Baroda BNP Distributor Empanelment Form

Download as pdf or txt
Download as pdf or txt
You are on page 1of 5

DISTRIBUTOR EMPANELMENT FORM

1. APPLICANT PERSONAL DETAILS

Distributor Name

Contact Address (for all communication, brokerage, structure, Intimation & cheques)

Photo Required
City Pin Code Only for Individual
distributors
State Country

Email

Tel. No. (STD Code) Office Resi.

Mobile PAN Fax

The cities you operate in :


Are all your MF sales employees AMFI/NISM certified: Yes   No
Approx. MF business mobilised in last financial year (Rs. Lacs) :
Equity Debt Cash

2. AMFI REGISTRATION DETAILS (PLEASE ATTACH A COPY OF ARN CARD/AMFI CERTIFICATE)

AMFI Registration No. ARN ARN Issue Date ARN Valid upto

3. STATUS (PLEASE TICK ANYONE): (PLEASE ATTACH A SELF ATTESTED COPY OF THE PAN CARD / EUIN CARD)

Individual Non-Individuals

Individual   Sole Proprietorship Partnership Firm / LLP NBFC Private Limited Company

EUIN Public Limited Company Trust/Society Others

Wedding D D M M Y Y EUIN Date of formation/ incorporation/Registration


Anniversary
Name Of CEO / Proprietor / Key Person
Educational Qualification:
Professionally Undergraduate Contact Person(s)
Qualified
Office Number Mobile
Graduate Post Graduate
E-mail

4. BUSINESS DETAILS

No. of Branches No. of Sales Employees No. of Clients No. of Sub-Brokers Total MF AUM (Funds Mobilised)

Experience in selling : Mutual Fund   Insurance   IPOs   Fixed Deposits   Bonds   Others Please Specify No. of years

5. Are you or any of your Associates/Subsidiaries involved in any Regulatory/Statutory Levies, Fine, Penalties and Legal Suits, Customer Compensation ?
Yes No. If yes please provide full details on a separate sheet
6. DISTRIBUTOR INFORMATION (Only empanelled Distributors/ Brokers will be permitted to distribute Units of Baroda BNP Paribas Mutual Fund)
Special achievements/ awards in last three years

6a. Whether any of employee of the AMC, Mutual Fund, Sponsor, Associate is relative* of the Distributor. Yes No. If yes, details (such as Name, address, PAN, relationship with the Distributor).
*Relative shall include spouse/father/mother/son/son’s wife/daughter/daughter’s husband/brother/sister.

7. POLITICALLY EXPOSED PERSON


Are you a PEP (politically exposed person) OR RCA (Relatives/ Close Associates)
8. BANK DETAILS

Bank Name

Bank Branch A/c. No.


A/c Type Savings     Current     NRO     NRE
Bank Address

City Pin

IFSC
Please provide 11 digit IFSC code. Please enclose a cancelled cheque of the above bank account.
Service Tax No.

FOR OFFICE USE ONLY

Recommended by
Reason for recommendation
BC

Date D D M M Y Y Y Y Approved by
(Regional Head - Sales) Signature
9. NOMINATION DETAILS FOR BROKERAGE/ COMMISSION (incase of Individual Agents Only)
I hereby nominate the person named below to receive the amount of brokerage to my credit in the event of my death.
Date of Birth (If Minor) D D M M Y Y Y Y Relationship

Nominee’s/ Guardian’s Name (In case of Minor)

Address of Nominee/ Guardian

City State Pin

Specimen Signature of Nominee/ Guardian Signature of the Distributor


  
10. FOREIGN ACCOUNT TAX COMPLIANCE ACT (FATCA) RELATED INFORMATION (Please tick in the box)
I/We shall ensure that the customer provides such additional information/declaration as may be required by the
AMC/ Mutual Fund under PMLA/ KYD/ Foreign Account Tax Compliance Act (“FATCA”)/Common Reporting Standard
(CRS) as amended from time to time. In the absence of such information/declaration, the application for subscription of
units is liable to be rejected. Signature / Authorized Signatory)

11. DECLARATION & SIGNATURE


Declaration:

This is to certify that _________________________________________________________________________________________________________________________ is a partnership/ corporate/


proprietorship firm and all employees engaged in sales and distribution activities are AMFI certified and also have applied for/ received their ARN photo ID cards / EUIN.

