DPMSForm FINAL
DPMSForm FINAL
MANAGEMENT SERVICES
Client Name
Channel Partner
/ Distributor
Relationship Manager
Client Code
Service RM
Location
Registered Office: Road No. 16V, Plot No. B-23, Thane Industrial Area, Wagle Estate, Thane - 400604
Correspondence/Corporate Office Address: Hubtown Solaris, Office No. 1, Ground Floor, NS Phadke Marg, Vijay Nagar,
Andheri East Mumbai – 400069
Tel : (+91-22) 4007 1000 E-mail : clientservices@iifl.com Website : www.iiflcapital.com
IMPORTANT NOTES
• Aadhar No. masking is mandatory. Only last four digit should be visible.
• Name and address of the applicant mentioned on the KYC form, should match with the documentary proof submitted.
• If correspondence & permanent addresses are different, then proofs for both have to be submitted.
• If the cancelled cheque copy is provided as bank proof, then name should be pre-printed on the cheque leaf, else, please provide last
three months bank statement as bank proof.
PAN-Mandatory (KARTA) 2
Address Proof-KARTA (anyone-Aadhaar/Passport/Driving license) 2
Address Proof-HUF (latest Bank statement-should not be older than 2 months) 2
HUF
HUF Bank Proof (personalized cancelled cheque-either original or self-attested copy) 1
HUF Declaration (mandatory-as per Depository Participant (DP) format
1
provided)
HUF Authority letter (declaration) in PMS (Mandatory as per PMS format) 1
Note: Above all documents need to be originally self-attested with HUF seal &
complete IPV from CP
Recent Passport Size Photograph of Authorised Signatory / Partners 3
Pan card & address proof of the Company/Partnership 2
Memorandum of Association (MOA)/Articles of Association (AOA)/Certificate of
Incorporation/
Certificate of Commencement of Business. All certificates to be attested on the
2
first and last page (Mandatory for Public Ltd co)
Print out of the document available on the website of Ministry of Corporate
2
Affairs (MCA), reflecting the company master data and the list of signatories
Corporate Audited balance sheet & profit loss statement of Iast 2 years 2
(Pvt. Ltd. /
Personalized Cancelled cheque of the company- either original or photocopy
Ltd. / LLP I 1
duly self - attested
Partnership
firm KYC documents (PAN/Aadhaar/POA) of shareholders whose holding more than
2
10% in the company & more than 10%, in case of partnership
LLP Deed with Certificate of Registration/Incorporation 2
Board Resolution for Custody and PMS (To be on letterhead & signed/seal by
minimum 2 whole time directors/Company Secretary/ Managing Director) 2
(Date of signing of the Board resolution should not be older than 6 months)
Verified by
Type of No. of copies Zonal Team
Documentary Evidence
Category required Please mark
(Yes or No)
List of Partners/ list of authorised Partners, along with profit sharing per cent &
specimen signature (Mandatory to be on letterhead & pre- printed & signed by all 2
partners) for partnership
Declaration for opening demat a/c in Partnership firm (mandatory to be on
1
letterhead & signed by all partners)
Resolution/Authorization letter in PMS for Partnership firm (mandatory to be on
1
letter head & signed by all partners)
Recent Passport size photograph of the Authorised Trustees 3
Pan card & address proof of the Trust 2
Pan card & address proof of all Trustees & Authorised signatories (trustees) 2
Audited balance sheet & profit loss statement of Iast 2 years 2
Personalized Cancelled cheque of the company - either original or photocopy
1
required
Trust
KYC documents (PAN/Aadhaar/POA) of beneficiary/settlor/trustee whose holding
2
is more than 10%
Trust Deed with Certificate of registration (in case of registered trust) 2
Trust Resolution for Custody and PMS (Mandatory to be on letter head & signed by
2
all trustees & pre-printed)
List of Trustees, List of Authorised Signatories/Trustees with specimen signatures
2
(Mandatory to be on letterhead & signed by all trustees & pre-printed)
Recent Passport size photograph 6 (Holder wise)
Clear copy of Pan Card 3
Clear copy of Passport with signature page 3
Latest immigration stamp page Entry to India (latest from last 6 months) 3
Latest Visa Copy 3
PIO card or OCI card - require in case of PIO holders 3
5 Photographs of A/c holder - (it should be affixed in the form & signed across) 5
Cancelled cheque copy of the Non PIS bank account NRE and NRO 3
Investment Cheque in favour of Client name only 3
Nominee Proof Any One (Pan / Passport copy) 3
Indian Address proof required - (Any One) 3
Aadhaar 3
NRI
Individual Passport copy 3
Driving license 3
Latest Utility bill not older than 2 months 3
Latest Bank statement not older than 3 months 3
Overseas / Abroad Address proof (Any One)
Latest bank statement not older than 3 months 3
Latest utility bill not older than 2 months (Landline, electricity, water) 3
Valid copy of driving license 3
OCI card with address page 3
Valid resident Card with address page 3
For Seafarer • CDC (Continuous discharge certificate) booklet copy, latest
3
discharge stamping (compulsory) and Latest contract copy
Name [ ]
Name of Father /
Spouse / Guardian [ ] Mother’s Maiden Name [ ]
Nationality [ ] Citizenship [ ]
Status of
First Applicant Resident NRE NRO Minor
Please tick as
applicable Politically Exposed Person (PEP)* Related to Politically Exposed Person (RPEP)*
Not Applicable
Financial Status
(Annual Income) < Rs. 10 Lacs Rs. 10 Lacs to < Rs. 25 Lacs Rs. 25 Lacs to < Rs. 1 Crore
Rs. 1 Crore to < Rs. 10 Crores = > 10 Crores
Email Id Email Id
[ ] [ ]
Mobile No. provided pertains to Self Family Member (Note: If Email pertains to Family Member please select any one) Spouse Dependent Parents Dependent Children
Email ID provided pertains to Self Family Member (Note: If Email pertains to Family Member please select any one) Spouse Dependent Parents Dependent Children
Details of any action taken by SEBI/Stock Exchange/any other authority for violation of securities laws/ other economic offences :
No Yes (Details to be attached)
Name of the DP [ ]
DP ID [ ] Client ID [ ]
(Kindly attach photocopies of the TIFD's) / Client Master & Demat Holding Statement
Attach additional Sheets, if required
I/We wish to transfer the securities from our depository account, as per annexure / details above for investment in
the above portfolio.
I/We understand that:
• The securities transfer request should be accompanied / preceded with Portfolio Management Services agreement & all other relevant
documents.
• The securities have to be transferred from the depository accounts having Resident / Non-Resident status & from that of the
applicants only.
• The securities received would be valued at the date of receipt of the securities for accounting purposes.
• The securities which are not saleable due to those being untraded / unlisted would be returned to my/our depository account in due
course.
• The payment for the difference between the amount realized and the minimum amount for the above Portfolio would require to be
made by me/us separately.
• If the total amount received by you (value of securities received plus the additional funds received) does not meet the minimum
investment amount criteria for the above product/scheme/portfolio or if the documents received by you are not in order, then the
application may be rejected at my/our risk, expenses and consequences and you will not be held liable for any loss on account of this.
Name [ ]
Name of Father /
Spouse / Guardian [ ] Mother’s Maiden Name [ ]
Nationality [ ] Citizenship [ ]
Status of
Second Applicant Resident NRE NRO Minor
Please tick as
applicable Politically Exposed Person (PEP)* Related to Politically Exposed Person (RPEP)*
Not Applicable
Financial Status
(Annual Income) < Rs. 10 Lacs Rs. 10 Lacs to < Rs. 25 Lacs Rs. 25 Lacs to < Rs. 1 Crore
Rs. 1 Crore to < Rs. 10 Crores = > 10 Crores
Email Id Email Id
[ ] [ ]
Mobile No. provided pertains to Self Family Member (Note: If Email pertains to Family Member please select any one) Spouse Dependent Parents Dependent Children
Email ID provided pertains to Self Family Member (Note: If Email pertains to Family Member please select any one) Spouse Dependent Parents Dependent Children
Details of any action taken by SEBI/Stock Exchange/any other authority for violation of securities laws/ other economic offences :
7
DISCRETIONARY PORTFOLIO
MANAGEMENT SERVICES
Name [ ]
Name of Father /
Spouse / Guardian [ ] Mother’s Maiden Name [ ]
Nationality [ ] Citizenship [ ]
Status of
Third Applicant Resident NRE NRO Minor
Please tick as
applicable Politically Exposed Person (PEP)* Related to Politically Exposed Person (RPEP)*
Not Applicable
Financial Status
(Annual Income) < Rs. 10 Lacs Rs. 10 Lacs to < Rs. 25 Lacs Rs. 25 Lacs to < Rs. 1 Crore
Rs. 1 Crore to < Rs. 10 Crores = > 10 Crores
Email Id Email Id
[ ] [ ]
Mobile No. provided pertains to Self Family Member (Note: If Email pertains to Family Member please select any one) Spouse Dependent Parents Dependent Children
Email ID provided pertains to Self Family Member (Note: If Email pertains to Family Member please select any one) Spouse Dependent Parents Dependent Children
Details of any action taken by SEBI/Stock Exchange/any other authority for violation of securities laws/ other economic offences :
No Yes (Details to be attached)
DECLARATION
Having read and understood the contents of the disclosure documents, I/We hereby request you to register me/us as you client and in this
regard have furnished the above information. I/We hereby declare that the particulars given herein are correct and complete and I/we
undertake to inform you of any changes therein immediately in writing. In case of any of the above information is found to be false or untrue
or misleading or misrepresenting, I am/we are aware that I/we may be held liable for it.
I/We hereby declare that I/we shall not act in the capacity of Sub-Broker / Agent and all the transactions entered into will be on my/ our own
account. I/We agree to abide by the Terms and Conditions, Rules and Regulations as stipulated in the PMS Agreement.
I/We hereby declare that the amount given by me/us to you for investing on my/our behalf is through legitimate sources only and does not
involve and is not designed for the purpose of contravention or evasion of any Act, Rules, Regulations, Statute, Legislation, Notifications or
Directions including Provisions of Income Tax Act, 1961, Prevention of Money Laundering Act, 2002, or any other applicable laws enacted
by the Government of India or statutory authority from time to time.
I/We hereby request you to treat the proceeds of the Demand Draft / Banker’s Cheque / Third Party Cheque or Funds / Securities Transfer,
if any proceeds from my/our behalf. I/We agree to indemnify you in the event of any claim/loss that may arise.
I/We undertake to produce all such documents as may be necessary to satisfy the compliance under Anti Money Laundering Act and
Regulations, should be same be required by any Regulatory Authority at a future date. Incase of Non-Resident Indians, I/We confirm that I
am/we are non-residents of Indian Nationality / origin and I/we have entered into the PMS agreement as per FEMA Rules and Regulations,
which are in force, from time to time.
NOMINATION DETAILS
I/We do not wish to nominate anyone.
I/We wish to nominate as under :
I /We am furnishing herewith the details for availing of the nomination facility for my investments in the Portfolio Management Services
offered by the AMC in accordance with the existing laws. I/we hereby appoint the person(s) mentioned below to receive all the amounts /
securities to my / our credit on my / our death:
Nominee - 1
Name of Nominee Nominee Percentage %
Guardian’s Name *DOB
(If Nominee is Minor)
PAN No:
Nominee / Guardian
City Pin
Address
State Guardian’s Signature
Nominee’s Relationship with the 1st Applicant (If Nominee is Minor)
Nominee - 2
Name of Nominee Nominee Percentage %
Guardian’s Name *DOB
(If Nominee is Minor)
PAN No:
Nominee / Guardian
City Pin
Address
State Guardian’s Signature
Nominee’s Relationship with the 1st Applicant (If Nominee is Minor)
Nominee - 3
Name of Nominee Nominee Percentage %
Guardian’s Name *DOB
(If Nominee is Minor)
PAN No:
Nominee / Guardian
City Pin
Address
State Guardian’s Signature
Nominee’s Relationship with the 1st Applicant (If Nominee is Minor)
To,
IIFL Capital Services Limited (Formerly known as IIFL Securities Limited)
Hubtown Solaris, Office No 1,
Ground Floor, NS Phadke Marg, Vijay Nagar,
Andheri East Mumbai – 400069
I / We hereby confirm that I / We do not wish to appoint any nominee(s) for my / our PMS Accounts as well as all Investments made the under
including mutual funds and understand the issues involved in non-appointment of nominee(s) and further and aware that in case of death of
all the account holder’s, my / our legal heirs would need to submit all the requisite documents issued by Court or other such competent
authority, based on the value of assets held in PMS Account.
# To include all countries other than India, where investor is Citizen/Resident/Green Card Holder/Tax Resident in those
respective countries especially of USA.
^ In case tax identification number is not available, kindly provide its functional equivalent.
FATCA DECLARATION
Name [ ]
[ ] [ ]
[ ] [ ]
[ ] [ ]
City State Financial Status (Gross Annual Income)
[ ] [ ] < Rs. 10 Lacs Rs. 10 Lacs < Rs. 25 Lacs
Phone Mobile No. Rs. 25 Lacs to < Rs. 1 Crore Rs. 1 Crore to < Rs. 10 Crores
[ ] [ ] => Rs. 10 Crore
Net Worth (should not be older than 1 year)
Contact Person
[ ]
[ ]
Designation
[ ]
Email ID’s for receiving all correspondence (including monthly reports)
1)
2)
Details of any action taken by SEBI/Stock exchange/any other authority for violation of securities laws / other economic offences :
Name of Bank [ ]
[ ] [ ] [ ]
Please note : If correspondence and registered address are different then proof for both has to be submitted.
(Kindly attached photocopies of the TIFDs) / Client Master & Demat Holding Statement
Attach Additional Sheets, if Required
I/We wish to transfer the securities from our depository account, as per annexure / details above for investment in the above portfolio.
I/We understand that:
• The securities transfer request should be accompanied / preceded with Portfolio Management Services agreement and all other
relevant documents.
• The intimation for the securities transfer, with full details, is to be made atleast five days prior to the execution date.
• The securities have to be transferred from the depository accounts having Resident / Non-Resident status and from that of the
applicants only.
• The securities received would be valued at the date of receipt of the securities for accounting purposes.
• The securities which are not saleable due to those being untraded / unlisted would be returned to my/our depository account in due
course.
• The payment for the difference between the amount realized and the minimum amount for the above Portfolio would require to be
made by me/us separately.
