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Constituents and Structure of Mutual Funds assets, etc.

So long as the income through management


Parties to Mutual Fund fees covers its expenses, an AMC is economically viable.

1. Investors Guidelines for the formation of AMC:

Every investor, given his/her financial position and a. An AMC should be headed by an independent non-
personal disposition, has a certain inclination to take interested and nonexecutive chairman.
risk. The hypothesis is that by taking an incremental
b. The managing director and other executive staff
risk, it would be possible for the investor to earn an
should be full time employees of AMC
incremental return.
c. Fifty per cent of the board of trustees of AMC should
Mutual fund is a solution for investors who lack the
be outside directors who are not in any way connected
time, the inclination or the skills to actively manage
with the bank.
their investment risk in individual securities. They
delegate this role to the mutual fund, while retaining d. The board of directors shall not be entitled to any
the right and the obligation to monitor their remuneration other than the sitting fees.
investments in the scheme.
e. The AMCs will not be permitted to conduct other
In the absence of a mutual fund option, the money of activities such as merchant banking or issue
such “passive” investors would lie either in bank management.
deposits or other ‘safe’ investment options, thus
depriving them of the possibility of earning a better 4. Trustees
return. Investing through a mutual fund would make Trustees are an important link in the working of
economic sense for an investor if his/her investment, any mutual fund. They are responsible for ensuring that
over medium to long term, fetches a return that is investors’ interests in a scheme are taken care of
higher than what would otherwise have earned by properly. They do this by a constant monitoring of the
investing directly. operations of the various schemes. In return for their
2. Sponsors services, they are paid trustee fees, which are normally
charged to the scheme.
Sponsor is the company, which sets up the Mutual
Fund as per the provisions laid down by the Securities 5. Distributors
Exchange Commission. SEC mainly fixes the criteria of Distributors earn a commission for bringing
sponsors based on sufficient experience, net worth, and investors into the schemes of a mutual fund. This
past track record. commission is an expense for the scheme. Depending
3. Asset Management Company (AMC) on the financial and physical resources at their disposal,
the distributors could be:
The AMC manages the funds of the various
schemes and employs a large number of professionals a) Tier 1 distributors who have their own or franchised
for investment, research and agent servicing. The AMC network reaching out to investors all across the country;
also comes out with new schemes periodically. It plays a or
key role in the running of mutual fund and operates b) Tier 2 distributors who are generally regional players
under the supervision and guidance of the trustees. An with some reach within their region; or
AMC’s income comes from the management fees, it
charges for the schemes it manages. The management c) Tier 3 distributors who are small and marginal players
fees, is calculated as a percentage of net assets with limited reach.
managed. The distributors earn a commission from the AMC.
An AMC has to employ people and bear all the 6. Registrars
establishment costs that are related to its activity, such
as for the premises, furniture, computers and other An investor’s holding in mutual fund schemes is
typically tracked by the schemes’ Registrar and Transfer
Agent (R & T). Some AMCs prefer to handle this role on through periodic repurchase at NAV related prices.
their own instead of appointing R & T. The Registrar or Fixed number of shares at one time.
the AMC as the case may be maintains an account of
1.3 Interval Funds
the investors’ investments and disinvestments from the
schemes. Requests to invest more money into a scheme Interval funds combine the features of open-
or to redeem money against existing investments in a ended and close-ended schemes. They are open for sale
scheme are processed by the R & T. or redemption during pre-determined intervals at NAV
related prices.
7. Custodian/Depository
2. Based on Investment Objective:
The custodian maintains custody of the
securities in which the scheme invests. This ensures an 2.1 Growth Funds
ongoing independent record of the investments of the
scheme. The custodian also follows up on various The aim of growth funds is to provide capital
corporate actions, such as rights, bonus and dividends appreciation over medium to long- term. Such schemes
declared by investee companies. At present, when the normally invest a majority of their corpus in equities.
securities are being dematerialized, the role of the Studies have shown that returns from stocks, have
depository for such independent record of investments outperformed most other forms of investments held
is growing. No custodian in which the sponsor or its over long term. (Baruan Varuan(1991), Obaidulla and
