DSP
DSP
ADDRESS
PAN
SIGNATURE OF
NOMINEE / GUARDIAN
I/We hereby apply to become a distributor of DSP Asset Managers Pvt. Ltd. (DSPAM) for distribution of units of DSP Mutual Fund (DSPMF). I/We hereby declare that the information furnished is true
DECLARATIONS
and correct to the best of my/our knowledge and belief. If appointed as a distributor, I/ We agree to abide by the rules and regulations of DSPAM that may be in force from time to time. I/We hereby
confirm that I and all people engaged in sales and marketing of the units of DSPMF in my/our organisation have valid AMF / NISM certificates and photo identity card with ARN issued by AMFI/NISM.
I/ we hereby confirm that. I/We and all people engaged in sales and marketing of the units of DSPMF in my/our organisation have read and understood the SEBI Code of Conduct for Intermediaries of
Mutual Funds and will strictly comply with the same. I/We declare that there have been on disciplinary proceedings SEBI Code of Conduct for Intermediaries of Mutual Funds and will strictly comply
with the same. I/We declare that there have been no disciplinary proceedings ever against me/us by the SEBI or any other regulatory authority,. I/We declare that the above information is true and fair to
the best of my/our knowledge and belief, and I/We undertake to immediately inform DSPAM about changes, if any, in the above details. I/We further undertake to submit the documentation and signed
agreement as required by DSPAM within seven days of allotment of temporary distributor code. I/We also authorize DSPAM TO withhold the brokerage due to me/us till the submission of the
documentation and signed agreement, to the satisfaction of DSPAM.
I/We hereby declare that none of the employees of the AMC, Mutual Fund, Sponsor, Associate is related to me/us as on this date of empanelment. Further, in case there is any change in aforesaid
declaration, the same shall be intimated to the AMC on immediate basis.
SIGNATURE
(With Company’s Seal)
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Recom m ended b y*
FOR DSPAM USE
Approve d b y*
Non-Individuals:
ARN Certi cate of the Corporate (Certi cate of Registration)
Attested copy of the list of authorized signatories with specimen signatures
Photocopy of the Cheque of the Bank Account mentioned.
Attested copy any one of the following:
Letter of Authorisation from Partners / Chairman / Managing Director / CEO / Authorised Person for distribution of
Mutual Funds.
Cert d Board resolution
true copy of MoA/AoA
Certified true copy of Partnership Deed & LLP agreement
Know Your Distributor (KYD)
Copy of PAN
Notes,
for DSPAM use only
Distributor Agreement
THIS AGREEMENT is entered into at Mumbai on the date mentioned in discretion and without being required to assign any reason, allot or refuse
the Schedule to this Agreement (“Schedule”) between DSP ASSET to allot additional code numbers to the Distributor and on such terms and
MANAGERS PRIVATE LTD. (Asset Management Company to DSP Mutual conditions as DSPAM thinks fit.
Fund) a private limited company incorporated under the Companies Act, 1956,
“Guidelines” means and includes all instructions, procedures, manuals Distributor shall not be entitled to claim or receive any Brokerage if the
etc. issued by DSPAM to the Distributor from time to time.
number(s) at the concerned place on the application forms, as the case
“Scheme Information Document” or “ SID” means a document may be, or if the Broker’s code number(s) is/are for any reason illegible,
issued by the Fund, as amended from time to time (including by way of unclear, overwritten, mutilated, altered or otherwise tampered with.
addendum or otherwise) offering Units of the respective Schemes/plans
for subscription. 3. PROMOTION OF BUSINESS/DISTRIBUTION ACTIVITIES:
“Scheme” shall mean and include any Scheme that is offered by DSPAM
presently or in future.
