEBI's MITC framework strengthens transparency in the IA-client relationship; documentation of advice (agreement, KYC, risk profile, rationale) must be retained for 5 years.
  • Stock exchange MF platforms (StAR, NMF II) give advisers a consolidated, low-paperwork view of client portfolios.

Self-Test: Quick Quiz

1. With effect from January 1, 2016, payment for applications in a public issue must mandatorily use which facility?

2. The micro-investment exemption from PAN in mutual funds (up to Rs. 50,000 aggregate) is available to:

3. Which entity has been authorised as the Central KYC Record Registry (CKYCR) under the PML Rules, 2005?

4. A Power of Attorney holder is NOT permitted to:

5. If an investment account was held singly by the deceased and had a valid nomination, the investment is transmitted to: