Collective Investment Schemes

A Collective Investment Scheme (CIS) is an investment method where groups of individuals pool their money to invest in a variety of asset classes such as:

  • Stocks
  • Bonds
  • Real Estate
  • Other Assets

The primary purpose of a CIS is to provide access to a diversified portfolio that may be challenging for individual investors to achieve independently. Professional fund managers make investment decisions on behalf of the investors, ensuring effective management and oversight

Key Features of Collective Investment Schemes

  1. Pooling of Funds: Investors combine their resources, allowing collective investment in a diversified portfolio that might otherwise be inaccessible.
  2. Professional Management: Fund managers conduct market research and make informed investment decisions aligned with the CIS's objectives.
  3. Diversification: Investors benefit from a portfolio spread across various asset classes, reducing the risk associated with individual investments.
  4. Ownership through Units or Shares: Investors own units or shares corresponding to their investment, with value tied to the performance of the underlying assets.
  5. Transparent Reporting: Regular reports provide insights into the scheme's financial performance, holdings, and overall management, promoting informed decision-making.
  6. Regulatory Oversight: CIS is regulated by the Securities and Exchange Board of India (SEBI), ensuring compliance and protecting investor interests.
  7. Investment Objectives: Each CIS has specific investment goals, whether aiming for capital appreciation or generating income.
  8. Accessibility and Affordability: By pooling funds, investors can access investment opportunities that may be cost-prohibitive individually.

Examples of Collective Investment Schemes

Some common examples of CIS in India include:

  • Mutual Funds
  • Exchange-Traded Funds (ETFs)
  • Hedge Funds
  • Real Estate Investment Trusts (REITs)
  • Private Equity Funds

Exemptions from Collective Investment Schemes

Certain schemes are exempt from being classified as CIS under SEBI regulations. These include:

  • Schemes by co-operative societies.
  • Non-banking financial company (NBFC) deposit schemes.
  • Insurance contracts under the Insurance Act.
  • Pension plans under the Employees Provident Fund Act.
  • Chit fund schemes.

Participants in a Collective Investment Scheme

The following key participants are involved in a CIS:

  • Sponsor: Initiates and sets up the scheme, ensuring regulatory compliance.
  • Asset Management Company (AMC): Manages the CIS, making investment decisions and overseeing operations.
  • Trustees: Act as custodians of the fund's assets and protect investor interests.
  • Custodian: Safeguards the assets held by the scheme (optional).
  • Investors: Individuals or institutions contributing funds.
  • Registrar and Transfer Agent (RTA): Manages investor records and transactions.
  • Distributors/Intermediaries: Assist in marketing and distributing CIS units.

Eligibility Criteria for a Collective Investment Scheme

To establish a CIS in India, the following eligibility criteria must be met:

  1. Sponsor Entity Type: Must be a corporate body registered under the Companies Act or Limited Liability Partnership (LLP).
  2. Track Record: A minimum of 5 years in the financial services sector.
  3. Financial Standing: Minimum net worth of Rs. 5 crores.
  4. Fit and Proper Criteria: All key participants must have a good reputation and integrity.
  5. Registration with SEBI: Must obtain necessary approvals and adhere to regulations.
  6. Appointment of Trustees: Independent trustees must be appointed with SEBI approval.
  7. Valuation of Assets: Assets must be valued periodically per SEBI norms.

Note: Collective Investment Schemes (CIS) provide an effective investment vehicle for individuals and institutions, allowing them to access professional management, diversification, and potential returns while adhering to strict regulatory frameworks established by SEBI. This ensures investor protection and transparency in the investment process.

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Frequently Asked Questions

A Collective Investment Scheme (CIS) is any scheme or arrangement that meets the conditions specified under sub-section (2) of section 11AA of the SEBI Act. It pools investor contributions to generate profits, income, or property, managed on behalf of the investors. Investors do not have day-to-day control over the management or operations of the scheme.

The following arrangements are not classified as Collective Investment Schemes:

  • Schemes offered by co-operative societies registered under relevant state laws.
  • Deposit schemes run by Non-Banking Financial Companies (NBFCs).
  • Insurance plans governed by the Insurance Act.
  • Schemes under the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
  • Company deposits under section 58A of the Companies Act, 1956.
  • Schemes of Nidhis or mutual benefit societies under section 620A of the Companies Act, 1956.
  • Chit businesses as defined by the Chit Fund Act, 1982.
  • Contributions made to mutual fund schemes.

A Collective Investment Management Company (CIMC) is a company incorporated under the Companies Act, 1956, and registered with SEBI as per SEBI (Collective Investment Schemes) Regulations, 1999. Its primary purpose is to organize, operate, and manage Collective Investment Schemes.

These are schemes that were operational at the time CIS Regulations were enforced on October 15, 1999.

No, an existing CIS cannot raise funds or launch new schemes until it secures a certificate of registration from SEBI. Provisional registration or credit rating does not allow fund mobilization without SEBI’s formal approval.

A registered CIMC can raise funds by launching credit-rated schemes that have been appraised by an agency. The schemes must be approved by the Trustee and contain necessary disclosures for informed decision-making. The offer document must be filed with SEBI, and if SEBI suggests no changes within 21 days, the CIMC may issue the offer to the public.

Yes, unit certificates must be listed on stock exchanges specified in the offer document.

Yes, investors should receive:

  • The Balance Sheet, Profit and Loss Account, and a summary of the annual appraisal report within two months of the financial year’s end.
  • The scheme’s annual report (or an abridged version) published in a national newspaper within two months after finalizing accounts.
  • Un-audited quarterly financial results published in a national newspaper within a month of each quarter’s end.

No, SEBI’s acceptance of an offer document does not imply approval or assurance of the scheme’s financial soundness. The responsibility for accurate disclosures lies solely with the CIMC, in compliance with SEBI regulations.

A CIS must be wound up if it:

  • Does not apply for registration.
  • Is unwilling or ineligible to obtain provisional registration.
  • Fails to meet regulatory conditions after obtaining provisional registration.

The scheme must issue an information memorandum to investors, detailing the scheme’s financial status, the amount payable, and the calculation method. The memorandum, signed by all directors, should clearly state that investors must express a desire to continue within a month. If fewer than 25% of investors consent, the scheme will be wound up, and payments made within three months.

Investors may approach the CIS directly for grievances. If unsatisfied, they can escalate the issue to SEBI or seek remedies through district consumer forums for service deficiencies. In cases of bounced cheques, investors can file complaints under section 138 of the Negotiable Instruments Act. For deposit-like investments, the provisions of section 58A of the Companies Act apply.

No, SEBI does not guarantee or undertake the repayment of funds to investors.

Investors should first contact the CIS. If the issue is unresolved, they may write to SEBI. Additionally, district consumer forums can address service deficiencies. For bounced cheques, legal action can be taken under the Negotiable Instruments Act.