• If the total amount received by you (value of securities received plus the additional funds received) does not meet the minimum
investment amount criteria for the above product/scheme/portfolio or if the documents received by you are not in order, then the
application may be rejected at my/our risk, expenses and consequences and you will not be held liable for any loss on account of this.
1 Name
Designation
Residential Address
Please affix
Photograph
Phone : Mobile :
PAN
Date of Birth
Signature
2 Name
Designation
Residential Address
Please affix
Photograph
Phone : Mobile :
PAN
Date of Birth
Signature
3 Name
Designation
Residential Address
Please affix
Photograph
Phone : Mobile :
PAN
Date of Birth
Signature
DECLARATION
Having read and understood the contents of the disclosure documents, I/We hereby request you to register me/us as you client and in this
regard have furnished the above information. I/We hereby declare that the particulars given herein are correct and complete and I/we
undertake to inform you of any changes therein immediately in writing. In case of any of the above information is found to be false or untrue
or misleading or misrepresenting, I am/we are aware that I/we may be held liable for it.
I/We hereby declare that I/we shall not act in the capacity of Sub-Broker / Agent and all the transactions entered into will be on my/ our own
account. I/We agree to abide by the Terms and Conditions, Rules and Regulations as stipulated in the PMS Agreement.
I/We hereby declare that the amount given by me/us to you for investing on my/our behalf is through legitimate sources only and does not
involve and is not designed for the purpose of contravention or evasion of any Act, Rules, Regulations, Statute, Legislation, Notifications or
Directions including Provisions of Income Tax Act, 1961, Prevention of Money Laundering Act, 2002, or any other applicable laws enacted
by the Government of India or statutory authority from time to time.
I/We hereby request you to treat the proceeds of the Demand Draft / Banker’s Cheque / Third Party Cheque or Funds / Securities Transfer,
if any proceeds from my/our behalf. I/We agree to indemnify you in the event of any claim/loss that may arise.
I/We undertake to produce all such documents as may be necessary to satisfy the compliance under Anti Money Laundering Act and
Regulations, should be same be required by any Regulatory Authority at a future date. Incase of Non-Resident Indians, I/We confirm that I
am/we are non-residents of Indian Nationality / origin and I/we have entered into the PMS agreement as per FEMA Rules and Regulations,
which are in force, from time to time.
KNOW YOUR (KYC), FATCA, CRS & ULTIMATE BENEFICIAL OWNERSHIP (UBO) SELF CERTIFICATION FORM
NON-INDIVIDUALS (please seek appropriate advice from your professional tax advisor on your residency and related FATCA and CRS guidance)
PAN
^In case Tax Identification Number is not available, kindly provide its functional equivalent.
In cas TIN or its functional equivalent is not available, please provide Company Identification number or Global Equity Identification Number or GIIN, etc. In case the
Country of Incorporation / Tax residence is U.S. but Entity is not a specified U.S. person, mention Entity exemption code here:
1: Category
In case of Listed Company provide the further :
1) Name of the Stock Exchange where it is listed:
2) Security ISIN :
3) Name of the Listed Company (applicable if the investor is subsidiary / associate):
Listed Company Unlisted Company Partnership Firm/LLP Unincorporated association / body of individuals
Public Charitable Trust Private Trust Religious Trust Trust created by Will
Others (please specify)
Interest#. >15% controlling interest >15% controlling interest >15% controlling interest
>25% controlling interest >25% controlling interest >25% controlling interest
NA. (for SMO) NA. (for SMO) NA. (for SMO)
UBO / SMO
Country of Tax
Residency#.
UBO / SMO
Taxpayer
Identification
Number
Equivalent ID
Number#.
SMO Designation
We are falling under “Non-profit Organization” which has been constituted for religious or charitable purposes Yes
referred to in clause (15) of section 2 of the Income-tax Act, 1961 (43 of 1961), and is registered as a trust or a society No
under the Societies Registration Act, 1860 (21 of 1860) or any similar State legislation or a Company registered under
the section 8 of the Companies Act, 2013 (18 of 2013)
If yes, please quote Registration No, of Darpan portal of Niti Aayog
If not, please register immediately and confirm with the above information. Failure to get above confirmation or registration with the portal
as mandated, wherever applicable will force Portfolio Manager / AMC / Alternative Investment Funds (AIFs) to register your entity name in
the above portal and may report to the relevant authorities as applicable. I/We am/are aware that we may be liable for it for any fines or
consequences as required under the respective statutory requirements and authorize you to deduct such fines/ charges under intimation to
me/us or collect such fines/charges in any other manner as might be applicable.
As per PMLA guidelines and relevant SEBI circulars issued from time to time, non-individuals and trusts are required to provide details of
controlling persons [CP] / ultimate beneficiary owner [UBO] and submit appropriate proof of identity of such CPs/ UB0s. The beneficial
owner has been defined in the circular as the natural person or persons, who ultimately own, control or influence a client and/or persons on
whose behalf a transaction is being conducted and includes a person who exercises ultimate effective control over a legal person or
arrangement.
(i) The identity of the natural person, who, whether acting alone or together, or through one or more juridical person, exercises
control through ownership or who ultimately has a controlling ownership interest. Controlling ownership interest means
ownership of/entitlement to:
- more than 10% of shares or capital or profits of the juridical person, where the juridical person is a company.
- more than 10% of the capital or profits of the juridical person, where the juridical person is a partnership.
- more than 10% of the property or capital or profits of the juridical person, where the juridical person is an unincorporated
association or body of individuals.
(ii) In cases where there exists doubt under clause (i) above as to whether the person with the controlling ownership interest is the
beneficial owner or where no natural person exerts control through ownership interests, the identity of the natural person
exercising control over the juridical person through other means like through voting rights, agreement, arrangements or in any
other manner.
(iii) Where no natural person is identified under clauses (i) or (ii) above, the identity of the relevant natural person who holds the
position of senior managing official.
The identity of the settler of the trust, the trustee, the protector, the beneficiaries with 10% or more interest in the trust and any other
natural person exercising ultimate effective control over the trust through a chain of control or ownership.
The client or the owner of the controlling interest is a company listed on a stock exchange or is a majority-owned subsidiary of such a
company, there is no need for identification and verification of the identity of any shareholder or beneficial owner of such companies
and hence exempted from UBO declaration provided other requisite information is provided. Intermediaries dealing with foreign
investors’ viz., Foreign Institutional Investors, Sub Accounts and Qualified Foreign Investors, may be guided by the clarifications issued
vide SEBI circular CIR/MIRSD/11/2012 dated September 5, 2012 and other circulars issued from time to time, for the purpose of
identification of beneficial ownership of the client.
D. KYC requirementrs
Beneficial Owner(s)/Senior Managing Official (SMO) is/are required to comply with the prescribed KYC process as stipulated by SEBI
from time to time with any one of the KRA & submit the same to AMC. KYC acknowledgement proof is to be submitted for all the
UBO(s) / SMO(s)
FATCA DECLARATION
(i) Under penalty of perjury, I certify that:
1. The applicant is (i) an applicant taxable as a US person under the laws of the United States of America (“U.S.”) or any state or political
subdivision thereof or therein, including the district of Columbia or any other states of the U.S., (ii) an estate the income of which is
subject to U.S. federal income tax regardless of the source thereof. (This clause is applicable only if the account holder is Identified
as a US person) or
2. The applicant is taxable as a tax resident under the laws of country outside India. (This clause is applicable only if the account holder
is a tax resident outside of India)
(ii) I understand that the IIFLCSL is relying on this information for the purpose of determining my status in compliance with FATCA/ CRS.
The IIFLCSL is not able to offer any tax advice on FATCA/CRS or its impact. I shall seek advice from professional tax advisors for any tax
questions.
(iii) I agree to submit a new form within 30 days if any information or certification on this form becomes incorrect.
(iv) I agree that as may be required by domestic regulators/tax authorities the IIFLCSL may also be required to report reportable details to
CBDT or close or suspend my account.
(v) I certify that I provide the information on this form and to the best of my knowledge and belief the certification is true, correct, and
complete including the taxpayer identification number/functional equivalent number of the applicant.
(vi) I certify that I have provided the information on this Form to the best of my knowledge and belief and the certification is true, correct,
and complete including the taxpayer identification number / functional equivalent number of the Applicant. I am further aware that as
per the Union Budget, 2023, a penalty of Rs.5,000 per account holder shall be levied for furnishing inaccurate statement of financial
transaction owing to false or inaccurate self-certification submitted by me under FATCA/CRS
5. What has been your general investment preference? 0-110 0-110 111-240 361-440
7. How long until you would need to liquidate, partially or completely, the money you are planned to invest and need access to it?
a) Less than one year b) Between one to three years
c) Between three to five year d) Between More than 5 years
9. In the event that the market drops 25% in just three months, how would you react?
a) Exit my investments completely
b) Exit my riskier assets even at a loss and put the money into safer assets.
c) Hold all my investments and sell nothing, waiting for conditions to improve
d) Invest more capital and lower my average purchase price
10. Which of the following statements would be representative of your risk appetite ?
a) I do not want my investment to lose value ,even if this means it takes longer to achieve my investment goals
b) I can tolerate small fluctuations in my portfolio value in order to achieve my investments goals
c) I can tolerate moderate fluctuations in my portfolio value in order to achieve my investments goals
d) I can tolerate extreme fluctuations in my portfolio value in order to achieve my investments goals
11. How would you prefer to invest your money to meet future investment objectives?
a ) FD & Bonds
b ) Equity Shares, Mutual fund & Alternatives
c ) Real Estate , Gold and Silver
d ) Blended Portfolio Mix – Combination of Equities, Real Estate & Commodities
To,
IIFL Capital Services Limited (Formerly known as IIFL Securities Limited)
Correspondence/Corporate Office Address: Hubtown Solaris, Office No 1,
Ground Floor, NS Phadke Marg, Vijay Nagar,
Andheri East Mumbai – 400069
Dear Sir/Madam,
I/We confirm and agree that though my risk score aggregated , the decision to invest into
IIFL Capital Services Limited (Formerly known as IIFL Securities Limited) Portfolio Management Services has/have taken by me/we only
after reading and having understood all the risk factors mentioned in the Agreement and Disclosure document. I/We hereby confirm that
such an investment is in accordance with my/our needs and I/We am/are investing in the scheme
basis my/our own professional skills & my/our own assessment of the risks involved in the Portfolio.
POWER OF ATTORNEY
TO ALL TO WHOM THESE PRESENTS SHALL COME I/We, Mr./ In order to facilitate the provision of the Service by the Portfolio
Ms. Manager to the Client, the Client wishes to appoint the Portfolio
Manager as its lawful attorney on the terms and ...
an Individual, Partnership firm, Company, Limited Liability NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH that,
Partnership (LLP), Karta of a Hindu Undivided Family, Trust, the Client who is a signatory to this Power of Attorney does hereby
Governing body of a Society (hereinafter referred to as the irrevocably and unconditionally nominate, constitute, appoint and
“Client” which expression shall, unless the context otherwise authorize the Portfolio Manager to act through any of the officers,
requires, be deemed to include his/ her/ its successors, authorized to act as such by the Portfolio Manager to be the
administrators, executors, and assigns) son/ daughter/ wife of Client’s lawful attorney and to do all or any of the following acts,
deeds, matters and things and to exercise all or any of the powers
and authorities hereby conferred:
6. To make application for, or to renounce and sign renunciation 16. To give instructions to the Custodian/ bank, as applicable, to
forms in respect of Securities offering on a rights, bonus, debit the Client’s account for all the service charges, fees, out
additional, preferential or other basis and to receive and hold of pocket charges, conveyance expenses, postage, franking
such Securities. charges or any other amount payable by the Client to the
Portfolio Manager or any other party from time to time in
7. To give instructions to the Custodian or any other authorized
accordance with the Agreement.
agent to make application(s) to companies or corporate
bodies for splitting, consolidation, redemption, conversion of 17. To appoint accountants and/ or such other professionals
the Securities. to do the administrative functions relating to the Services
in pursuance of the Agreement and to authorize them to
8. To pay the consideration or the purchase price for the
carry out the obligations entrusted upon them from time to
Securities or other Assets of Account purchased on behalf
time by the Portfolio Manager and to pay or reimburse the
of the Client and to receive and retain the consideration in
accountants, and/ or such other professionals their service
respect of the Securities or other Assets of Account so sold
fees and all costs, charges, expenses, taxes or other levies
either on behalf the Client, from the purchaser(s), as the case
incurred by and/or levied on them.
may be, and to issue effectual receipts and/or discharges for
the same in our name and on our behalf. 18. To receive interest, dividend, bonus or any other benefits,
interest and account it to the Assets of Account after debiting
9. To demand, collect, receive all moneys, amounts realized from
any costs, charges, expenses and fees for the Services under
sale, transfer, surrender of any Securities, as also interest,
the Agreement and also towards Custodian services, brokers’
dividend accrued, payable or due and invest/ reinvest the
commission and such other expenses made in relation to or in
same in any other Securities upon such terms and in such
pursuance of the Services.
manner as the Portfolio Manager deems fit and proper.
19. To receive statements, notices, any other communication
10. To open and maintain account(s) with the depository
from the depository participant, brokers, Custodian and/or
participant for the purpose of keeping the Securities in
any other agents/ parties from time to time.
dematerialized form and from time to time give such
instructions as are necessary to manage the Securities. 20. To engage and/or appoint advocates, pleaders, counsel, and
other professionals as may be necessary and to dispense with
11. To open and operate bank account(s), with any scheduled
their services, when the occasion may arise.
commercial bank at the discretion of the Portfolio Manager,
for and on behalf of the Client to deposit and withdraw funds 21. To appoint any other agent or sub-agent and to delegate all or
and fully operate the same for the purposes of the Agreement. any powers given herein to such person.
12. To enter into, make, sign, seal, execute and deliver any 22. To make such declarations, as may be required under
agreements, share transfer forms, deeds, documents, writings, Applicable Laws, being in force from time to time.
forms, instructions, applications as may be necessary to be
23. The Portfolio Manager’s decision (taken in good faith) in
filed with any company, organization, institution, depository
deployment of the Client’s Portfolio is absolute and final and
participant, government body or department in any manner
cannot be called in question or be open to review at any time
relating to the management of the Assets of Account and to
during the currency of the Agreement or any time thereafter
take all necessary action in relation to do the investments in
except on the grounds of malafide, fraud, conflict of interest
Securities and to take all other incidental and consequential
or gross negligence.
actions for the foregoing purposes.