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Agreement and all Guidelines, to the satisfaction of DSPAM.
a. The criteria to be used in review of products and the
periodicity of such review.
b. The factors to be included in determining the risk appetite
and other items whatsoever belonging to DSPAM and which come into of the customer and the investment categorization and
the Distributor’s power or possession under, pursuant to or in connection periodicity of such review.
with this Agreement will remain the sole and absolute property of DSPAM
and the Distributor shall have no claim, lien, right of retention, sale or set- escalation and resolution process by internal audit.
off or other right, title or interest therein for any reason whatsoever.
review of all personnel engaged in this business.
e. Customer on boarding and relationship management
the investors/ Registrar/DSPAM to redress complaints from investors/ process, servicing standards, enquiry / grievance handling
unitholders. mechanism.
f. Internal / external audit processes, their comments /
observations as it relates to MF distribution business.
g. Findings of ongoing review from sample survey of
investors
subject to final acceptance by the Fund. Further, the DSPAM / Fund shall
not accept any order which is placed on a conditional basis or subject to
any delay or contingency prior to execution.
Distributor selling of such products.
SEBI/AMFI and any other laws, rules, regulations that may be applicable
to its business of distribution of mutual fund units. mode) payable to it/them for the different competing Schemes of various
Mutual Funds from amongst which the Scheme is being recommended to
the investor/client and shall also abide with SEBI circular number SEBI/
its due compliance with the applicable SEBI regulations and guidelines.
(a) If applicable, the distributor will give full co-operation to
AMC to carry out the necessary due diligence to satisfy the
(b) The Distributor shall ensure that at any given point of would arise from the distributor while selling such products.
time, the following processes are delinked from sales and
(i) Customer risk / investment objective evaluation guidelines issued by SEBI from time to time pertaining to mutual funds
its proper due diligence for conduct of IPV and ensures compliance of
i. The distributor has information to believe that the
transaction is not appropriate for the customer, a written Client. Sub distributor needs to mention ARN of its Distributor while
communication be made to the investor regarding the doing the IPV.
unsuitability of the product and such communication
shall have to be duly acknowledged and accepted by
investor.
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The Distributor agrees to assist DSPAM in procuring and verifying all
the AMC from time to time. Distributor belonging to “New Cadre of relevant information and documents pertaining to the client, as per the
Distributors” are prohibited from selling any other schemes of the Fund. requirements communicated by DSPAM from time to time, to comply
with the PMLA and other related requirements stipulated by any statutory
4. INTELLECTUAL PROPERTY RIGHTS authority.
4.1 The Distributor may in all correspondence, commercial documents, name 7. SUSPICIOUS TRANSACTION REPORTING
plates, or other signs at its place of business describe itself as “Distributor
for sale of Units of DSP Mutual Fund” and shall not describe itself as a DSPAM
Distributor of DSPAM in any other capacity whatsoever in respect of the PMLA Act and rules framed thereunder to make suspicious transaction
above Business.
Government of India on monthly basis. The Distributor agrees to assist
DSPAM DSPAM in all respect for the said suspicious transaction reporting.
(or any logo or mark similar thereto) in any manner whatsoever, unless
prior approval in writing is obtained from DSPAM.
5.1 The Distributor shall not do, print or publish anything which is illegal, the customer/client is obtained in all cases
unethical, fraudulent, improper or questionable or which may be
detrimental to the reputation of DSPAM or which may be in any manner 7.2.2 Shall promptly analyze queries raised by DSPAM regarding suspicious
harmful to or against the interests of DSPAM or which may result in a
contravention of the provisions of SEBI Regulations, or any amendement enhanced level of due diligence wherever required without the concerned
thereto or any law, rules, regulations, statutes or any guidelines of a customer being tipped off of such queries
statutory authority from time to time in force
organization.
law, the Distributor shall promptly comply and get itself registered or
(b) The Distributor shall be registered with AMFI and must obtain client.
valid AMFI Registration Number (ARN) and shall satisfy all the
the employees of the distributors engaged in marketing and selling of shareholders/investors where the distributor’s client holds an account
Units of mutual funds shall possess a valid photo-identity card with other than a personal account.
the ARN of the distributor they represent. The Distributor and its
employees and agents shall also comply with the relevant provisions
of the Guidelines/Code of Conduct issued by SEBI /NISM /AMFI with the EU or UN sanctions list.
from time to time.
in connection with the Business shall be only by means of Account 8. ASSIGNMENT AND LIMITATION OF LIABILITY
Payee cheques, or demand drafts drawn in favour of “DSP Trustee
Distributor shall not accept cash, money orders, postal orders or any on behalf of DSPAM nor in any way pledge DSPAM’s credit.
other form of remittance in connection with the Business and DSPAM
shall not be concerned with or liable for any such transactions.