associates hold 50 percent or more of the voting rights Sridhar (1991), Adhikari and Bhosale (1994), Gupta and
of the share capital of the custodian or where 50 per Sehgal (1997), Sapar, Narayan R. and Madava, R. (2003),
cent or more of the directors of the custodian represent Rao, D. N. (2006)). Growth schemes are ideal for
the interest of the sponsor or its associates shall act as investors having a longterm outlook seeking growth
custodian for a mutual fund constituted by the same over a period of time.
sponsor or any of its associates or subsidiary company. 2.2 Income Funds
Types of Mutual Fund Schemes The aim of income funds is to provide regular
Mutual Fund schemes may be classified on the basis of and steady income to investors. Such schemes generally
its structure and investment objective. invest in fixed income securities such as bonds,
corporate debentures and Government securities.
1. BASED ON STRUCTURE Income Funds are ideal for capital stability and regular
income.
1.1 Open-ended Funds
2.3 Balanced Funds
An open-ended fund is one that is available for
subscription all through the year. These do not have a The aim of balanced funds is to provide both
fixed maturity. Investors can conveniently buy and sell growth and regular income. Such schemes periodically
units at Net Asset Value (NAV) related prices. The key distribute a part of their earning and invest both in
feature of open-end schemes is liquidity. equities and fixed income securities in the proportion
indicated in their offer documents. In a rising stock
1.2 Closed-ended Funds
market, the NAV of these schemes may not normally
A closed-ended fund has a stipulated maturity keep pace, or fall equally when the market falls. These
period which generally ranges from three to fifteen are ideal for investors looking for a combination of
years. The fund is open for subscription only during a income and moderate growth.
specified period. Investors can invest in the scheme at
2.4 Money Market Funds
the time of the initial public issue and thereafter they
can buy or sell the units of the scheme on the stock The aim of money market funds is to provide
exchanges where they are listed. In order to provide an easy liquidity, preservation of capital and moderate
exit route to the investors, some close-ended funds give income. These schemes generally invest in safer short-
an option of selling back the units to the Mutual Fund term instruments such as treasury bills, certificates of
deposit, commercial paper and interbank call money.
Returns on these schemes may fluctuate depending A sector fund will have portfolio constraints
upon the interest rates prevailing in the market. These requiring the portfolio manager to choose investment
are ideal for corporate and individual investors as a securities for the fund that fall within the fund’s
means to park their surplus funds for short periods. targeted objective. The investment manager will not be
allowed to invest in any other sectors per the mandate
of the firm. If the strategy of the fund is to change, the
investment manager has to notify the investors, as they
may be investing in the fund/sector as part of a broader
3. Other Schemes portfolio strategy.
3.1 Tax Saving 3.5 Exchange Traded Funds
Mutual Funds companies, which are registered Exchange Traded Funds, (ETF) just like their
as non-bank financial intermediaries with quasi-banking index fund counterparts, also track indexes. The
functions are subject to 7% gross receipt tax (GRT) on difference is that the stocks of individual companies
the trading gains on foreign currency, debt securities, that comprise a given index are bundled into an equity-
derivatives and other similar financial instruments like investment vehicle that is traded on an exchange,
under Section 121 of NIRC of 1997, as amended, while exactly like a stock. That means that those purchasing
those without quasi-banking functions are subject to 5% ETF shares can place orders for them throughout the
GRT under Section 122 of the same Code. Tax-planning day, and even use limit orders to make trades. Because
funds cater to the investors' need of minimizing tax they are traded on an exchange and share many of the
burden on the returns from investments. attributes of individual equities, ETFs can also be
Moreover, gains realized by investors from the shorted and offer underlying options as an investment
redemption of their shares of stock in a Mutual Fund opportunity.
company are not included in their gross income, and are Mutual Funds in the Philippines Brief History of
therefore exempt from tax in accordance to Section Mutual Funds in the Philippines
32(B)(7)(h) of the NIRC as amended. The current rules
on taxation of trusts are embodied in BIR Ruling No. Similar to the concept of Filipino tradition
00305 as of July 22, 2005. Bayanihan which promotes efficiency in getting tasks
done through a collective effort, a mutual fund is an
investment company that pools money form
3.2 Industry Specific shareholders and invest in a diversified portfolio of
securities
Industry Specific Schemes invest only in the industries
specified in the offer document. The investment of The birth of Philippine mutual funds was