13. To give instructions to the Custodian or any other authorized AND GENERALLY to sign all letters, correspondence, affidavits,
agent to apply for the issue of duplicate certificates in respect undertakings, declarations, and other papers which, in the
of the Securities. opinion of the Portfolio Manager, ought to be done or performed
in pursuance of and in connection with the Assets of Account as
14. To give instructions to the Custodian or any other authorized
mentioned above as the Client itself could do AND the Client, for
agent for dematerializing and rematerializing Securities.
itself and its successors, does hereby agree and undertake to ratify
15. To take all actions and proceedings to implement the and confirm all and whatsoever the Portfolio Manager shall do or
Investment Guidelines as provided in the Agreement and purport to be done by virtue of these presents.
in particular place all orders for the purchase or sale of
Securities and any other Assets of Account. For the aforesaid This Power of Attorney shall be in full force and effect till the
purpose appoint brokers and dealers from time to time and termination of the Agreement, and the Client hereby ratifies and
to give them appropriate instructions for the purchase and confirms and covenants for itself, its successors, and assigns to
sale of the Securities and any other Assets of Account and ratify and confirm and covenant all and whatsoever has been
to complete the transactions and to pay appropriate fees or shall be lawfully done by the Portfolio Manager or by any
and commission to such brokers and dealers for the services substitute, sub-delegate appointed by it in the premise by virtue
rendered by them. of these presents, including in such ratification and confirmation
whatever shall be done between the time of the revocation and the or employees or any of them, as a consequence of any act, deed,
time of such revocation becoming known to the Portfolio Manager. matter, or thing done by them by virtue of these presents.
AND the Client hereby indemnifies and agrees to keep the The capitalized words and phrases used herein but not defined
Portfolio Manager and / or Director its officers and employees above shall have the same meaning as ascribed to them under the
saved, defended, harmless, and indemnified from and against all Agreement.
costs and consequences, including damages, losses, dues, duties,
taxes, penalties, charges, or other expenses whatsoever that may IN WITNESS WHEREOF the Client hereunto sets its hand(s) on this
be suffered or incurred by the Portfolio Manager or its officers ______ day of __________ 20_____.
1st Applicant/ Authorised Signatory 2nd Applicant/ Authorised Signatory 3rd Applicant/ Authorised Signatory
Before me,
Notary
We accept
Authorized Signatory(ies):
[ ]
This Discretionary Portfolio Management Services Agreement circular, ordinance, requirement, directive, guideline
entered into on this day of , 20 or announcement issued by an Authority (including
but not limited to the SEBI Regulations).
Between
1.3. “Accreditation Agency” means a subsidiary of a
IIFL Capital Services Limited (IIFL Securities Limited), a Company
recognized stock exchange or a subsidiary of a
incorporated under the provisions of the Companies Act, 1956 and
depository or any other entity as may be specified by
having its registered office at IIFL House, Sun Infotech Park, Road
the SEBI from time to time.
No. 16V, Plot No. B-23, Thane Industrial Area, Wagle Estate, Thane
– 400604, hereinafter referred to as “Portfolio Manager” which 1.4. “Accredited Investor” means any person who
expression shall, unless the context otherwise requires, be deemed fulfils the eligibility criteria as specified by SEBI
to include its representatives and assigns) of the ONE PART, pursuant to circular dated 26 August 2021 on
‘Modalities for implementation of the framework for
AND
Accredited Investors’ (SEBI/HO/IMD/IMD-I/DF9/P/
The person mentioned in the Application Form, (hereinafter CIR/2021/620), as may be amended from time to
referred to as “Client”, which term shall, unless Client repugnant to time, and is granted a certificate of accreditation by an
or inconsistent with the context, mean and include the successors Accreditation Agency.
¬in ¬interest and the heirs, executors, legal representative) of the
1.5. “Application” means the application form(s)
OTHER PART.
completed and signed by the Client for the purposes
Whereas: of applying for the Portfolio Management Services
under this Agreement.
1. The Portfolio Manager is registered with the Securities and
Exchange Board of India vide registration certificate no. 1.6. “Assets” means funds and securities handed over
INP000002213, and is duly authorized to provide Portfolio by the Client to the Portfolio Manager from time to
Management Services under the SEBI (Portfolio Managers) time for investing in securities and other assets and
Regulations, 2020 and any amendments thereto from time to include cash deposited by the Client with the Portfolio
time and rules, guidelines, circulars issued under the Act. Manager but yet to be invested.
2. At the request of the Client, the Portfolio Manager has agreed 1.7. “Asset Under Management or AUM” means the value
to provide certain Discretionary Portfolio Management of Securities in the Client Portfolio. For the purpose
Services to the Client as more particularly set out in this of calculating the asset under management, securities
Agreement. shall be valued at the fair market value/marked to
market basis (as applicable).
3. The Client after having read and understood the Disclosure
Document (defined hereunder) provided by the Portfolio 1.8. “Associates” means (i) a body corporate in which
Manager and having agreed to be bound by the terms therein a director or partner of the Portfolio Manager
and the Regulations, has agreed to invest its funds and/ holds, either individually or collectively, more than
or securities with the Portfolio Manager and to be bound twenty percent of its paid-up equity share capital
by the terms of this Agreement and the Schedules hereto or partnership interest, as the case may be; or (ii) a
(hereinafter referred to as this Agreement). body corporate which holds, either individually or
collectively, more than twenty percent of the paid-
This Agreement is intended to outline the functions, obligations,
up equity share capital or partnership interest, as the
duties and responsibilities of the Parties with regard to the portfolio
case may be of the Portfolio Manager.
management services to be provided by Portfolio Manager and the
obligations of the Client. 1.9. “Authority” means any entity exercising executive,
legislative, judicial, regulatory or administrative
1 Definitions functions of or pertaining to government including
but not limited to the SEBI and the Reserve Bank of
1.1. “Agreement” means this agreement and shall
India.
include all schedules and annexures attached here
to, the Application and any applicable Mandates, 1.10. “Bank Account” means one or more bank accounts
Investment Objectives and any other instructions opened by the Client in his own name or an account
and communication exchanged between the Parties common to all clients of the Portfolio Manager opened
under this Agreement. by the Portfolio Manager, as the case may be, both
maintained and operated by the Portfolio Manager /
1.2. “Applicable Laws” means any applicable local or
Custodian for the purposes of this Agreement and as
national statute, rules, regulation, notification,
permitted under the Applicable Laws.
1.11. “Chartered Accountant” means a Chartered the Portfolio Manager and accepted by the Portfolio
Accountant as defined in clause (b) of sub-section (1) Manager.
of section 2 of the Chartered Accountants Act, 1949
“Discretionary Portfolio Management Services”
(38 of 1949) and who has obtained a certificate of
means the portfolio management services rendered
practice under sub-section (1) of section 6 of that Act
to the Client by the Portfolio Manager on the
1.12. “Client” or “Investor” means a Person that enters terms and conditions contained in this Agreement,
into an Agreement for availing services offered by the whereby the Portfolio Manager exercises discretion
Portfolio Manager. with respect to investments or management of the
Portfolio of Securities or the Funds of the Client.
1.13. “Custodian” means any custodian registered under
the SEBI (Custodian of Securities) Regulations 1996 1.22. “Investment Objectives” means the investment
acting as custodian of the Portfolio with whom objectives as may be agreed by the Client and the
the Portfolio Manager or the Client enters into an Portfolio Manager and as detailed in the Application
agreement for the provision of custodial services. and the Mandate(s).
1.14. “Depository” means a body corporate as defined in 1.23. “Investments” means any form of investment
the Depositories Act, 1996 (22 of 1996) and includes including, without limitation, shares, debentures and
National Securities Depository Limited (“NSDL”) and other categories of Securities and mutual funds.
Central Depository Services (India) Ltd. (“CDSL”).
1.24. “Large Value Accredited Investor” means an
1.15. “Depository Account“ or “DP Account” means one accredited investor who has entered into an
or more demat accounts opened, maintained, and agreement with the portfolio manager for a minimum
operated by the Portfolio Manager in the name of investment amount of ten crore rupees.
the Client or a pool demat account in the name of the
1.25. “Mandate” means the document completed by the
Portfolio Manager to keep the securities of all clients,
Client from time to time setting out the Investment
where the securities of each of the Clients would be
Objectives, portfolio allocation guidelines, fees
separately identified for the purpose of the Portfolio
payable and such other matters as agreed between
Management Services.
the Client and the Portfolio Manager in relation to the
1.16. “Disclosure Document” means any disclosure management of the Assets under this Agreement.
document issued by Portfolio Manager filed with
1.26. “Management Fee”: means the management fee
SEBI, under the SEBI Regulations and as may be
payable to the Portfolio Manager in accordance with
amended by the Portfolio Manager from time to time.
the terms of the Agreement and this Document.
1.17. “Discretionary Portfolio Manager” means the
1.27. “Money Market Instruments” includes commercial
Portfolio Manager who, in relation to portfolio
paper, trade bill, treasury bills, certificate of deposit
management, exercises or may exercise, any
and usance bills.
degree of discretion as to the investment of Funds
or management of the Portfolio of the Client, in 1.28. “Parties” collectively means the Portfolio Manager
accordance with this Agreement. and the Client and “Party” shall be construed
accordingly.
1.18. “Distributor”: means a Person empaneled by the
Portfolio Manager which refers clients to the Portfolio 1.29. “Performance Fee”: means the performance-linked
Manager in lieu of commission/charges fee payable to the Portfolio Manager in accordance
with the terms of the Agreement and this Document.
1.19. “Exit Load”: means the withdrawal charge/s payable
to the Portfolio Manager in accordance with the 1.30. “Portfolio” means the Securities managed by the
terms of the Agreement and this Document Portfolio Manager on behalf of the client.
1.20. “Funds” means the monies managed by the Portfolio 1.31. “Power of Attorney” shall mean: (a) the Power of
Manager, on behalf of the Client, pursuant to the Attorney to be executed by the Client in favor of
Agreement as mentioned in the Application, placed the Portfolio Manager in the form required by the
by the Client from time to time with the Portfolio Portfolio Manager; and (b) such other Power of
Manager for the purposes of being managed pursuant Attorney as the Portfolio Manager may require the
to this Agreement and includes the proceeds of the Client to execute from time to time.
sale or other realization of the Portfolio and interest,
1.32. “Portfolio Entity” means companies, enterprises,
dividends and other monies realized from the Assets.
bodies corporate, or any other entities in the
1.21. “Initial Corpus” means the value of the funds and the Securities of which the monies from the Client
value of readily realizable securities brought in by Portfolio are invested subject to Applicable Laws
the client at the time of registering as a client with
1.33. Portfolio Manager: means IIFL Capital Services
Limited (IIFL Securities Limited), a Company “investing company or the venturer of a portfolio
incorporated under the provisions of the Companies manager” means a body corporate whose
Act, 1956 and having its registered office at IIFL investment in the portfolio manager would result
House, Sun Infotech Park, Road No. 16V, Plot No. in the portfolio manager becoming an associate of
B-23, Thane Industrial Area, Wagle Estate, Thane – the body corporate.
400604, which pursuant to a contract or arrangement
(ix) a related party as defined under the applicable
with a Client/Investor, provides Discretionary
accounting standards;
Portfolio Management Services which includes the
management or administration of a portfolio of (x) or such other person as may be specified by SEBI:
securities or the funds of the Client/Investor, as the Provided that,
case may be.
(a) any person or entity forming a part of the promoter
1.34. “Principal Officer” means an employee of the or promoter group of the listed entity;
Portfolio Manager who has been designated as such
or
by the Portfolio Manager and is responsible for:
(b) any person or any entity, holding equity shares:
(i) the decisions made by the Portfolio Manager for
the management or administration of Portfolio of (i) of twenty per cent or more; or
Securities or the funds of the Client, as the case
(ii) of ten per cent or more, with effect from April 1,
may be; and
2023; in the listed entity either directly or on
(ii) all other operations of the Portfolio Manager a beneficial interest basis as provided under
section 89 of the Companies Act, 2013, at any
1.35. “Related Parties” means in relation to the Portfolio
time, during the immediate preceding financial
Manager,
year; shall be deemed to be a related party.
(i) a director, partner or his relative;
1.36. “Regulations” shall mean the SEBI (Portfolio
(ii) a key managerial personnel or his relative; Managers) Regulations, 2020 as amended and
modified from time to time and including any
(iii) a firm, in which a director, partner, manager or his
circulars/notifications issued pursuant thereto.
relative is a partner;
1.37. “Securities” means “securities” as defined under
(iv) a private company in which a director, partner or
the Securities Contracts (Regulation) Act, 1956
manager or his relative is a member or director;
(as may be amended, supplemented or replaced
(v) a public company in which a director, partner from time to time) including, without limitation,
or manager is a director or holds along with his shares, debentures, mutual funds, Money Market
relatives, more than two per cent. of its paid‐up Instruments and any other securities purchased, sold,
share capital; held, acquired or otherwise dealt with by the Client.
(vi) any body corporate whose board of directors, 1.38. “Stock Exchanges” means the National Stock
managing director or manager is accustomed to Exchange of India, Metropolitan Stock Exchange of
act in accordance with the advice, directions or India and BSE formerly Bombay Stock Exchange Ltd.
instructions of a director, partner or manager of
the Portfolio Manager; 2 Interpretation
(vii) any person on whose advice, directions or 2.1. In this Agreement, the headings are for convenience
instructions a director, partner or manager is only and shall not constrain or affect its construction
accustomed to act Provided that nothing in or interpretation.
sub‐clauses (vi) and (vii) above shall apply to 2.2. In any way whatsoever, words and expressions used
the advice, directions or instructions given in a in this Agreement, the Schedules to this agreement
professional capacity; and the Disclosure Document not expressly defined
(viii) any body corporate which is— herein or the regulations shall be interpreted
according to their general meaning and usage. The
(A) a holding, subsidiary or an associate company of definitions are not exhaustive. They have been
the Portfolio Manager; or included only for the purpose of clarity and shall
also carry meanings assigned to them in regulations
(B) a subsidiary of a holding company to which the
governing Portfolio Management Services.
Portfolio Manager is also a subsidiary;
2.3. All references to the masculine shall include the
(C) an investing company or the venturer of the
feminine and all references, to the singular shall
Portfolio Manager;
include the plural and vice-versa.
Explanation.—For the purpose of (C) above,
2.4. If by the terms of this agreement, any act would be 5 Period of Agreement
required to be performed on a day which is a Public
The Portfolio Manager will manage the assets under
Holiday, that act shall be deemed to have been duly
management of the Client unless terminated by the Parties.
performed, if performed on or within the period
This Agreement shall commence from the date of execution
ending on the immediate next Business Day.
of this Agreement by the Portfolio Manager.