I/We declare that the information furnished herein above is true and correct to the best of my/our knowledge and belief and that, I/We am/are permitted to undertake the activities of distributing/selling
units of the schemes managed by BAMIL. I/We further confirm that I/We abide and will abide by the terms and conditions stated overleaf/attached and amendments thereof, if any, communicated to me/
us in writing by BAMIL from time to time relating to my/our empanelment as distributor.

I/We will comply with the provisions of The Prevention of Money Laundering Act, 2002 and guidelines issued by Securities and Exchange Board of India and Association of Mutual Funds in India from
time to time in this regard.

___________________________________________
Signature / Authorised Signatory
(please affix seal, if applicable, against your signature)

Place ___________________________

Date ____________________________

CHECKLIST OF DOCUMENTS TO BE SUBMITTED ALONGWITH THIS FORM

Sr. No. Documents Individual/ IFA Corporate Trusts Societies Partnership Firms HUF
1 Copy of AMFI Certificate P P P P P P
2 Copy of EUIN Card P P P P P P
3 Copy of AMFI Letter & ARN Card P P P P P P
3 Copy of PAN Card P P P P P P
4 Cancelled Cheque P P P P P P
5 Authorized Signatory List P P P P P
6 Board Resolution P
7 MOA/ AOA P
8 Trust Deed P
9 Partnership Deed/ Deed of Declaration P P
10 By Laws P
11 Self Declaration Form P P P P P P
12 FATCA / CRS P P P P P P
Baroda BNP Paribas Asset Management India Private Limited
(Formerly BNP Paribas Asset Management India Private Limited)
201(A), 2nd Floor, A wing, Crescenzo, C-38 & 39, G Block, Bandra-Kurla Complex, Mumbai, Maharashtra, India - 400 051
Email Id- [email protected]
Board line no.- 022 69209600 • Toll Free no.- 1800 2670 189
Fax no.- 022 69209 460/470 Website URL- www.barodabnpparibasmf.in
CIN no.- U65991MH2003PTC142972

HELP US TO KNOW YOU BETTER

Name of spouse Date of Birth D D M M Y Y Y Y

Name of Child (1) Date of Birth D D M M Y Y Y Y

Name of Child (2) Date of Birth D D M M Y Y Y Y

Your preferred language for communication :

Preferred mode of knowledge update : Classroom   E-Mail Call   Online

What does your family enjoy most doing together?

Travelling   Watching movies   Others, please specify

Are you active on Social Media? facebook   twitter   linkedin   whatsapp   others

What kind of holiday destination do you like? Beaches   Hill Station   Historical Places   Others

Your Hobbies :

Extracurricular activity, if any : would you like to share any special achievements in your family member?

What kind of support do you expect from Baroda AMIL to excel your performance?

Training on Capital Markets Products Selling Skills Presentation/Communication Skills Soft Skills Any other, please specify

Which sport do you like & why ?

Place:

Date:

Signature of the Distributor


Baroda BNP Paribas Asset Management India Private Limited
(Formerly BNP Paribas Asset Management India Private Limited)
201(A), 2nd Floor, A wing, Crescenzo, C-38 & 39, G Block, Bandra-Kurla Complex, Mumbai, Maharashtra, India - 400 051