(b) In case when the Distributor is a bank, notwithstanding above, manner make or create any third party right or interest in this Agreement
subscriptions by way of transfer of funds from the investors account
with the Distributor bank to the Fund’s/ Scheme’s account with that
Distributor bank would not fall in other form of remittances referred
above. DSPAM/Trustee/Fund in its possession for the service charges payable to
the Distributor for distributing Units of the Fund.
5.4 The Distributor shall not mishandle or misappropriate any amount
or payment instrument received by it and shall duly deal with every 9. TO INFORM IN EVENT OF CHANGE OF STATUS
document, amount and payment instrument strictly in accordance with
law.
individual) his / her residential status is that of an Indian Citizen resident
5.5 The Distributor represents and warrants that all statements made and in India or (in case the Distributor is a sole proprietary concern) the
information which has been and/or which may hereafter be given by Distributor’s sole proprietor’s residential status is that of an Indian Citizen
the Distributor to DSPAM for or in connection with the Distributor’s
enrollment as a Distributor is / shall be correct and complete and is not /
shall not be misleading (whether by reason of omission to state a material Distributor is a company) the Distributor is a company incorporated in
fact or for any other reason). India; and the Distributor agrees and undertakes to inform DSPAM in the
event of any change in its or its partners’ (as the case may be) status be it
6. KNOW YOUR CLIENT residential or otherwise.
The Distributor agrees to comply with all applicable laws and regulations
Distributor from DSPAM shall not be repatriated outside India in any form
whatsoever.
to the Distributor and shall maintain and retain records of the customer
as per the provisions of Prevention of Money Laundering (Maintenance 10. APPOINTMENT OF SUB-DISTRIBUTOR
Laundering requirements, if any provided by DSPAM to the Distributor. necessary, provided however that each such sub-distributor appointed by
The Distributor agrees that DSPAM reserves the right to call for any
documents pertaining to the Distributors; clients that may be required
by it for furnishing to any authority or a Government Agency like FIU, approvals or licenses required to act in such capacity and the Distributor
SEBI, RBI or its auditors in line with PMLA. will be responsible for the acts of the sub-distributors.
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b. The Distributor shall in particular ensure that sub-distributors (and if
11.6 In the event of excess payment of brokerage to the Distributor, DSPAM
all its employees including temporary employees and trainees, agents, shall have the right to deduct and appropriate the excess amount from
servants and representatives engaged in sales and marketing of Units any amounts subsequently payable by the DSPAM to the Distributor. In
the event that no subsequent amount is payable by the DSPAM to the
Distributor, the Distributor shall refund the same to the DSPAM within
30 days of demand by the DSPAM.
c. The Distributor agrees that the agreement if any, between the Distributor
and sub-distributor(s) shall not contain any clauses which are contrary to In addition to the brokerage which DSPAM may pay to the Distributor
what is stated in this Agreement. However if the said agreement contains under the provisions of this Agreement, DSPAM may (but shall not be
clauses which require prior approval of the AMC, the said clauses shall obliged to) offer incentive for Distributors whereunder DSPAM may pay
be effective only after such approval is obtained by distributor from the compensation to Distributors as per the scheme. DSPAM may also at its
AMC in writing. discretion at any time and from time to time introduce, modify, add to,
discontinue and re-introduce any such Scheme or Schemes.
d. The Distributor shall be responsible for supervising the activities of such
sub-distributors appointed by it and shall be responsible to ensure that
each sub-distributor shall act at all times in compliance with all applicable brokerage /fees or pay any commission or other amount or any gift to
laws and rules. any investor.
e. The Distributor shall ensure that the sub-distributor (and if the sub- 11.9 The Distributor (individual) should avail nomination facility and nominate
any person to whom in case of death the amount payable in respect of the
employees including temporary employees and trainees, agents, servants commission pertaining to the units canvassed by the Distributor shall vest
and to whom such amount shall then be payable.
imposed by the AMC.