3 Appointment
6 For Discretionary Portfolio Management Accounts
The Client hereby appoints and authorizes Portfolio Manager
6.1. Investment Objective
to act as Discretionary as per the terms and conditions set
out hereunder and in the Power of Attorney granted in favor It is agreed that the objective will be to maximize
of Portfolio Manager by the Client. the value of the Client’s Investment. The Portfolio
Manager will adopt a strategy of investing in Securities
The Portfolio Manager shall act in a fiduciary capacity and as
permissible under the Regulations from time to time
a trustee and agent of the Client’s Portfolio.
taking into consideration the inputs of the Client as
The Client agrees and undertakes to sign all such documents indicated in Schedule V of the Application form, which
and writings and do all such acts as the Portfolio Manager may clearly states the product information, investment
require for enabling the Portfolio Manager to render portfolio and fees schedule. The Application Form shall be
management services or otherwise perform its functions and deemed to be an integral part of this Agreement and
obligations under this Agreement. Simultaneous with the binding on the Client.
execution of this Agreement the Client shall execute and
The Investments will be for both long- and short-term
deliver to the Portfolio Manager a Power of Attorney in the
benefits.
format specified by the Portfolio Manager authorizing the
Portfolio Manager or any person appointed by the Portfolio i. The Client hereby agrees to inform the
Manager in this be half to open and operate Bank Account and Portfolio Manager in writing in case the
depository accounts, buy and sell the permissible Securities Client desires to impose restrictions with
and do other acts on behalf of the Client. The Client may make regard to Investments in a particular
further contributions in form of additional contribution on company or industry.
one or more occasion(s) during the Term. Such amounts shall
ii. The Portfolio Manager shall deploy the funds/
be governed by the terms and conditions of this Agreement.
securities in accordance with the relevant
investment approach opted for in Schedule
4 Scope of Services
V of the Application form and described in
The Portfolio Manager agrees to provide the Services which detail in the Disclosure Document. Such
shall include investment management, the responsibility of investment of funds/ securities shall be made
managing, renewing and reshuffing the Assets of Account, in accordance with the Applicable Laws.
buy and sell the Securities, keeping safe custody of the
6.2. The Portfolio Manager may offer discretionary
Securities and monitoring book closures, dividend, bonus,
portfolio management services for investment up to
rights etc, and other corporate actions so as to ensure that
100% of the assets under management of the Large
all benefits accrue to the Account and also to take day to day
Value Accredited Investors in unlisted securities,
decisions in respect of the Account in accordance with this
subject to the terms agreed between the client and
Agreement and may include consultancy services.
the Portfolio Manager.
The Portfolio Manager will have complete discretion
(including without prior reference, intimation or discussions 7 Liability of Portfolio Manager
with the Client) to buy, sell, retain, exchange or otherwise
i. The Client confirms that the Portfolio Manager has
deal in any Securities and investments, place deposits,
explained the risks associated with investments and that
subscribe to issues and offer for sale and accept placing, of
the Client is fully conscious of them. All risk and rewards
any investments, effect transactions in any markets in respect
of Investments made by the Portfolio Manager on behalf
of the Assets of Account and act otherwise, as the Portfolio
of the Client, shall belong to and be the sole responsibility
Manager deems appropriate, in relation to the management
of the Client and the Portfolio Manager shall not be liable
of the Assets of Account.
in respect of any loss resulting therefrom.
The Portfolio Manager agrees that it shall observe integrity
ii. The Client confirms that the Portfolio Manager will not
and fairness in its dealings with the Client and acknowledges
be responsible for any loss or damage occasioned by,
that it shall use its best efforts to avoid any conflict of interest
including but not limited to market conditions, force
in relation to its investment decisions and shall not derive
majeure circumstances, delays on the part of companies
any direct or indirect benefit out of the Client’s funds and
or other authorities including government authorities,
Securities except as provided for in this Agreement.
errors of judgment on the part of Portfolio Manager, acts
of other intermediaries, Custodian and other external c. Any distributions / repayments of the amounts as
agencies or other factors beyond the control of the mentioned under this Clause (Fees and Charges) shall be
Portfolio Manager. made by way of a distribution waterfall more particularly
as mentioned under Schedule V. The Portfolio Manager
iii. The Client understands that while every effort will be
will charge Management Fee and Performance Fee in
made by the Portfolio Manager to maximize the value of
accordance with Schedule V.
the Investment, the Portfolio Manager does not provide
nor guarantee to the Client a minimum return on the d. The Portfolio Manager shall be entitled to meet all costs
Investments, made in accordance with this Agreement. and expenses from the Bank Account on behalf of the
Client. However, in the event the Portfolio Manager
8 Liability of the Client incurs any costs and expenses of whatsoever nature in
i. The Client is fully aware that the income and all tax connection with the Services, then the Portfolio Manager
liabilities on the Assets managed by the Portfolio shall be entitled to debit such costs and expenses from
Manager, the yield or other return thereon will belong to the Client’s Bank Account at anytime after it has been
and be the sole responsibility of the Client. incurred by the Portfolio Manager.
ii. The maximum liability of the Client arising out of this 10 Taxes
Agreement shall be limited to the extent of the assets
under management invested with the Portfolio Manager. In view of the individual nature of tax consequences, the
Client is advised to consult his or her tax advisor with respect
iii. The Client confirms and acknowledges having received, to the specific consequences to him/her of participation in any
read and understood the Disclosure Document a copy of the investment approaches.
of which is also available on the website of the Portfolio
Manager prior to execution of this Agreement. i. The Portfolio Manager shall not be responsible for
assisting in or completing the fulfillment of the Clients’
9 Fees, Charges and Billing tax obligations.
a. The Client agrees that under the terms of this Agreement, ii. Tax deduction at source: If any tax is required to
the Portfolio Manager fee structure as detailed in the be withheld on account of any present or future
Schedule V will be computed on the funds / securities legislation, the Portfolio Manager will be obliged to
managed as opted by the Client, in the capital allocation act in accordance with the regulatory requirement in
and fee structure section of the Application Form. this regard.
i. The Client authorizes the Portfolio Manager to debit iii. Advance tax installment obligations: It will be the
the management fees as per schedule V to the Client’s responsibility of the Client to meet the advance tax
account and reimbursed periodically. obligation installments payable on the due dates
under the Income tax Act, 1961.
ii. The performance fees will be computed and charged
as per the fee structure of each investment approach. 11 Custody And Safe Keeping
iii. Profit computation for profit share fees shall be net i. The Portfolio Manager shall use reasonable care and
of all costs and take into account the mark to market diligence for the safe custody of the Assets and shall make
impact on outstanding positions on the computation reasonable endeavors to, at the Client’s cost, arrange for
date. the custody of the Assets by, in its discretion, keeping
iv. Fees shall be charged on any infusion/withdrawal them in its actual control and/or custody or by appointing
of funds / securities on a pro rata basis based on the and using a Custodian or other agent for this purpose.
number of days for which the funds / securities have The Client hereby authorizes the Portfolio Manager to
been managed. The amount so calculated will be enter into such agreements on behalf of the Client with
added/reduced to arrive at the fee to be charged. such persons (including, without limitation, Custodians
of Securities) as the Portfolio Manager considers
Brokerage charges and other incidental charges like goods and
appropriate for arranging for the custody of the Assets.
services tax, securities transaction tax, turnover fee, depository
participant charges, custodian and administrative charges and ii. Portfolio Manager shall not be liable if any instruments
audit fees etc. will be charged to the Client as detailed in Schedule relating to any of the Securities are damaged, mutilated,
V. torn, destroyed, lost, misplaced or otherwise become
unavailable or if any Assets are lost, stolen, destroyed or
b. It is agreed that all expenses as listed in the Disclosure
pilfered in any manner.
Document will be debited to the Client’s account
maintained by the Portfolio Manager and reimbursed 12 Withdrawal of assets
periodically. i. The Client may at any time, at the Client’s risk and cost,
withdraw any Assets from the Client’s account during which forms part of the portfolio of the Portfolio
the term of this Agreement based on the timelines Manager or its other Clients or which is otherwise
of provided by Association Of Portfolio Managers In purchased, sold or traded in by the Portfolio Manager
India (APMI) to the Portfolio Manager: a) Pay-out using on its own account or on account of its other Client(s);
Securities: Within 15 days of receipt of the requisite purchase or sell on its own account or on behalf of
documentation or 15 days from settlement of the last any other Client, any Security which forms part of the
corporate action (for client’s securities/investments), Portfolio.
whichever is later b) Pay-out using Funds: Within 45
c. have a commercial or other relationship or agreement
days from receipt of the requisite documentation or
with share and stock-brokers, banks and companies
15 days from settlement of the last corporate action
with whom or through whom transactions are carried
(for client’s securities/investments), whichever is later.
out for purchase and sale of any of the Securities or
Partial withdrawal shall be allowed only to such extent
with any issuer of Securities whose Securities are
that portfolio value after recovery of fees, charges, exit
purchased and or sold for the Client;
load and payment of withdrawal amount is not less than
the Minimum Investment specified in schedules to this d. purchase or sell Securities from or to anyone with
agreement. whom the Portfolio Manager has a commercial or
other relationship or agreement, including selling
ii. Subject to the provisions of this Agreement, the Client
or purchasing the Securities to or from the account
may at any time withdraw any Assets from the Client’s
of the Portfolio Manager or another Client of the
account at the cost and risk of the Client in any of the
Portfolio Manager.
following circumstances, namely: (i) Termination of this
Agreement by the Portfolio Manager for any reason; (ii) 14 Indemnity
Suspension or cancellation of registration of the Portfolio
Manager by SEBI: or (iii) Bankruptcy or liquidation of the i. The Client shall indemnify and keep indemnified the
Portfolio Manager Portfolio Manager and each of the sub-delegates and
agents working for the Portfolio Manager of, from and
13 Conflict of interest against all and any costs, charges, expenses, claims,
losses and liabilities incurred or to be incurred by the
i. The Client shall from time to time promptly disclose to
Portfolio Manager including any stamp duty, rates, taxes,
the Portfolio Manager in writing the details of the interest
and cess; where such costs, charges, expenses, claims
of the Client in any listed company or other corporate
and liabilities are directly or indirectly arising out of: (a)
body which may enable the Client to obtain unpublished
the performance of the Portfolio Manager under this
price sensitive information in respect of such company
Agreement; (b) the communication between the Client
or corporate body. The Client shall keep the Portfolio
and the Portfolio Manager under this Agreement; (c) the
Manager indemnified against the consequences of any
Client’s failure to comply with its obligations under this
non-disclosure in this respect.
Agreement; and (e) the enforcement of this Agreement.
ii. The Client may from time to time promptly inform the
ii. The Client hereby unconditionally and irrevocably
Portfolio Manager in writing the details of all shares
undertakes to the Portfolio Manager that:
(which term, in this clause, includes any instruments
carrying voting rights) held by the Client in any listed a. the Client shall promptly and regularly pay wealth-
company or corporate body in order that the purchases of tax, income-tax and other taxes, if any payable, on
shares by the Portfolio Manager on account of the Client the income, arising whether by way of interest,
do not attract any provisions of the SEBI (Substantial dividend, short term and long-term capital gain or
Acquisition of Shares & Takeovers) Regulations, 2011 otherwise howsoever and on the value of the Assets
(“the Takeover Regulations”). Compliance with the and irrespective as to whether such Assets are held
provisions of the Takeover Regulations on account of any and /or registered in the name of the Client or the
purchases of Securities shall be the responsibility of the Portfolio Manager or any other person nominated by
Client, and the Client shall keep the Portfolio Manager the Portfolio Manager;
indemnified against the consequences of any non- b. the Client shall also promptly and in a timely manner
compliance thereof by the Client. pay all the aforesaid taxes as and when the same are
iii. The Client agrees and accepts that the Portfolio Manager to the paid under law; and
may, from time to time c. the Client shall promptly and in a timely manner file
a. acquire, have and / or maintain a position in any all tax returns, statements, applications under the
security similar to the Securities forming part of the provisions of law.
Securities held, purchased or sold for the Client’s iii. The Client shall indemnify and keep indemnified the
account; Portfolio Manager and the sub-delegates and hold the
b. purchase or sell on behalf of the Client any Security Portfolio Manager and the sub-delegates harmless
IIFL Capital Services Limited 34
DISCRETIONARY PORTFOLIO
MANAGEMENT SERVICES
and fully protected and free from any liability from and investments or Securities of the Client which do not
against: form part of the Assets. e) such other documents and
information relating to the Discretionary Portfolio
a. all costs charges and expenses incurred and/or to
Management Services provided to the Client by the
be incurred by the Portfolio Manager and the sub
Portfolio Manager and the Assets as the Portfolio
delegates and agents, and
Manager may determine.
b. wealth-tax, income tax, interest for delayed payment
e. details of risk foreseen by the portfolio manager and
of income tax or wealth tax, penalty, prosecution and/
the risk relating to the securities recommended by the
or any other action taken, and /or which may be taken
portfolio manager for investment or disinvestment.
or enforced or recovered against the Client and/or
the Portfolio Manager and/or any sub-delegate and f. default in payment of coupons or any other default
agent; in payments in the underlying debt security and
downgrading to default rating by the rating agencies,
and if any of the same shall have been recovered from the Portfolio
if any h) details of commission paid to Introducer(s)
Manager or any sub-delegate or agent or if the Portfolio Manager
for the particular client.
or any sub-delegate or agent is held responsible for any of the
aforesaid by any taxing authority, then the Client shall forthwith g. other information as may be required to be included
on demand pay and / or reimburse to the Portfolio Manager such in such report by SEBI (Portfolio Managers)
amount as may be required, in the opinion of the Portfolio Manager Regulations, 2020 or other circulars issued by
to pay to the tax authorities (whether or not such payment has regulatory authorities.
been lawfully demanded by the tax authorities).
ii. The Portfolio Manager shall get its Portfolio Accounts
Further if any tax is required to be withheld/deducted (such as tax audited annually in accordance with the provisions of
deducted at source) on account of any existing or future legislations, the SEBI (Portfolio Manager) Regulations, 2020 by an
the Portfolio Manager will be obliged to act in accordance with the independent Chartered Accountant.
regulatory requirement in this regard.
iii. The Client may himself or through an appointed
Chartered Accountant audit the books and accounts of
15 Statement and information
the Portfolio Manager relating to his transactions and the
i. The Portfolio Manager shall furnish to the Client Portfolio Manager shall cooperate with such Chartered
periodically, in writing all the information regarding the Accountant in course of the audit.