TERMS AND CONDITIONS OF DISTRIBUTORSHIP 22. In line with the SEBI circular no. CIR/IMD/DF/21/2012 dated September 13, 2012 read with
AMFI guidelines number 135/BP/33/2012-13 dated December 31, 2012, the distributor and/
1. The statements made / information provided by the distributor in the Distributor Empanelment
or its employee/relationship manager/sales person/sub-distributor shall have Employee Unique
Form (‘Form’) and the declaration made therein read with these terms and conditions (“Terms
Identification Number (EUIN) and shall comply with relevant circulars/ guidelines, issued from
and Conditions”) shall be the basis of the contract between Baroda BNP Paribas Asset
time to time in this regard.
Management India Private Limited (“AMC”), the investment manager to Baroda BNP Paribas
Mutual Fund (“Mutual Fund”), and the distributor, and the distributor agrees to be legally bound 23. The Distributor shall do all such acts, deeds and things as may be necessary to conduct due
by the same. diligence on the customer profile and report any suspicious profile to AMC.
2. The distributor shall carry out such directions as may from time to time, be issued by AMC in this 24. The Distributor agrees to provide such assistance as may be required by the Registrar & Transfer
regard and same shall form an integral part of the terms & conditions. Agent - CAMS (Registrar)/AMC to redress investor complaints , including co-ordination with the
designated branches and the Registrar within five (5) days of the receipt of such complaint.
3. The appointment as the distributor will be at the sole discretion of the AMC and will be subject
The distributor further agrees that the AMC shall not be liable to redress any grievance of any
to written confirmation by AMC. The empanelment of the distributor will commence on the date
investor pertaining to the services rendered by such distributor to the investor.
stated in the empanelment letter issued by AMC. The distributor can distribute schemes with
effect from the date stated in the empanelment letter issued by the AMC. 25. Distributor shall ensure that the investor data is adequately protected. AMC shall provide data
only relating to transactions which are routed through such distributors.
4. Capitalized terms used herein but not defined in this Terms and Conditions will have the same
meaning as assigned to them in the respective Scheme Information Document/Statement of 26. SPECIAL TERMS AND CONDITIONS APPLICABLE TO NEW CADRE OF DISTRIBUTORS
Additional Information. (NCD) :
DECLARATION a) The NCD will comply with registration, renewal and self certification requirements as
prescribed by AMFI at all the given points of time.
5. The distributor agrees to abide by these Terms and Conditions and rules in force and changes
made to the Terms and Conditions from time to time. b) NCD agrees that he/she shall distribute only those schemes of the Mutual Fund which are
eligible for distribution by the NCD as notified by SEBI/AMFI. NCD agrees that it shall be
6. The distributor shall at all times conduct himself / herself with propriety and decorum and in
his/her responsibility and duty to update himself/herself about the notified schemes.
a manner which is not prejudicial to the interest of the AMC. If the AMC has reasons to feel
dissatisfied with the conduct of a distributor, his / her distributorship will be discontinued. c) Further, the AMC shall reject the transactions received through a NCD in schemes other
than eligible schemes with intimation to the investor.
7. The distributor agrees that he/she will not use any unethical means to sell, market or induce any
investor to buy units of the schemes of the Mutual Fund.The distributor agrees he/she will not d) NCDs are requested to note that selling of schemes other than eligible schemes shall be
directly or indirectly rebate/pass on the commission/ brokerage to investors and shall not attract/ viewed very seriously and appropriate penal action including termination of empanelment
induce investors by offering any rebate / gifts or any other benefits which are extraneous to the by the AMC and cancellation of the ARN by AMFI would be initiated.
schemes of Baroda BNP Paribas Mutual Fund.
27. The distributor shall be registered with National Institute of Securities Markets (NISM) with a
8. The distributor agrees to read and understand the Offer Document and any addendum / notice valid AMFI Registration Number (ARN) and shall satisfy all the requirements, including NISM
issued thereto of the respective scheme(s) carefully and explain the market risks, investment certification, prescribed by AMFI. All the employees of non-individual distributors engaged in
risks, investment objectives, and the special features of the schemes to the investors. The marketing and selling of Units of mutual funds shall possess a valid photo-identity card with
distributor will not make any representation concerning units or schemes except those contained the ARN of the distributor they represent. The distributor shall also comply with the relevant