12. TRAIL COMMISSION
f. The Distributor agrees that there is prima facie no relationship between
the AMC and the sub distributor(s) appointed by the Distributor. The Notwithstanding anything stated above, DSPAM shall be liable to pay,
AMC would only capture the sub distributor code appearing in the and the Distributor shall be entitled to receive, trail commission after
purchases, switches, if provided in the transaction feeds. the termination of this Agreement (even in respect of the period prior to
termination and/or in respect of the Business procured by the Distributor
g. The AMC will not be responsible for payment of any compensation or prior to termination).
brokerage to sub-distributors and any payment to such sub-distributors
shall be the sole responsibility of the Distributor.
mutandis to any trail commission, which may be paid by DSPAM to the
11. PAYMENT Distributor.
11.1 DSPAM shall pay brokerage / commission/ transaction charges to the 13. TERMINATION
Distributor strictly in accordance with the details made available to
DSPAM by the concerned Registrar to the Schemes. However DSPAM
will have all rights to withhold brokerage / commission etc till the time accordance with the provisions of this Agreement.
the statutory requirements if any laid down by SEBI / AMFI or any other
regulatory authority are complied with.
result in the termination of the Distributor’s enrollment as a Distributor
The Distributor agrees that in case of purchases/switches into any fund, under this Agreement) at any time without assigning any reason by giving
all upfront payments of any nature whatsoever, including incentives or 15 days written notice to the other party .
commissions made by DSPAM to the Distributors on account of these
transactions will be subject to a complete and/or proportionate claw-
back. enrollment as a Distributor, DSPAM shall be liable to pay to the Distributor,
and the Distributor shall be entitled to receive, only such brokerage (i)
The period of claw-back may be related to the exit load period, if as is payable to the Distributor in respect of Business procured by the
applicable. In cases where the claw-back period is not related to the Distributor prior to the termination of this Agreement; [and (ii) in respect
period of exit load, the period considered for the purpose of claw-back of which the details have been received by DSPAM from the concerned
shall be for a minimum time frame of one year in case of equity oriented registrar within nine months of the date of the termination of this
schemes and minimum period of three months for all other schemes or as Agreement;] and (iii) which is collected by the Distributor within nine
may be prescribed. months of the date of the termination of this Agreement. The Distributor
shall not be entitled to any compensation, damages or other amount
This amount to be clawed back will be set off against future payments to whatsoever for any reason whatsoever.
the distributor or refunded by way of a direct payment from the distributor
to the DSPAM.
and claims of either party which may have accrued or arisen prior to the
DSPAM termination.
in the brokerage structure by ordinary post or any other mode of
communication. The rates of brokerage payable may differ from Scheme
to Scheme and from time to time and the Distributor shall keep itself over all pending applications, necessary papers, forms, applications,
(including its personnel if any) constantly informed of the same from payment instruments, documents, etc. to DSPAM and give DSPAM full
time to time before doing any Business. co-operation and information to ensure and assist in the smooth transfer
of all such pending applications to DSPAM.
11.3 The Distributor is aware that DSPAM may prospectively revise brokerage
14. CONFIDENTIALITY
DSPAM shall be entitled to prospectively revise the rates of brokerage
payable by DSPAM to all brokers (including the Distributor) in such The Distributor recognises, accepts and agrees that all facts, data, customer
manner as DSPAM thinks fit and proper. databases and information, manuals, details, material, Guidelines and
other information whatsoever which may be given or communicated
11.4 All payments to the Distributor shall be subject to the relevant provisions to the Distributor or its personnel or produced by or as a result of the
of the Income Tax Act, 1961 and other applicable laws. services rendered by the Distributor pursuant to this Agreement or to
which the Distributor or its personnel may be privy pursuant to or in
11.5 Brokerage will be paid either by account payee cheque, demand draft connection with this Agreement and/or in the course of performance
or any other direct credit arrangement at the discretion of DSPAM in the of its services pursuant to this Agreement shall be and remain the sole
name of the Distributor (and not in the name of any nominee or other property of DSPAM and shall be kept strictly private and confidential by
person). No brokerage will be paid in cash. the Distributor and its personnel.