Assets and all purchases and sales of Securities made by
iv. On termination of the Agreement, the Portfolio Manager
the Portfolio Manager on behalf of the Client as provided
shall give a detailed statement of accounts of the
herein at least on quarterly basis. The Portfolio Manager
Assets to the Client and settle accounts with the Client
shall furnish to the Client a report for such three-month
in a mutually agreed manner. The Client shall bear all
period containing the following details, namely:
costs, charges and taxes that may become payable as
a. the composition and the value of the Assets (Funds a consequence of settling of accounts of the Assets. In
and Securities), description of the Securities, number the event of any dispute between the Portfolio Manager
of Securities, value of each Security held as part of and the Client, the Client shall have the right to obtain
the Assets, cash balance and aggregate value of the details of the Assets from the Portfolio Manager and
Assets as on the date of report. the Portfolio Manager shall provide these details to the
Client, at the cost of the Client for a period of 5 (five) years
b. transactions undertaken by the Portfolio Manager
after the termination of the Agreement, or such longer
during period covered by the report including date of
term as may be determined by the Portfolio Manager.
transaction and details of purchases and sales.
v. Hard copies and soft copies of this Agreement and
c. income or other interest received during the
ancillary documents shall be stored at the Corporate
concerned period in respect of the Assets by way
address of the Portfolio Manager or at the discretion
of interest, dividend, bonus shares, rights shares or
of the Portfolio Manager it can be stored in any place in
debentures or otherwise.
India.
d. expenses incurred in managing the Assets of the
Client; Provided that during any such three-month 16 No warranty of portfolio manager/risk factors
period, if the term of this Agreement shall expire on
The investments made in Securities are subject to market risk
a date other than the last day of June, September,
and there is no assurance or guarantee that the objectives of
December or March as the case may be, of a calendar
investments will be achieved, and the Portfolio Manager has
year, the period covered by the last of such quarterly
no liability for any losses resulting from the Client availing
report shall end on that date. Nothing herein shall
of the Portfolio Management Services. The following are
extend the obligation of the Portfolio Manager
the current risk factors as perceived by management of the
to provide any information relating to any other
Portfolio Manager. This list is not intended to be exhaustive
IIFL Capital Services Limited 35
DISCRETIONARY PORTFOLIO
MANAGEMENT SERVICES
in nature and is merely intended to highlight certain risks that x. There are inherent risks arising out of investment
are associated with investing in Securities: objectives, investment approach, asset allocation
and non-diversification of portfolio.
i. Investment in equities and mutual funds and
Exchange Traded Index Funds are subject xi. Prepayment risk: there may be unscheduled
to market risks and there is no assurance or return of principal on a particular Security, which
guarantee that the objective of investments will may result in a reinvestment risk.
be achieved.
xii. Credit Risk: Credit risk or default risk refers to the
ii. As with any investment in Securities, the Net Asset risk that an issuer of a fixed income Security may
Value of the portfolio can go up or down depending default Because of this risk corporate debentures
upon the factors and forces affecting the capital are sold at a higher yield above those offered
markets. on Government Securities which are sovereign
iii. The performance of the portfolio may be affected obligations and free of credit risk. Normally, the
by changes in Government policies, general levels value of a fixed income security will fluctuate
of interest rates and risks associated with trading depending upon the changes in the perceived level
volumes, liquidity and settlement systems in of credit risk as well any actual event of default.
equity and debt markets.
xiii. The Net Asset Value may be affected by changes in
iv. The past performance of the Portfolio Manager settlement periods and transfer procedures.
does not indicate its future performance. Investors
xiv. Risks related to index linked securities:
are not being offered any guaranteed or assured
Performance of the reference index will have a
returns.
direct bearing on the performance of the strategy.
v. The performance of the Assets of the Client may In the event the reference index is dissolved
be adversely affected by the performance of or withdrawn by the Index Provider; in case of
individual Securities, changes in the market place Securities such as debentures, the debenture
and industry specific and macro-economic factors. trustees upon request by the issuer may modify
The investment approach is given different names the terms of issue of the debentures so as to track
for convenience purpose and the names of the a different and suitable index. Tracking errors are
approaches do not in any manner indicate their also inherent in any equity linked security and
prospects or returns. such errors may cause the equity index-linked
security to generate returns which are not in line
vi. Investments in debt instruments and other fixed
with the performance of the reference index or
income securities are subject to default risk,
one or more Securities covered and/or included in
liquidity risk and interest rate risk. Interest rate
the reference index.
risk results from changes in demand and supply
for money and other macroeconomic factors and xv. Risks pertaining to investments in Gold ETF’s will
creates price changes in the value of the debt be as provided in the disclosure document of the
instruments. Consequently, the Net Asset Value of Portfolio Management Services. However, some
the portfolio may be subject to fluctuation. of the specific risks may include market risks,
currency risks, counter party risk, liquidity risk and
vii. Investments in debt instruments are subject to
loss of physical gold.
reinvestment risks as interest rates prevailing on
interest amount or maturity due dates may differ xvi. Currency Exchange Rate Risk: The Client’s
from the original coupon of the bond, which might portfolio may from time to time enter into
result in the proceeds being invested at a lower currency exchange transactions either on a
rate. spot basis or by buying currency exchange
forward contracts. Neither spot transactions nor
viii. The Portfolio Manager may invest in non-publicly
forward currency exchange contracts eliminate
offered debt securities and unlisted equities. This
fluctuations in the price of the Client’s portfolio
may expose the Client’s portfolio to liquidity risks.
Securities or in foreign exchange rates or prevent
ix. Re-investment Risk: This risk refers to the losses if the prices of these Securities should
interest rate levels at which cash flows received decline. Performance of the Client’s Portfolio may
from the Securities under a particular portfolio be strongly influenced by movements in foreign
are reinvested. The additional income from exchange rates because currency positions held
reinvestment is the “interest on interest” by the Client’s portfolio may not correspond with
component. The risk is that the rate at which the Securities positions held.
interim cash flows can be reinvested may be lower
xvii. In case of investments in mutual fund, the Client
than that originally assumed.
bear the recurring expenses of the Portfolio
Manager in addition to the expenses of the xxiv. The risks of investing in equity instruments
underlying mutual fund schemes. Hence, the Client include share price falls, receiving no dividends or
may receive lower pre-tax returns compared to receiving dividends lower in value than expected.
what the Client may have received had he invested They also include the risk that a company
directly in the underlying Securities of the mutual restructure may make it less profitable.
fund schemes.
xxv. Equity instruments face market volatility risk:
xviii. After accepting the Assets for management, the Stock market tends to be very volatile in the short
Portfolio Manager may not get an opportunity term. Even if fundamentals of the underlying
to deploy the same or there may be a delay in companies do not materially change in the short
deployment. In such a situation the Client may term, volatility in the broader stock market can
suffer opportunity loss. result in volatility in share prices of stocks forming
part of the Client’s portfolio.
xix. Risks associated with investment in equity
instruments using Quantitative Analysis/ xxvi. Equity instruments face fundamental risk: If
Quant Model: Some of the Risks attached with fundamentals of the companies chosen by the
Quantitative Analysis are: (i) Market Risk: Like Portfolio Manager deteriorate over time, there
any other equity investments, these are subject to is no guarantee or assurance that the Portfolio
market risk. (ii) Modeling Error: Quant models are Manager’s analysts and fund managers will be able
subject to price and volume inputs. It is possible to identify such deterioration in fundamentals and
that some of these inputs are entered incorrectly. take appropriate action in a timely manner which
The quant model selected by the Portfolio could lead to higher volatility and a lower return
Manager may not perform as tested; such a from the portfolio companies.
scenario is entirely possible and would result in
xxvii. Equity instruments face macro-economic and
a loss. (iii) Deviation from theoretical model: A
geo-political risks: Sudden changes to the macro-
quant model is theoretical in nature, however at
economic and geo-political environment within
times the market may act unexpectedly resulting
which Portfolio Manager’s companies operate,
in a loss, the quant model cannot account for
could lead to increase in volatility of share prices
any such market behavior. The quant model may
of these companies.
initiate a sell signal; however, the stock may not
have adequate liquidity at that moment forcing the xxviii. Operational and IT Risk: there may be risks related
portfolio manager to further drive down the stock to the exposure to loss due to human error or
price. fraud, or from a system of internal controls that
fails to adequately record, monitor and account
xx. Spread risk: Investments in corporate bonds are
for transactions or positions. There may also be
exposed to the risk of widening of the Spread
risks related to hardware and software failure,
between corporate bonds and gilts. Prices of
human error, spam, viruses and malicious attacks,
corporate bonds tend to fall if this spread widens
as well as natural disasters such as fires, cyclones
which will affect the Strategy accordingly.
or floods and other force majeure events, more
xxi. Liquidity or Marketability Risk: This refers to the specifically stated in Clause 19 of this Agreement.
ease with which a security can be sold at or near to
its valuation yield-to maturity (YTM). The primary 17 Limited liability of the parties
measure of liquidity risk is the spread between the
i. It is expressly understood that nothing contained
bid price and the offer price quoted by a dealer.
herein amounts to any warranty or guarantee (express
xxii. Risks related to Special Situations: Special situation or implied) of the Portfolio Manager to pay any return
trades are subject to all risks under equity; of any nature or guarantee any returns or accretions or
however, in certain cases the risks can be specific accruals to the Client. The Client expressly accepts that
as are mentioned: (i) The promoter may choose Funds and Securities placed with the Portfolio Manager
not to accept the discovered prices (ii) Regulatory and the sale and purchase of Securities by the Portfolio
hurdles may delay any specific corporate action. Manager are and shall be at the sole risk of the Client.
It is further expressly understood by the Client that
xxiii. Risk Associated with Securitized Debt: Securitized
no representation or warranties are held out by the
debt may suffer credit losses in the event of the
Portfolio Manager about the safety or “soundness” of an
delinquencies and credit losses in the underlying
investment made on behalf of the Client and all actions
pool exceeding the credit enhancement provided.
taken and acts done by the Portfolio Manager are done
As compared to the normal corporate or sovereign
solely at the Client’s account and risk; any actions which
debt, securitized debt is normally exposed to a
the Portfolio Manager in good faith takes or does not take
higher level of reinvestment risk.
as to the investments will be solely at the Client’s account
and risk and the Portfolio Manager shall not carry liability assets, transactions and account relationship with the
for any action taken or failure to act during the currency Portfolio Manager in connection with or pursuant to this
of this Agreement or any time thereafter unless the Agreement and dealings between the Portfolio Manager
Portfolio Manager acts with fraud, malafide, conflict of and the Client.
interest or gross negligence.
19 Force majeure
ii. Neither the Portfolio Manager nor the directors or
employees or agents employed by him shall be liable for The Portfolio Manager and or its employees, representatives
any loss caused to the Client for anything bona fide done and or its agents will not be liable for losses caused directly
or omitted on account of reliance placed on any advice or indirectly by delays on the part of other companies,
or information obtained by the Portfolio Manager from corporations or government authorities, government
bankers, accountants, brokers and other professionals. restrictions, exchange or market rulings, suspension of
trading, computer, communication, telephone or system
iii. The Portfolio Manager shall not be liable for any default of
failure, war, earthquakes, floods, accidents, power failure
the counter party, bank, custodian, sub-custodian or any
equipment or software malfunction, strikes, Epidemic,
person or entity that holds money, investments or other
Pandemic, Lockdown or other conditions beyond the
documents of title of the Client; save and except in the
Portfolio Manager’s control.
case of a material error of judgement, gross negligence or
willful misfeasance on the part of the Portfolio Manager
20 Assignment
in connection with the same and subject to the same
being proven before the court of law. The Client shall not assign or transfer any or all rights or
obligations hereunder without the prior consent of the
iv. The liability of the Client shall not exceed its investment
Portfolio Manager. However, the Portfolio Manager shall
with the Portfolio Manager.
assign or transfer any or all its rights or obligations hereunder.
18 Confidentiality
21 Counterpart and electronic signature
i. The Client will treat as confidential (both during and
This Agreement may be executed in more than one
after the termination of the relationship between the
counterpart, each of which when so executed and delivered,
Parties) any information obtained from or learned about
shall be an original, but all the counterparts shall together
the Portfolio Manager, including without limitation,
constitute one and the same instrument. This Agreement may
its investment approach or holdings or its products or
be signed and exchanged electronically as per the provisions
services in the course of their relationship under this
of the Information Technology Act, 2008.
Agreement. The Client will not disclose the same to
any third party without the Portfolio Manager’s prior
22 No Partnership
written consent. These obligations shall not apply to
information which (i) is, or becomes, known to the public, This Agreement does not constitute and shall not be
(ii) is received by the Client from a third party entitled to construed as constituting a partnership or joint venture
disclose it, or (iii) is disclosed to competent government between the Parties. Neither Party shall have any right
authorities or courts or other tribunals in accordance to obligate or bind the other Party or Parties other than
with the requirements of the Applicable Laws. stipulated in this Agreement in any manner whatsoever and
nothing contained in this Agreement shall give any rights of
ii. The Client consents and authorizes the Portfolio
any kind to any third parties.