in the Offer Document of the respective scheme(s), the Key Information Memorandum containing provisions of the guidelines/Code of Conduct issued by SEBI/NISM/AMFI from time to time.
Application Forms and printed information issued by the AMC as information supplemental to
28. The distributor shall comply with the provisions of the Securities and Exchange Board of India
such documents. In particular and without prejudice to what is stated above, the distributor shall
(Mutual Funds) Regulations, 1996 and guidelines issued by SEBI/AMFI from time to time
not make or give any representation, statement or warranty which is incorrect, incomplete or
pertaining to mutual funds with specific focus on regulations/guidelines on advertisements/sales
misleading (whether by reason of any omission to state a material fact or for any other reason).
literature and code of conduct for distributors and shall adhere to it at all times.
9. The distributor confirms not to design his/her own advertisement of the Schemes of Mutual Fund
29. The distributor agrees to comply with all applicable laws and regulations in respect of Know
unless he/she has obtained prior approval in writing from AMC.
Your Distributor (KYD) & Prevention of Money Laundering Act, 2002 (PMLA) as applicable to
10. The distributor shall not give any indicative portfolio and indicative yield in any communication, the distributor and shall maintain and retain records of the customer as per the provisions of
in any manner whatsoever with regards to the schemes of the Mutual Fund. Prevention of Money Laundering (Maintenance of Records) Rules, 2005 and SEBI circulars/
guidelines issued there to. Besides, the distributor shall ensure compliance with KYD & Anti
11. The distributor shall not receive cash on behalf of the AMC. The distributor is not authorized
Money Laundering requirements, if any, provided by the AMC to the distributor. The distributor
to issue any receipt for cash and demand drafts received along with the application form(s) on
agrees that the AMC reserves the right to call for any documents pertaining to the distributors’
behalf of the AMC.
clients that may be required by it for furnishing to any authority or a government agency like FIU,
12. The distributor undertakes and agrees to uphold all laws relevant to countering bribery and SEBI, RBI or its auditors in line with PMLA 2002.
corruption in all the jurisdictions in which it operates. The distributor and its personnel undertakes
The distributor agrees to assist the AMC in procuring and verifying all relevant information and
that it will not offer, promise, give or pay (either directly or through a third party) any financial
documents pertaining to the client, as per the requirements communicated by the AMC from
or other advantage, with the intention to induce or reward any person to improperly perform a
time to time, to comply with the Prevention of Money Laundering Act, 2002 and other related
function or activity that they are otherwise expected to perform in good faith, impartially or from
requirements stipulated by any statutory authority. The distributor shall make KYC mandatory
a position of trust. Further, the distributor and all its personnel confirm that they will not receive,
irrespective of the amount of investment for all its investors.
accept, or solicit (either directly or through a third party) the payment of any financial or other
advantage to improperly perform any function or activity required of the distributor under this Notwithstanding the above, in case of investments through SIP of upto Rs. 50,000/- per financial
agreement. year and micro investment i.e fresh purchase, additional purchase & SIP installments for amount
not more than Rs. 50,000/- per financial year and investors residing in the state of Sikkim shall
13. The distributor shall: (a) Order units of the schemes only from the Mutual Fund and (b) Not
be exempted from the requirement of PAN as prescribed by AMFI guidelines (on Uniform
withhold placing investor’s orders for the units so as to profit themselves as a result of such
Implementation of SEBI letter dated June 19, 2009 on exemption of PAN for SIP). Nevertheless,
withholding.
the distributor shall comply with the requirements of getting standard specified identification
14. The distributor agrees that any order received by the Mutual Fund shall be subject to final documents/instruments as mandated in the said AMFI guidelines. The term ‘investor’ for the
acceptance by the Mutual Fund. Further, the AMC / Mutual Fund shall not accept any conditional purpose of Micro-SIPshall mean individuals, minors and sole proprietary firms only.
order or subject to any delay or contingency prior to execution.
Notwithstanding the above, the distributor hereby undertakes to abide by all SEBI/AMFI/ other