these funds is limited to specific industry. brought about by the growing popularity of off-shore
funds worldwide. In the absence of a governing law, the
companies were registered as finance companies. Some
3.3 Index capitalized on long-term investment programs which
made their investors commit to a fixed payment scheme
Index Funds attempt to replicate the (Php 50 per month for a period of 20 years). The initial
performance of the Philippine Stock Exchange (PSEi). It amount invested for the first year served as the
is a long-term investment outlet that allows you to commission, thus, forcing investors to make successive
diversify your money in a mix of domestic stocks. payments thereafter before they would be able to
break-even, much more so, realize a profit. Some of
3.4Sectoral Funds
these companies charged exorbitant sales charges of
Sectoral Funds are those, which invest 8%. A fund even charged a front-end load of 50%.
exclusively in a specified industry or a group of
Simultaneous with the collapse of the stock
industries or various segments such as Initial Public
market in the late 1950s, Ka Doroy Valencia (very
Offerings.
popular and influential columnist at that time) openly
criticized the process by which mutual funds were being 2) deteriorating political and economic
sold and managed. Three of the four companies which condition of the country;
were operating at that time eventually closed shop.
3) the absence of alternative investment
Only the Filipinas Mutual Fund remained. It was later
vehicles; and 4) an undeveloped equity market.
transformed into a finance company and much later,
into a development company. In the late 1980s, recognizing the increasing
role of mutual funds as a vital ingredient for the
As a response to the fiasco of the first mutual
development of Capital Markets, the Asian
funds, the government enacted R.A. 2629, otherwise
Development Bank, through Jardines, initiated a study
known as the Investment Company Act. Patterned after
on mutual funds. In 1989, the SEC, in its effort to revive
the U.S. Law but legislated as a reaction to the recent
the mutual fund industry established a taskforce for to
debacle, the ICA contained stringent measures which
oversee the formulation of the Implementing Rules and
hampered the development of the industry in general.
Regulations (IRR) of the Investment Company Act. The
Under the said law, Trinity Shares was the first resulting IRR was promulgated on October 1989 and
company to register in August 1969 and began selling its took effect 90 days later.
shares publicly in October of the same year. In a span of
The IRR changed the existing provisions of the
4 months, the company opened 11 branches, doubling
said law, increasing paid-up capital from Php 500,000 to
its sales each month and its value appreciated to as
Php 50,000,000, adding a 24-month hold out, and
much as 27% in the 4th quarter. Mr. Arthur B. Sokolow,
increasing required audits to four per annum. All of
the prime mover behind the fund, was able to convince
these provisions were intended to protect the interests
Ka Doroy not only to invest in the new fund, but also to
of the investors and shareholders.
sit as director. Trinity's success led to the registration of
other funds, such as the Pacific and Malayan Funds Under the new IRR, the Galleon Fund (again
owned by Alfonso Yuchengco and Ting Roxas' Bancom. sponsored by Mr. Arthur B. Sokolow) was the 1st
company to register and started selling its shares in Feb.
While such companies continued to thrive, the
1, 1991. A few other investment companies followed
equity market remained thin. This was further
suit, and the numbers have increased ever since.
aggravated by the political instability brought about by
the dawning dictatorial regime, punctuated by the “1st Within a few years from this new beginning,
quarter storm”. Eventually, this led to capital flight and the investment climate was not as rosy as the Asian
a 30% dive by the Manila Stock Exchange. Given the financial crisis took its toll on the budding industry.
heavy dependence of industry to the latter, mutual However, the stability of the Philippine Mutual Fund
funds, part or all equity, thrive or die with the stock Industry has a much better chance at this time. The
market. The absence of other investment outlets level of professionalism is much higher. The necessary
limited the sense of diversification of funds then. As a controls and regulations exist. Consequently, this
result, the Securities and Exchange Commission totally period puts all the players to test, and it is with utmost
banned the sale of mutual funds in 1973. confidence that Philippine Mutual Funds will be here to
stay.
This death blow to the mutual fund industry led
Trinity Shares, Malayan and Pacific Fund to stop
operations. To date, Pacific and Malayan remain
dormant. Trinity

Shares was acquired by PDCP in 1979 and was


eventually bought by Philamlife in 1993.

Evidently, the failure of the mutual fund


industry decades ago can be attributed to the following
factors:

1) lack of government regulation;

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