Manager to hold and process any personal information
relating to the Client (including information relating 23 Term & Termination
to repayment or fulfillment of the Client’s obligations
under this Agreement or failure thereof, details of i. This Agreement is deemed to have commenced on and
any of the Client’s accounts, assets, transactions and from the date of its signing / execution.
account relationship with the Portfolio Manager (if any)), ii. This Agreement shall continue to subsist until terminated
biometric information to uniquely identify the Client and by the Portfolio Manager or the Client in accordance with
financial information obtained by the Portfolio Manager the provisions of this Agreement.
in connection with or pursuant to this Agreement and
dealings between the Portfolio Manager and the Client, iii. The Portfolio Manager may at any time terminate this
whether it concerns the Client, its relevant beneficial Agreement by written notice of termination of 30 days to
owner(s) (if applicable) or acquaintances. the client However, the Portfolio Manager may terminate
this agreement immediately in any of the following
iii. The client consents and authorizes the Portfolio circumstances, namely:
Manager to share with Client’s Introducer / Referrer
or any regulatory/investigating authority, if any, as a. Misrepresentation by the Client at the time of
mentioned on account opening form or on schedules to account opening or otherwise;
this agreement, the details of any of the Client’s accounts,
IIFL Capital Services Limited 38
DISCRETIONARY PORTFOLIO
MANAGEMENT SERVICES
b. Breach of terms of the Agreement by the Client person, as the case may be) and the Portfolio Manager
or any fraud committed by the Client in respect of shall be entitled to continue to act under the terms of the
transactions under this Agreement or in transactions said Power of Attorney. Provided that in the event of the
insecurities in general; death, insolvency, dissolution or the winding up of the
Client, if any, the Portfolio Manager shall arrange to pay
c. Client fails to maintain the Bank Account and / or the
the Net Realizable Value to/ with the legal heir / claimant
Depository Account (or any replacement thereof) or
pursuant to a valid court order whichever applicable and
d. Any proceedings or investigations that involve the relevant. In the event the Client is a partnership firm,
Client or his / her /its properties have been initiated limited liability company or company, the Client must
or is ongoing; or immediately notify the Portfolio Manager of any change
in partnership/shareholding/constitution/management
e. Client fails to fulfill his / her / its payment obligations
structure, as the case may be.
under this Agreement or otherwise due to the
Portfolio Management viii. Upon the termination of this Agreement as a consequence
of the death of the Client (or, in case the Client comprises
f. Insolvency, bankruptcy, winding up or liquidation,
of two or more persons, death of any such person) the
or lack of legal capacity or death or disability of the
Portfolio Manager shall be entitled to deliver the Assets
Client.
as follows:
iv. The Client may at any time terminate this Agreement
a. where the Client comprises of only one person, the
by not less than [60] days’ written notice of termination
Portfolio Manager shall be entitled to:
to the Portfolio Manager in writing. Provided that the
Client shall provide a shorter notice period to terminate i. permit the nominee of the Client (if any,
this Agreement if the events mentioned in this clause designated in the Application) or, if for any reason
have occurred after mutual discussion with the Portfolio the same is not possible or practicable, permit
Manager. such persons as the Portfolio Manager has bona
fide reason to believe are the heirs, executors or
v. The Portfolio Manager may cease to render Portfolio
administrators of the deceased Client, to operate
Management Services to the Client at any time after
the Bank Account (if opened in the name of the
receiving written notice of termination from the Client.
Client) and/or the Depository Account (if opened
vi. Upon termination of this Agreement, the Portfolio in the name of the Client), if the rules of operation
Manager shall, based on the timelines of provided by of the Bank Account and/or the Depository
Association of Portfolio Managers In India (APMI): a) Account so permit; and/or
Pay-out using Securities: Within 15 days of receipt of the ii. deliver Assets to the nominee of the Client (if
requisite documentation or 15 days from settlement of the any, designated in the Application) or, if for any
last corporate action (for client’s securities/investments), reason it is not possible or practicable to deliver
whichever is later b) Pay-out using Funds: Within 45 days the Assets to the nominee, to such persons as the
from receipt of the requisite documentation or 15 days Portfolio Manager has bona fide reason to believe
from settlement of the last corporate action (for client’s are the heirs, executors or administrators of the
securities/investments), whichever is later. . Provided deceased Client.
that if the Portfolio Manager is for any reason unable to
b. where the Client comprises of two or more persons,
sell the Securities, the Client shall be obliged to accept
the Portfolio Manager shall be entitled to:
the Securities.
i. permit the surviving person(s) who comprise the
vii. In the event of the death of the Client (or, in case the
Client (“survivor/s”) to operate the Bank Account
Client comprises of two or more persons, death of any
(if opened in the name of the Client) and/or the
such person), the legal representative of the Client (or
Depository Account (if opened in the name of
the concerned deceased person, as the case may be)
the Client), if the rules of operation of the Bank
shall inform the Portfolio Manager in writing of the
Account and/or the Depository Account so
same as soon as possible, and thereupon this Agreement
permit; and/or.
shall terminate on the expiry of 15 days of the Portfolio
ii. deliver Assets to the survivor/s. Upon acting in
Manager receiving such information. The Power of
accordance with the provisions of this clause, the
Attorney granted by the Client (or the persons comprising
Portfolio Manager shall stand discharged of all
the Client, as the case may be) shall continue to subsist
obligations hereunder or otherwise in relation to
after the demise of the Client (or the concerned person,
the Assets.
as the case may be) for a period of 30 days from the date
on which the Portfolio Manager is informed of the death ix. The provisions of this Agreement relating to
of the Client (or the concerned person, as the case may be) payment of Portfolio Management Fees and
by the legal representative of the Client (or the concerned costs, charges, expenses and other amounts to the
Portfolio Manager, choice of law, jurisdiction and 28 Representations, Warranties and Declarations
notice and all rights and obligations which have
The Client hereby represents, warrants and declares to the
accrued or arisen prior to the termination of this
Portfolio Manager as under:
Agreement shall survive the termination of this
Agreement. i. The Client has full power, capacity and authority to
execute, deliver and perform this Agreement and has taken
x. The Agreement will automatically terminate all necessary action (corporate, statutory, contractual
in the event of suspension by any regulatory or otherwise) to authorize the execution, delivery and
authority. performance of this Agreement in accordance with its
terms.
24 Waiver
ii. This Agreement has been duly executed and delivered
No forbearance, relaxation or inaction by any party at any by the Client and constitutes a legal, valid and binding
time to require the performance of any provision of this obligation of the Client, enforceable against the Client in
Agreement shall in any way affect, diminish, or prejudice the accordance with its terms.
right of such party to require the performance of that or any
iii. The execution, delivery and performance by the Client
other provision of this Agreement or be considered to be a
of this Agreement and the acts and transactions
waiver of any right, unless specially agreed in writing.
contemplated hereby do not and will not, with or without
the giving of notice or lapse of time or both, violate,
25 Alteration
conflict with, require any consent under or result in a
No change or modification of this Agreement shall be valid breach of or default under:
unless the same shall be in writing and signed by both Parties;
a. any law to which it is subject; or any order,
provided however, the Portfolio Manager may from time to
judgment or decree applicable to it; or
time alter the agreement if required, for complying with any
change in statute, Regulations or with the requirements of b. any term, condition, covenant, undertaking,
any competent authority and further provided that a Client agreement or other instrument to which it is a
request via its registered email address regarding changes party or by which it is bound.
in information submitted by the client at the time of account
iv. There are no legal, quasi-legal, administrative, arbitration,
opening with portfolio manager, changes in fees, top up or
mediation, conciliation or other proceedings, claims,
redemption that has been accepted by the Portfolio Manager
actions, governmental investigations, orders, judgments
via its registered email address shall be considered as a valid
or decrees of any nature made, existing, threatened,
amendment to this Agreement. The same shall be intimated
to the Client by the Portfolio Manager and the Client shall be anticipated or pending against the Client which may
deemed to have agreed to the alterations. prejudicially the due performance or enforceability
of this Agreement or any obligation, act, omission or
26 Notices transactions contemplated hereunder.
30 Access to information • The Client shall take all the necessary steps to ensure
i. Subject to prior notice, in writing, to the Portfolio confidentiality and secrecy of the Login ID and password
Manager, the Client shall have a right to access the of client’s e-mail account and the online desk as provided
following documents of the Portfolio Manager as listed by the Portfolio Manager.
below on business days between 11.00 hrs to 17.00hrs: • Unless the Client lodges a complaint with the Portfolio
• Registration certificate of the Portfolio Manager; Manager as to his/her/its inability to access the system,
it would be presumed that all the statements, reports
• Books of accounts of the Portfolio Manager relating to
and other documents have been properly delivered to
the transactions of the Client;
the Client. The Portfolio Manager shall not be liable or
• Disclosure Document; responsible for any breach of secrecy.
• Certificate of chartered accountant certifying the • The Client agrees that the Portfolio Manager fulfils
Disclosure Document its legal obligation to deliver to the Client any such
• The Client shall have a right to appoint an Independent statement, report or document if sent via electronic
Chartered Accountant to get his/her/its accounts with delivery at the registered e-mail account(s) provided by
the Portfolio Manager audited. However, cost of such the Client for the purpose and the Portfolio Manager has
audit shall be borne by the Client alone and the Portfolio not received any report indicating bouncing back of such
Manager shall not be responsible to bear the cost of such electronic delivery from such e-mail account(s). In other
audit. words, email sent to the registered e-mail account(s),
which has not bounced back, shall be deemed to be duly
ii. The Portfolio Manager shall maintain accounts in respect
delivered to the Client. It shall be the responsibility of the
of transactions, funds and securities of or held by the Client
Client to intimate the Portfolio Manager of any change in
separately from the accounts in respect of other Clients. The
the Client’s e-mail account(s).
Client shall be entitled to obtain the details of the Portfolio
from the Portfolio Manager. • The Portfolio Manager shall not be responsible for
non-receipt of documents sent via electronic delivery
iii. The Portfolio Manager shall, on demand by giving prior / uploading on online desk due to change in e-mail
written notice, provide the Client documents and information address/incorrect e-mail address as mentioned or any
regarding the management of the Portfolio. other reason which inter alia include technical reasons
or malfunction of the Client’s computer system / server /
iv. Nothing herein shall extend the obligation of the Portfolio internet connection etc.
Manager to provide any information relating to any other
• It shall be the responsibility of the Client to intimate the
investments or securities of the Client, which do not form
Portfolio Manager of any change in the Client’s e-mail
part of the Portfolio. account(s)
v. The Portfolio Manager may send the statements, reports and vii. All proxies, annual reports, shareholder information
other documents in respect of the Discretionary Portfolio and all other similar or related material received by the
Management Services to the Clients in physical and/or Portfolio Manager in relation to the Securities or the
electronic form and/or provide the same on online desks Funds, may be destroyed or disposed off in any manner at
which shall be accessed by the Client by virtue of a Login ID the sole option/discretion of the Portfolio Manager. The
and password given to Client by the Portfolio Manager. Portfolio Manager shall not be obliged to send any of the
aforesaid information or material to the Client.
vi. The Client hereby agrees and permits the Portfolio Manager
to provide all the statements, reports and other documents in 31 Grievance redressal and dispute settlement mechanism
respect of the Discretionary Portfolio Management Services
In the event the Client has any grievance on the services
rendered by the Portfolio Manager under the terms of this
standards or reporting that the Portfolio Manager has agreed
Agreement, in electronic form through the internet (web-
to provide, then the Client shall write to the Compliance
based) on the email account(s) provided by the Client, and/
Officer of the Portfolio Manager, whose contacts coordinates
or to make available such information on online desks with
are provided below:
restricted access to each Client. The Client further agrees as
under: Name: Mehul Shah
• The Client shall access the statements, reports and other Address: Hubtown Solaris · Office No 1, Ground Floor, NS
documents issued by the Portfolio Manager electronically Phadke Marg, Vijay Nagar Andheri East Mumbai - 400069
and/or available on online desks. The Client understands Tel: +91 9833475767
that it shall be the Client’s responsibility to review all Email: mehul.shah3@iifl.com
such statements, reports and other documents as issued /
The aforesaid personnel of the Portfolio Manager shall attend
made available online by the Portfolio Manager.
to and address any Client query or concern within 21 days as
• Such statements, reports and other documents shall be required by SEBI.
deemed to have been delivered on the day when the same
is sent electronically and/or made available / uploaded on The Portfolio Manager in compliance with SEBI vide its master
online desk by the Portfolio Manager. circular no SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/80
dated June 07, 2024 provides for “Publishing of Investor
Designation : Designation :
SCHEDULE I
CLIENT RESTRICTIONS
SCHEDULE II
DECLARATION OF CLIENT’S INTEREST IN BODY CORPORATES
I, We hereby declare that I/we may be considered as holding interest in various entities listed below which enables me/us to obtain
unpublished price-sensitive information, if any,
I/We undertake to intimate Portfolio Manager in case of any modification to the above including change in name, if any of the body
corporate.
I case any of the above mentioned body corporate(s) are currently not listed on National Stock Exchange of India Limited and / or BSE
Limited, I/we undertake to intimate the Portfolio Manager at least fifteen (15) days prior to its being listed.
I/We understand that the Portfolio Manager may not invest in the equity shares of the above-mentioned companies on my/our behalf
unless specified otherwise in writing by me/us.
I/We confirm and declare that the declarations constitute compliance with the provisions of the SEBI (prohibition of Insider Trading)
Regulations 2015 and SEBI (substantial Acquisition of Share and Takeovers) Regulations 2011and its amends thereof.
Power of Attorney
PMS Agreement
Fee Illustration
KYC Proofs
To,
Services: I/We received the Disclosure Document prior to signing of the Portfolio Management Service Agreement which I/We have read
and understood.
SCHEDULE
SCHEDULEIV
IV(CONSENT
(CONSENTFORM)
FORM)
1. This Consent Form is for the purpose of obtaining one-time consent/dissent of the Client for investment by the Portfolio Manager in its
associates / related parties in accordance with the Amended PMS Regulations read with the SEBI Circular (including Annexure A
therto).
2. As per the SEBI (Portfolio Managers) Regulations, 2020 (as amended by way of SEBI (Portfolio Managers) Amendment Regulations,
2022) dated August 22, 2022), the limits applicable for investment in the securities of associates / related parties of Portfolio Manager
are as under:
3. The Client may choose not to invest in the securities of associates / related parties of the Portfolio Manager. Further, the Client may
choose a lower limit (under para 5 of this Consent Form) for such investments than the limits prescribed at para 2 above.
4. The risk and conflict of interest associated with investment by the Portfolio Manager in the securities of its associates / related parties
are as under :
1. Risks:
The Client is requested to refer to the risk Factors for investments in securities under the Disclosure Document. In addition to the
same, the Client is requested to take note of the below mentioned risk factors which would be applicable to investments, including
investments in securities of associates / related parties of Portfolio Manager:
a. There can be no assurance that the returns on the Portfolio investments will be commensurate with the risks associated with
such investments.
b. While securities (including that of associates / related parties) that are listed on the stock exchange carry a lower liquidity risk,
the ability to sell these investments is limited by the overall trading volumes on the stock exchanges. The liquidity of the
Portfolio’s investments is therefore inherently restricted by virtue of the trading volumes in the securities in which it invests.
c. The Portfolio Manager would, subject to authorization by the Client, invest in the securities of entities which are its associated
related parties. However, this would not exceed the limits prescribed by the regulator/ SEBI or lower limits, if any, prescribed
by the Client. This could restrict the ability of Portfolio Manager to invest in the securities of its associates/related parties and
may adversely impact the target returns or the returns may not be comparable to those achieved by other similar funds
managed by the Portfolio Manager.