15. The distributor agrees that this relationship is on a non-exclusive basis and is expressly governmental notification/ circulars/guidelines issued from time to time with regard to KYC
established subject to the AMC/Mutual Fund being allowed to appoint other distributors to sell norms, rules, procedures and practices.
the units of its scheme(s) or to sell units of its schemes directly to investors.
30. The distributor shall provide self certification in the prescribed format certifying compliance with
16. The distributor shall not distribute any sales, promotional or other literature prepared by the the provisions of the existing SEBI/AMFI guidelines/circulars, adherence to the Code of Conduct
distributor or agent or any third party unless the distributor obtains prior written approval from as prescribed by SEBI/AMFI for intermediaries of mutual funds and fulfilling the minimum
the AMC for such distribution. prescribed criteria regarding the number of investors and average assets under management
17. The distributor hereby agrees that the distributor shall solely be responsible for all acts of its at the end of every financial year to the AMC. If the said self certification is not provided, then
personnel/representatives/sub-agent(s), to the AMC/Mutual Fund and third parties. the brokerage will be suspended till the time of receipt of the certificate. Further, AMC reserves
the right to forfeit the said brokerage if the self certification is not received within the extended
18. The distributor hereby declares that it does not fall under any of the criteria mentioned in timelines in accordance with the AMFI guidelines/ circulars in this regard.
the SEBI circular number Cir/ IMD/ DF/13/ 2011 dated August 22, 2011. Subsequent to the
empanelment, if the distributor falls under any of the said criteria, the distributor shall intimate 31. (a) Applicable for individual distributors : An individual distributor shall have atleast 12
the AMC immediately and comply with the aforesaid SEBI circular. investors with the empanelling AMC within one year from the date of empanelment. Failing
this he / she shall give an undertaking to the AMC that he/she services atleast 25 investors
19. The distributor shall facilitate the unit holders/investors unfettered and unrestricted access to the across all mutual funds. Failing both the above, the distributor will not be entitled to receive
Mutual Fund / AMC and shall ensure that the unit holder’s rights are not restricted in any manner. brokerage fro the AMC on the mobilization done by him / her during the subsequent year,
20. The distributor shall not indulge in any malpractice / mi-selling while charging transaction until he/she complies with the above.
costs. Further, the distributor shall not split the investments in order to enhance the amount of (b) Applicable for non-individual distributors : Within one year of empanelment, if 75% or
transaction costs. more of the gross funds mobilized are from associates, then the distributor shall furnish an
21. The distributor shall disclose all commissions (in the form of trail commission or any other mode) undertaking stating that the non-individual distributor had serviced at least 200 investors
payable to it/them for the different competing schemes of various mutual funds from amongst other than associates and /or employees of the said associate during the said period. This
which the scheme is being recommended to the investor/client and shall also abide with the undertaking would form part of his /her annual self-certification as specified in clause 24
requirements of the SEBI circular no. SEBI/IMD/CIR No. 4/168230/09 dated June 30, 2009. herein above.
(c) Corporate distributor obtaining empanelment with AMC is required to have at least 100 publicity material brought out by him/ her has reproduced the logo of the AMC
investors from non-associates within one year of empanelment or have average assets or
under management of at least Rs. 1 crore with the AMC which are not from associates
(b) reproduced any advertisement whether in full or in part, issued by the AMC
(being subsidiary and holding companies) within the period of one year of empanelment.
without the prior authority of the AMC or
BROKERAGE
2) acts in any other manner prejudicial to the interest of the AMC or
32. The distributor is eligible for brokerage/commission on the business canvassed by him/her
(except on their own investment) under Plan A (Regular) plan of the schemes of the Mutual Fund 3) has not complied or does not comply with all applicable legislation, statutes,
at the rate/rates prescribed by the AMC at the commencement of the empanelment. Provided, ordinances, regulations, administrative rulings or requirement of law or any of the
however, that the rates being subject to revision at the discretion of the AMC, the distributor shall clauses of the Terms and Conditions specified herein and the changes made to the
be bound by such changes advised by the AMC from time to time. Terms and Conditions from time to time.

33. A distributor will not be entitled to any payment beyond the commission referred to above e) If found to have violated regulations, caused an act that can be termed as cheating,
whether for work done by him/her in connection with the distributorship, except marketing forgery, misselling, etc to investors and such misconduct have led to conclusion by AMFI
expenses, as may be agreed by AMC at is discretion. to suspend or terminate

34. The distributor shall not have any claim against the AMC / Mutual Fund / Trustee for any loss 46. Either party may be entitled to terminate this agreement (which shall also result in the termination
incurred by him/her as not anticipated and arising out of any revision in the rate(s) of the of the distributor’s enrolment as a distributor) at any time without assigning any reason by giving
commission/brokerage for funds mobilized by the distributor. not less than 15 business days advance notice to the other party.

35. To avail the facility of Direct Credit of brokerage payment, the distributor is required to enclose a 47. The empanelment of the distributor shall stand automatically terminated without any notice from
copy of cancelled cheque leaf for the records of AMC. AMC reserves the right to pay brokerage/ the AMC/Mutual Fund up on disqualification or withdrawal of regulatory/government approval
commission by cheque/demand draft even if the distributor has opted for direct credit brokerage. to act in the capacity contemplated herein. Upon any termination, the distributor shall forthwith
hand over all documents, papers and material pertaining to the AMC / Mutual Fund and/or
All payments to the distributor shall be subject to the relevant provisions of the Income TaxAct, belonging to the AMC/MutualFund.
1961and other applicable laws, if any.
NOMINATION FACILITY (Applicable only to individual distributors)
36. In case of application by non-individuals, a certified true copy of the relevant resolution or
authority to make the application as the case may be, alongwith a certified true copy of the 48. The AMC offers nomination facility to the distributor to enable the nominee to receive trail
Memorandum and Articles of Association/Bye-laws/Partnership Deed, a certified true copy of commissions on the business done before the demise of the distributor holding the ARN
the latest Audited Annual Accounts and Certificate of Registration should be submitted. provided the distributor has complied with the Terms and Conditions mentioned herein above.

37. In the event of excess payment of brokerage to the distributor, the AMC shall have the right CONFIDENTIALITY
to deduct and appropriate the excess amount from any amounts subsequently payable by the 49. The distributor recognises, accepts and agrees that all facts, data, customer databases and
AMC to the distributor. In the event that no subsequent amount is payable by the AMC to the information, manuals, details, material, guidelines and other information whatsoever which may
distributor, the distributor shall refund the same to the AMC within 30 days of demand by the be given or communicated to the distributor or its personnel or produced by or as a result of the
AMC. services rendered by the distributor pursuant to this agreement or to which the distributor or its
38. In case of termination of appointment of distributor as per clause 44 and 45 herein , the AMC personnel may be privy pursuant to or in connection with this agreement and/or in the course of
shall not pay any commission after termination of the appointment of the distributor for the performance of its services pursuant to this agreement shall be and remain the sole property of
business brought/funds mobilized by them for AMC before the termination. the AMC and shall be kept strictly private and confidential by the distributor and its personnel.

39. In case of non-compliance with any of the Terms and Conditions mentioned herein and/or non- 50. Neither Party shall (except in exercise of or in course of its duties hereunder or where required
compliance with any SEBI/AMFI guidelines, the AMC may suspend further business and pay-out to comply with legal obligations or executive, judicial, quasi-judicial or regulatory or statutory
of commissions etc. to the distributor until the same is complied with. Further, the AMC shall requirements) disclose to any third party any information relating to Business or the affairs of
forfeit brokerage payable to the distributor in case of non-compliance with the EUIN guidelines any other Party unless authorized in writing by such other Party, as the case may be, and shall
as prescribed by AMFI/SEBI. use all reasonable endeavors to prevent any such prohibited disclosures as aforesaid whether
by any of its officers, employees or agents or by anyone else.
INDEMNITY
GRIEVANCES
40. The distributor declares and covenants with the AMC, to defend, indemnify and hold the AMC
and its affiliates, promoters, successors in interest and permitted assigns harmless from and 51. In all grievances regarding payment of brokerage or any other matter, the distributor shall quote
against all claims, damages or assertions of liability of any kind or nature resulting from: its ARN and such other details as are necessary for expediting redressal of such grievances.
The distributor shall make all its grievances if any within 21 (twenty one) days from receipt of
a. Any breach or non-compliance by the Distributor of term, covenants and conditions or brokerage and the distributor shall not be entitled to make any grievance thereafter.
other provisions hereof, or offer document(s) or any actions or omissions thereunder;
DISPUTES
b. Any failure on part of the Distributor to comply with all applicable legislation, statutes,
ordinances, regulations, administrative rulings or requirement of law; 52. In respect of all disputes arising under this empanelment, the courts in Mumbai alone shall have
jurisdiction.
c. The misfeasance, malfeasance or fraudulent acts of the personnel / representative(s) of
the distributor; and MISCELLANEOUS