5. Conflict of Interest :
The Portfolio Manager will, before investing in the securities of associates / related parties, evaluate such investments. The criteria for
evaluation of such investments would be same as those that are applied to other similar investments in the Portfolio. Investments
under the Portfolio in the securities of the related parties/associates and would be subject to the prudential limits prescribed in the
Agreement executed with the respective Client and the same would be subject to the applicable laws/regulations/ guidelines. The
Portfolio Manager shall act in a fiduciary capacity in relation to the Client’s Funds and shall endeavor to mitigate any potential conflict
of interest that could arise while dealing with such related parties/associates, in a manner which is not detrimental to the Client.
5. In case the Client wants the Portfolio Manager to invest in the securities issued by associates / related parties of Portfolio Manager and
provides the consent for the same, the investments shall be subject to the following limits*:
Limit for investment in single associate Limit for investment across multiple associates /
Security
/ related party (as percentage of Client’s AUM) related elated party (as percentage of Client’s AUM)
Equity Same as Para 2 above Same as Para 2 above
For limits lower than the limits For limits lower than the limits
mentioned in Para 2 above, [ ] % mentioned in Para 2 above, [ ] %
mention the limit mention the limit
Debt and hybird Same as Para 2 above Same as Para 2 above
securities
For limits lower than the limits For limits lower than the limits
mentioned in Para 2 above, [ ] % mentioned in Para 2 above, [ ] %
mention the limit mention the limit
Equity + Debt + For limits lower than the limits mentioned in Para 2 For limits lower than the limits mentioned in Para 2
Hybird securities above, mention the limit above, mention the limit
[ ] % [ ] %
*Kindly refer to para 2 of this Consent Form. It is reiterated that the Client has the option to choose a lower limit with respect to
investments in securities of associates / related parties of the Portfolio Manager than those prescribed under para 2 above. If the Client
does not explicitly specify any lower limit, the limits in para 2 shall prevail. lf the Client does not wish to make any investments in the
securities of associates / related parties of the Portfolio Manager, it can choose the dissent option under para 7 hereunder.
6. In case of a passive breach of investment limits prescribed for investments in securities of associates / related parties of the Portfolio
Manager (i.e.., occurrence of instances not arising out of omission and/or commission of Portfolio Manager) as decided in para 5 above,
a re-balancing of the portfolio is required to be completed by Portfolio Manager within a period of 90 (ninety) days from the date of
such breach. However, the Client may give an informed, prior positive consent to the Portfolio Manager for a waiver from the
requirement of re-balancing of the Portfolio to rectify the passive breach of investment limits. The Client may choose not to provide any
waiver.
7. Please indicate consent or dissent as under:
Limits on investment
Consent : Portfolio Manager can invest in the securities of its associates / related parties within the limits agreed
upon at para 5 above.
Dissent : Portfolio Manager cannot invest in the securities of its associates / related parties.
Consent : Portfolio Manager need not rebalance the portfolio on passive breach of investment limits.
Dissent : Portfolio Manager should rebalance the portfolio on passive breach of investment limits.
(Name of Client’s)
I, accept and confirm the terms and conditions of the Discretionary Portfolio Management Services Agreement entered into including the
terms of Schedule V of this application form providing details of fees & charges and illustration to the fees and charges under Discretionary
Portfolio Management Services and understood the Risk factors provided in Disclosure Document. Please find below the fee calculation link
(https://www.iiflsecurities.com/pcg/portfolio-management-services/fees-calculator)
I, accept and confirm the terms and conditions of the Discretionary Portfolio Management Services Agreement entered into including the
terms of Schedule V of this application form providing details of fees & charges and illustration to the fees and charges under Discretionary
Portfolio Management Services and understood the Risk factors provided in Disclosure Document. Please find below the fee calculation link
(https://www.iiflsecurities.com/pcg/portfolio-management-services/fees-calculator)
I, accept and confirm the terms and conditions of the Discretionary Portfolio Management Services Agreement entered into including the
terms of Schedule V of this application form providing details of fees & charges and illustration to the fees and charges under Discretionary
Portfolio Management Services and understood the Risk factors provided in Disclosure Document. Please find below the fee calculation link
(https://www.iiflsecurities.com/pcg/portfolio-management-services/fees-calculator)
Yr 1 Yr 2 Yr 3 Yr 4 Yr 5
Hybrid Fee Illustration
Gain / (Loss) -26% Gain / (Loss) 79% Gain / (Loss) 22% Gain / (Loss) 0% Gain / (Loss) 40%
Capital Contributed / Assets under Management i 1,00,00,000 85,08,600 1,06,92,113 1,16,07,144 1,13,51,787
Portfolio Manager’ SEBI Regn. No. INP000002213
Gain / (Loss) on Investment based on the Scenario ii -26,00,000 67,21,794 23,52,265 - 45,40,715
Gross Value of the Portfolio at the end of the year iii 74,00,000 1,52,30,394 1,30,44,378 1,16,07,144 1,58,92,501
Daily Weighted Average assets under management iv 87,00,000.00 1,18,69,497.00 1,18,68,245.27 1,16,07,143.87 1,36,22,144.05
Total charges during the year viii -1,91,400 -2,61,129 -2,61,101 -2,55,357 -2,99,687
Value of the Portfolio before Performance fee ix 85,08,600 1,16,08,368 1,16,07,144 1,13,51,787 1,33,22,457
High Water Mark Value (HWM) x 1,00,00,000 50,00,000 1,16,07,144 1,16,07,144 1,13,51,787
Portfolio value in excess of Hurdle Rate Return xii FALSE TRUE FALSE FALSE TRUE
Profit share of the PMS xiii 15% 15% 15% 15% 15%
Profit Share To be taken by PMS xiv 0.00 -9,16,255.21 0.00 0.00 -1,25,323.73
Is the Performance Fee charged? xvi FALSE TRUE FALSE FALSE TRUE
Net value of the Portfolio at the end of the year after all fees and expenses xvii 85,08,600.0 1,06,92,112.9 1,16,07,143.9 1,13,51,786.7 1,31,97,133.2
High Water Mark to be carried forward for next year xix 50,00,000 1,06,92,113 1,16,07,144 1,13,51,787 1,31,97,133
Notes:
1 This is only a generic format for illustration, each portfolio manager can add numbers and method’s of calculation as per the terms and conditions of the PMS agreement and as permitted under SEBI regulations.
Gain / (Loss) on Investment based on the Scenario ii ii= i*Scenario 2,000,000 -2,000,000 -
Gross Value of the Portfolio at the end of the year iii iii= I + ii 12,000,000 8,000,000 10,000,000
Daily Weighted Average assets under management iv iv= (i + iii) / 2 1,10,00,000 90,00,000 1,00,00,000
Total charges during the year viii viii = v + vi + vii -77,000 -63,000 -70,000
Gross Value of the Portfolio before Performance fee ix ix = iii + viii 1,19,23,000 79,37,000 99,30,000
High Water Mark Value (HWM) (Capital contributed for 1st year and second year x 1,00,00,000 1,00,00,000 1,00,00,000
onwards as defined in the PMS agreement.
Hurdle Rate of return or as defined in the PMS agreement xi xi = i x e 10,00,000 10,00,000 10,00,000
Gross Value of the Portfolio before Performance fee is greater than High Water xii xii = ix > (x+xi) then Yes No Pfee No Pfee
Mark Value + Hurdle rate of return Yes else No P Fees
If Yes, proceed to performance fee calculation else 0 (zero) performance fee for the period)
Net value of the Portfolio at the end of the year after all fees and expenses xv xv = ix + xiv 1,17,84,550 1,17,84,550 99,30,000
High Water Mark to be carried forward for next year. When performance fee is xvii xvii = Max (x , xv) 1,17,84,550 1,00,00,000 1,00,00,000
charged from the portfolio itself.
High Water Mark to becarried forward for next year. When performance fee is paid xvii xvii = Max (ix , x) 1,19,23,000 1,00,00,000 1,00,00,000
separately by the investor to the PM
Notes:
1 In the illustration, Management fee is assumed to be charged annually. However, the Portfolio Manager may charge fee at any other frequency (i.e. Quarterly, Semi-annually, Annually) as defined in the PMS agreement and as permitted under SEBI
regulations.
2 Portfolio Manager can charge Management Fee on Average portfolio value for the management fee period or the closing portfolio value or in any other manner as defined in the PMS agreement & permitted under SEBI regulations.
4 Other Expenses includes Account Opening charges, stamp duty /Audit Fee/ Bank charges / Fund Accounting charges / Custody Fee / demat charges or other miscellaneous expense
5 Brokerage and transaction cost for the illustration purpose is charged on the Average AUM. However, Brokerage and Transaction cost are charged on basis the actuals trades.
7 For this illustration, High Water Mark for the 1st Year is the Capital invested and from second year onwards if performance fee is charged, it’s the year end closing value after all charges and fees, else it remains the same. However, in actual, High Water
Mark is defined in the PMS agreement and may differ from this illustration.
8 For this illustration, Hurdle rate is calculated on Higher of (HWM or previous year closing NAV). However, in actual Hurdle Rate of return is defined in the PMS agreement and may differ from this illustration.
9 Hurdle rate is prorated in case the performance fee period is less than 1 year OR if there are inflow/outflows from the portfolio
10 The above illustration shows the High Water Mark to be carried forward in different scenario for equal and fair treatment to the investor.
11 This is only a generic illustration, each portfolio manager can modify the illustration as per the terms and condition of their PMS agreement.
12 Portfolio Managers are advised to also refer to the illustrations provided in Annexure 4A of Master Circular for Portfolio Managers dated June 07, 2024.
Gain / (Loss) on Investment based on the Scenario ii ii= i*Scenario 2,000,000 -2,000,000 -
Gross Value of the Portfolio at the end of the year iii iii= I + ii 12,000,000 8,000,000 10,000,000
Daily Weighted Average assets under management iv iv= (i + iii) / 2 1,10,00,000.00 90,00,000.00 1,00,00,000.00
Total charges during the year viii viii = v + vi + vii -2,40,845 -1,97,055 -2,18,950
Gross Value of the Portfolio before Performance fee ix ix = iii + viii 1,17,59,155 78,02,945 97,81,050
High Water Mark Value (HWM) (Capital contributed for 1st year and second year x 1,00,00,000 1,00,00,000 1,00,00,000
onwards as defined in the PMS agreement.
Hurdle Rate of return or as defined in the PMS agreement xi xi = i x e 10,00,000 10,00,000 10,00,000
Gross Value of the Portfolio before Performance fee is greater than High Water xii xii = ix > (x+xi) then Yes No Pfee No Pfee
Mark Value + Hurdle rate of return Yes else No P Fees
If Yes, proceed to performance fee calculation else 0 (zero) performance fee for the period)
Net value of the Portfolio at the end of the year after all fees and expenses xv xv = ix + xiv 1,16,45,282 78,02,945 97,81,050
High Water Mark to be carried forward for next year. When performance fee is xvii xvii = Max (x , xv) 1,16,45,282 1,00,00,000 1,00,00,000
charged from the portfolio itself.
High Water Mark to becarried forward for next year. When performance fee is paid xvii xvii = Max (ix , x) 1,17,59,155 1,00,00,000 1,00,00,000
separately by the investor to the PM
Notes:
1 In the illustration, Management fee is assumed to be charged annually. However, the Portfolio Manager may charge fee at any other frequency (i.e. Quarterly, Semi-annually, Annually) as defined in the PMS agreement and as permitted under SEBI
regulations.
2 Portfolio Manager can charge Management Fee on Average portfolio value for the management fee period or the closing portfolio value or in any other manner as defined in the PMS agreement & permitted under SEBI regulations.
4 Other Expenses includes Account Opening charges, stamp duty /Audit Fee/ Bank charges / Fund Accounting charges / Custody Fee / demat charges or other miscellaneous expense
5 Brokerage and transaction cost for the illustration purpose is charged on the Average AUM. However, Brokerage and Transaction cost are charged on basis the actuals trades.
Water
6 All Fees and charges are subject to GST.
7 For this illustration, High Water Mark for the 1st Year is the Capital invested and from second year onwards if performance fee is charged, it’s the year end closing value after all charges and fees, else it remains the same. However, in actual, High
Water Mark is defined in the PMS agreement and may differ from this illustration.
8 For this illustration, Hurdle rate is calculated on Higher of (HWM or previous year closing NAV). However, in actual Hurdle Rate of return is defined in the PMS agreement and may differ from this illustration.
9 Hurdle rate is prorated in case the performance fee period is less than 1 year OR if there are inflow/outflows from the portfolio
10 The above illustration shows the High Water Mark to be carried forward in different scenario for equal and fair treatment to the investor.
11 This is only a generic illustration, each portfolio manager can modify the illustration as per the terms and condition of their PMS agreement.
12 Portfolio Managers are advised to also refer to the illustrations provided in Annexure 4A of Master Circular for Portfolio Managers dated June 07, 2024.
Assumptions
Capital Contribution (Rs.) a 10,000,000
Gain / (Loss) on Investment based on the Scenario ii ii= i*Scenario 2,000,000 -2,000,000 -
Gross Value of the Portfolio at the end of the year iii iii= I + ii 1,20,00,000 80,00,000 1,00,00,000
Total charges during the year viii viii = v + vi + vii -3,50,075 -2,86,425 -3,18,250
Net value of the Portfolio at the end of the year after all fees and expenses xv xv = ix + xiv 1,16,49,925 77,13,575 96,81,750
Notes:
1 In the illustration, Management fee is assumed to be charged annually. However, the Portfolio Manager may charge fee at any other frequency (i.e. Quarterly, Semi-annually, Annually) as defined in the PMS agreement and as permitted under SEBI
regulations.
2 Portfolio Manager can charge Management Fee on Average portfolio value for the management fee period or the closing portfolio value or in any other manner as defined in the PMS agreement & permitted under SEBI regulations.
4 Other Expenses includes Account Opening charges, stamp duty /Audit Fee/ Bank charges / Fund Accounting charges / Custody Fee / demat charges or other miscellaneous expense
5 Brokerage and transaction cost for the illustration purpose is charged on the Average AUM. However, Brokerage and Transaction cost are charged on basis the actuals trades.
7 This is only a generic illustration, each portfolio manager can modify the illustration as per the terms and condition of their PMS agreement.
8 Portfolio Managers are advised to also refer to the illustrations provided in Annexure 4A of Master Circular for Portfolio Managers dated June 07, 2024.