d. Any and all actions, suits, proceedings, assessments, settlement, arbitration judgments, 53. Any notice or other communication in connection with this agreement shall be in writing and shall
cost and expenses, including attorneys ‘fees, resulting from any of the matters set for the be addressed to the AMC/Mutual Fund or the distributor at their respective addresses mentioned
above. in this agreement or any other address in India which the concerned party has intimated to the
other party in accordance with the provisions of this agreement.
41. The distributor shall also protect and keep harmless and indemnify the AMC, Trustee and/or
the Mutual Fund from and against any and all direct, indirect costs, charges, loss, claim, cost, 54. It is clarified that these Terms and Conditions are on a principal to principal basis and does not
charges, expenses, damages, liabilities, awards, judgements, fines and actions of any nature and shall not constitute or deemed to constitute a partnership or joint venture or agency and
whatsoever which the AMC, Trustee and/or Mutual Fund may have to incur/suffer as a result of does not create and shall not be deemed to create any employer-employee or principal-agent
(a) the distributor not conforming to the instructions contained herein or which may be issued to relationship. Accordingly, the distributor and/or its personnel/representative(s) shall not have an
him/her from time to time by the AMC, (b) distributor making any representations, that are not authority to assume or create any obligation or responsibility on behalf of the AMC or bind the
based on information, documentation and/or literature provided by AMC/Trustee/Mutual Fund; AMC in any manner whatsoever. The distributor and/or its personnel/representative(s) shall not,
(c) wrongful, dishonest, criminal, fraudulent act or willful misconduct or gross negligence. be entitled to, by written or oral act, omission, word or deed make any statement on behalf of the
AMC or in any manner bind the AMC or hold out or represent that the distributor is representing
ASSIGNMENT AND LIMITATION OF LIABILITY or acting as an agent of the AMC. Save and except as may be expressly permitted by the AMC,
42. The distributor shall not undertake any obligation or incur any liability on behalf of the AMC nor the distributor and its personnel shall not use the name and/or trademark/logo of the AMC in any
in any way pledge the AMC’s credit. sales or marketing publication or advertisement, or in any other manner without the prior written
consent of the AMC. The activities of the distributor and its personnel/representatives shall not
43. The distributor shall not be entitled to assign, transfer, charge or in any manner make or create be construed to be activities of AMC.
any third party right or interest in this agreement or the distributor’s obligations, liabilities,
benefits or rights. 55. No failure or delay in exercising any right, power or privilege under this agreement by the AMC
shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or
44. The distributor will not have any lien or charge on the properties of the AMC/Trustee/Mutual privilege preclude any other or further exercise thereof, or the exercise of any other right, power
Fund in its possession. or privilege.
TERMINATION 56. If any provision of this agreement is held unenforceable, such provision will be modified to reflect
45. The empanelment of a distributor shall be liable to be terminated by the AMC forth with:- the parties intention. All remaining provisions of this agreement shall remain in full force.
a) If he/she is found to be a minor or adjudicated as an insolvent or found of unsound mind by 57. The AMC shall change, alter, amend, add to and/or delete any of the terms and conditions of this
a court of competent jurisdiction or is or has been in five years immediately preceding his/ agreement as appropriate from time to time.
her empanelment convicted by a criminal court for an offence involving moral turpitude.
I have read the above mentioned terms and conditions of the empanelment and agree to abide by
b) If in the course of any judicial proceeding it is found that he/she has knowingly participated the same.
in, or connived at, any fraud, dishonesty or misrepresentation against the AMC or any
unitholder of Mutual Fund . Place : __________________________
c) If the AMC is satisfied that any statement made in the Form was false or misleading or Date : __________________________
calculated to mislead.
Signature
d) If the AMC is satisfied that the distributor
1) has offered or continues to offer any kind of an incentive to the prospective investor
or Full name : Shri/Smt/Kum: ____________________________________________
(a) in any statement, hand bills, circular, promotional materials or any other form of

You might also like