SCHEDULE VI
MOST IMPORTANT TERMS AND CONDITIONS (MITC) FOR THE CLIENTS OF THE PORTFOLIO MANAGERS
Name of the Portfolio Manager & SEBI Registration Number Name: IIFL Capital Services Limited (Formerly known as IIFL
Securities Limited) SEBI Registration number: INP000002213
Contact details of Portfolio Manager 022-63200627
Name of the Client (Details of all the holders) Name of First Holder:
Name of Second Holder:
Name of Third Holder:
Distributor Name
Service Opted by the Client Discretionary Portfolio Management Services
Amount Invested
Date of PMS Agreement
Risk Tolerance of the Client Low Medium High
Strategy Equity Debt
Investment Approach IIFL Bluechip Alpha Portfolio IIFL Flagship Leaders Portfolio
IIFL Liquid Portfolio
Investment tenure/horizon
Related party investments Allowed Not allowed
Fees & Charges including exit load, if any levied by the Portfolio As per Schedule V
Manager
Details of bank and demat accounts where client’s funds and
securities are kept
Tenure of the PMS agreement 3 years from the date of execution of this Agreement
Disclosure of interest in various corporate bodies by Client Yes No
Nominee along with share of each nominee in PMS, Demat and
Name of the nominee Share of nominee
Bank accounts
Nominee 1:
Nominee 2:
Nominee 3:
SCHEDULE
DECLARATION
V - PRODUCT,
FOR NAME
INVESTMENT
MISMATCH
ANDIN
FEE
PROOF
SCHEDULE
To,
Further I declare that the name mentioned in all the above documents pertains to me, Therefore, I request you to open my account and make
all payouts in the same name as mentioned in my bank proof.
SCHEDULE
DECLARATION
V - PRODUCT,
FORINVESTMENT
SIGNATUREAND
MISMATCH
FEE SCHEDULE
To,
With Reference to PMS account, the signature done on PMS application form and on Signature proof are slightly different and this
difference in signature is because of Lapse of Time.
SCHEDULE
Consent V -KYC
Letter to fetch PRODUCT, INVESTMENT
data from central AND
database like CVL FEE
KRA SCHEDULE
and CKYC database
To,
I/We understand that the details furnished in this form (like PAN, Date of birth etc.) would be utilized by IIFL Capital Services Limited
(Formerly known as IIFL Securities Limited) to fetch my / our KYC details from central database like CVL KRA and CKYC database. We
hereby provide our consent for fetching of such information.
I/ We confirm that the information and data as available on my CKYC & KRA registries is true,correct, valid and updated and IIFL Capital
Services Limited (Formerly known as IIFL Securities Limited) can rely on this information for opening PMS account.
Should there be any change in any information provided by you, please ensure you advise us promptly, i.e., within 30 days. Please note that
you may receive more than one request for information if you have multiple relationships with (Insert F1’s name) or its group entities.
Therefore, it is important that you respond to our request, even if you believe you have already supplied any previously requested
information.
$ 1t is mandatory to supply a TIN or functional equivalent if the country in which you are tax resident issues such identifiers. If no TIN is yet
available or has not yet been issued, please provide an explanation and attach this to the form.
In case a customer has the following Indicia pertaining to a foreign country and yet declares self to be non-tax resident in the respective
country, customer to provide relevant Curing Documents as mentioned below:
List of acceptable documentary evidence needed to establish the residence(s) for tax purposes;
2. Valid identification issued by an authorized government body* (e.g. Passport, National Identify card, etc.)
* Government or agency thereof or a municipality of the country or territory in which the payee claims to be a resident.
AMC contact address B. call center details Blank space for office use only
IIFL Capital Services Limited (Formerly known as IIFL Securities Limited)
Corporate Office : Hubtown Solaris, Office No. 1, Ground Floor,
NS Phadke Marg, Vijay Nagar, Andheri East Mumbai – 400069
Term F1 means any financial institution that is a Depository Institution, Custodial Institution, Investment Entity or Specified Insurance
company, as defined.
• Depository institution: is an entity, that accepts deposits in the ordinary course of banking or similar business.
• Custodial institution is an entity that holds as a substantial portion of its business, holds financial assets for the account of others
and where it’s income attributable to holding financial assets and related financial services equals or exceeds 20 percent of the
entity’s gross income during the shorter of-
(I) The three financial years preceding the year in which determination is made; or
(ii) The period during which the entity has been in existence, whichever is less.
• That primarily conducts a business or operates for or on behalf of a customer for any of the following activities or operations for
or on behalf of a customer
(i) Trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange,
interest rate and index instruments, transferable securities, or commodity futures trading; or
(iii) Investing, administering or managing funds, money or financial asset or money on behalf of other persons;
• The gross income of which is primarily attributable to investing, reinvesting, or trading in financial assets, if the entity is managed
by another that is a depository institution, a custodial institution, a specified insurance company, or an investment entity
described above.
• An entity is treated as primarily conducting as a business one or more of the 3 activities described above, or an entity’s gross
income is primarily attributable to reinvesting, or trading in financial assets of the entity’s gross income attributable to the
relevant activities equals or exceeds 50 percent of the entity’s gross income during the shorter of:
(I) The three-year period ending on 31 March of the year preceding the year in which the determination is made; or
(ii) The period during which the entity has been in existence.
The term “Investment Entity” does not include any entity that is an active non-financial entity as per codes 03,04 05 and 06-refer point
2c.)
• Specified Insurance Company: Entity that is an insurance company (or the holding company of an insurance company) that issues,
or is obligated to make payment with respect. to, a Cash Value Insurance Contract or any Annuity Contract.
Code Sub-category
11 FF1 with only Low-Value Accounts
12 FF1 with only Low-Value Accounts
13 Sponsored, Closely Held Investment Vehicle
14 Sponsored, Closely Held Investment Vehicle
Code Sub-category
Less than 50 percent of the NFE’s gross income for the preceding financial years is passive income and less than 50 percent of
01 the assets held by the NFE during the preceding financial year are assets that produce or are held for the production of passive
income;
The NFE’s is a Governmental Entity. an International Organization, a Central Bank, or an entity wholly owned by one or more of
02
the foregoing;
Substantially all of the activities of the NFE consist of holding (in whole or in part) the outstanding stock of, or providing
financing and services to, one or more subsidiaries that engage in trades or businesses other than the business of a Financial
03 Institution, except that an entity shall not qualify for this status if the entity functions as an investment fund, such as a private
equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund
companies and then hold interests in those companies as capital assets for investment purposes;
The NFE is not yet operating a business and has no prior operating history, but is investing capital into assets with the intent to
04 operate a business other than that of a Financial Institution, provided that the NFE shall not qualify for this exception after the
date that is 24 months after the date of the initial organization of the NFE;
05 The NFE was not a Financial Institution in the past five years, and is in the process of liquidating its assets or is reorganizing
The NFE primarily engages in financing and hedging transactions with, or for, Related Entities that are not Financial Institutions,
06 and does not provide financing or hedging services to any Entity that is not a Related Entity, provided that the group of any such
Related Entities is primarily engaged in a business other than that of a Financial Institution;
Any NFE that fulfills the following requirements;
• It is established and operated in India exclusively for religious, charitable, scientific, artistic, cultural, athletic, or educational
purposes; or it is established and operated in India and it is a professional organization, business league, chamber of
commerce, libor organization, agricultural or horticultural organization, civic league or an organization operated exclusively
for tire promotion of social welfare;
07
• It is exempt from income tax in India;
• lt has no shareholders or members who have a proprietary or beneficial interest in its income or assets; The applicable laws
of the NFE’s country or territory of residence or the NFE’s formation documents do not permit any income or assets of the
NFE to be distributed to, or applied for the benefit of, a private person or non-charitable Entity other than pursuant to the
conduct of the NFE’s charitable activities, or as a payment of
Code Sub-category
reasonable compensation for services rendered, or as payment representing the fair market value of property which the NFE
has purchased; and The applicable laws of the NFE’s country or territory of residence or the NFE’s formation documents require
that, upon the NFE’s formation documents require that, upon the NFE’s liquidation or dissolution, all of its assets be distributed
to a governmental entity or other non-profit organization, or escheat to the government of the NFE’s counrty or territory of
residence or any political subdivision thereof. Explanation - For the purpose of this sub-clause, the following shall be treated as
fulfilling the criteria provided in the said sub-clause, namely:-
(II) a Credit Guarantee Fund Trust for Small Industries referred to in Clause 23EB; and
(III) an Investor Protection Fund referred to in Clause (23EC), of section 10 of the Act;
(I) Any non-financial entity which is not an active non-financial entity including a publicly traded corporation or related entity of a
publicly traded company; or
(iv) Passive income The term passive income includes income by way of;
(1) Dividends,
(2) Interest
(4) Rent and royalties, other than rents and royalties derived in the active conduct of a business conducted, at least in part,by
employees of the NFE
(5) Annuities
(6) The excess of gain over losses from the sale or exchange of financial assets that given rise to passive income
(7) The excess of gains over losses from transactions (including futures, forwards, options and similar transactions) in any financial
assets,
(8) The excess of foreign currency gains over foreign currency losses
(iv) Controlling persons Controlling persons are natural persons who exercise control over an entity and includes a beneficial owner
under sub-rule (3) of rule 9 of the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005. In the case of a trust,
the controlling person means the settlor, the trustees, the protector (if any), the beneficiaries or class of beneficiaries, and any
other natural person exercising ultimate effective control over the trust. In the case of a legal arrangement other than a trust,
controlling person me persons in equivalent or similar positions.
Pursuant to guidelines on identification of Beneficial Ownership issued vide SEBI circular no. CIR/MIRSD/2/2013 dated January
24, 2013, persons (other than Individuals) are required to provide details of Beneficial Owner(s) (‘BO’). Accordingly, the beneficial
Owner means ’Natural Person’, who, whether acting alone or together, or through one or more juridical person, exercises control
through ownership or who ultimately has a controlling ownership interest of/entitle ments to:
i. More than 10% of shares or capital or profits of the juridical person, where the juridical person is a company;
ii. More than 10% of the capital or profits of the juridical person, where the juridical person is a partnership; or
iii. More than 10% of the property or capital or profits of the juridical person, where the juridical person is an
unincorporated association or body of individuals.
Where the client is a trust, the financial institution shall identify the beneficial owners of the client and take reasonable
measures verify the identity of such persons, through the identity of the settler of the trust, the trustee, the protector, the
beneficiaries with 10% or more interest in the trsut and any other natural person excercising ultimate effective control
over the trust through a chain of control or ownership. Where no natural person is identified the identity of the relevant
natural person who holds the position of senior managing official.
Code Sub-category
01 CP of legal person - ownership
02 CP of legal person - other means
03 CP of legal person - other means
04 CP of legal arrangement - trust - settlormps
05 CP of legal arrangement - trust - trustee
06 CP of legal arrangement - trust - protector
07 CP of legal arrangement - trust - beneficiary
08 CP of legal arrangement - trust - other
09 CP of legal arrangement - Other - settlor equivalent
10 CP of legal arrangement - Other - trustee equivalent
11 CP of legal arrangement - Other - trustee equivalent
12 CP of legal arrangement - Other - protector equivalent
(i) A corporation the stock of which is regularly traded on one or more established securities markets;
(ii) Any corporation that is a member of the same expanded affiliated group, as defined in section 1471(e)(2) of the U.S. Internal
Revenue Code, as a corporation described in clause
(iii) The United States or any wholly owned agency or instrumentality thereof;
(iv) Any state of the United States, any U.S. Territory, any Political Subdivision of any of the foregoing, or any wholly (owned agency
or instrumentality of any one or more of the foregoing;
(v) Any organization exempt from taxation under section 501(a) of the U.S. Internal Revenue Code or an individual retirement plan
as defined in section7701(a)(37) of the U.S. Internal Revenue Code;
(vi) Any bank as defined in section 581 of the U.S. Internal Renenue Code;
(vii) Any real estate investment trust as defined in section 856 of the U.S. Internal Revenue Code
(viii) Any regulated investment company as defined in section 851 of the U.S. Internal Revenue Code or any entity registered with
the U.S. Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 80a-64);
(ix) Any common trust fund as defined in section 584(a) of the U.S. Internal Revenue Code;
(x) Any trust that is exempt from tax under section 664© of the U.S. Internal Revenue Code or that is described in section 4947(a)(1)
of the U.S. Internal Revenue Code;
(xii) A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures,
forwards, and options) that is registered as such under the laws of the United States or any State
(xii) A broker as defined in section 6045© of the U.S. Internal Revenue Code; or
(xiii) Any tax-exempt trust under a plan that is described in section 403(b) or section 457(g) of the U.S. Internal
Revenue Code.
(b) The FFI is not owned by or related to any FFI that is a depository institution, custodial institution, or specified
insurance company;
(c) The FFI does not maintain a financial account for any non participating FFI;
(d) The FFI provides the designated withholding agent with all of the documentation and agrees to notify the
withholding agent if there is a change in circumstances; and
(e The designated withholding agent agrees to report to the IRS (or, in the case of a reporting Model 1 IGA, to the
relevant foreign government or agency thereof) all of the information described in or (as appropriate) with respect
to any specified U.S. persons and (2). Notwithstanding the previous sentence, the designated withholding agent is
not required to report information with respect to an indirect owner of the FFI that holds its interest through a
participating FFI, a deemed-compliant FFI (other than an owner-documented FFI) an entity that is a U.S. person, an
exempt beneficial owner, or an excepted NFE.
A direct reporting NFE means a NFE that elects to report information about its direct or indirect substantial U.S. owners
to the IRS.
Code Sub-category
A An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 770(a)(37)
B The United States or any of its agencies or instrumentalities
C A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or
instrumentalities
D A corporation the stock of which is regularly traded on one or more established securities markets, as described in Reg.
section 1.1472-1(c)(1)(I)
E A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-
1(c)(1)(I)
F A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures,
forwards, and options) that is registered as such under the laws of the United States or any state
G A real estate investment trust
H A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under
the Investment Company Act of 1940
I A common trust fund as defined in section 584(a)
J A bank as defined in section 581
K A broker
L A trust exempt from tax under section 664 or described in section 4947(a)(1)
M A tax exempt trust under a section 403(b) plan or section 457(g) plan
LIST OF TWO - DIGIT STATE / U.T. CODES AS PER INDIAN MOTOR VEHICLE ACT, 1988
State / U.T. Code State / U.T. Code State / U.T. Code
Gujrat GJ Nagaland NL
Haryana HR Orissa OR