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Agreement shall not prevent the subsequent enforcement of that term and
15. GRIEVANCES shall not be deemed to be a waiver of any subsequent breach.
In all grievances regarding payment of brokerage or any other amount 20. CANCELLATION OF PREVIOUS AGREEMENTS
the Distributor shall quote its exclusive code number or the concerned
additional code numbers, as the case may be, and such other details as All previous agreements and arrangements, if any, made between
are necessary for expediting redressal of such grievances. The Distributor DSPAM and the Distributor in connection with the subject matter of this
Agreement are hereby canceled, but without prejudice to any rights or
such brokerage or other amount by the Distributor and the Distributor obligations which have already accrued to either party thereunder.
shall not be entitled to make any grievance thereafter.
21. AMENDMENT
16. INDEMNITY
DSPAM shall have the right to change, alter, amend, add to and/or delete
The Distributor agrees to indemnify and hold harmless DSPAM, Trustee any of the terms and conditions of this Agreement without assigning any
and/or the Fund from and against any and all costs, charges, claims, reason whatsoever.
like which may be caused to or suffered by or made or taken against 22. JURISDICTIONS
the DSPAM, Trustee and/or the Fund arising out of or in connection
with any suit, action, claim, regulatory investigation or action or the
like (including without limitations any claims or proceedings by any
investor against DSPAM or Trustee / Fund) : (i) due to any unauthorised, this Agreement or anything done or omitted to be done pursuant hereto
misleading, false or inaccurate information, documentation, literature or shall be subject to the exclusive jurisdiction of the civil courts in Mumbai.
material representation relating to the Schemes/ Fund which is made/
issued/ given by the Distributor to its customers, (ii) directly or indirectly
arising out of the breach of this Agreement by the Distributor or any of its STATE) in accordance with the law of jurisdiction and judgment upon
personnel or of any fraudulent, improper, incorrect, wrongful or negligent the award rendered by the arbitrators may be entered in any court having
performance, work, service, act or omission by the Distributor or any of jurisdiction thereof.
its personnel or willful misconduct of either party or any of its employees,
23. NOTICE
of laws, rules and regulations of jurisdictions where they carry out their
operations in the capacity as distributors Any notice or other communication in connection with this Agreement
shall be in writing and shall be addressed to DSPAM or the Distributor
17. ACTS OF COMMISSION AND OMISSION at their respective addresses mentioned in this Agreement or any other
address in India which the concerned party has intimated to the other
party in accordance with the provisions of this Agreement.
over all pending applications, necessary papers, forms, applications,
payment instruments, documents, etc. to DSPAM and give DSPAM full 24. MISCELLANEOUS
co-operation and information to ensure and assist in the smooth transfer
of all such pending applications to DSPAM.
neuter gender includes reference to the feminine and masculine genders
DSPAM and vice versa.
deeds or things committed, omitted or performed by the Distributor nor
shall DSPAM be liable or responsible for any claims or actions arising as
a result of any such acts, deeds or things. does not and shall not constitute or deemed to constitute a partnership
or joint venture or agency of any kind under the Indian Contract Act or
any other law for the time being in force and does not create and shall
list supplied to DSPAM or in the event of any successful application(s) not be deemed to create any employer-employee or principal-agent
appearing under a different DSPAM Broker code number then the same relationship between the parties. Accordingly, the Distributor does not
shall be followed up by the Distributor directly with the concerned have an authority to assume or create any obligation or responsibility
registrars to the Scheme, and DSPAM shall assist the Distributor in on behalf of DSPAM or bind DSPAM in any manner whatsoever. The
following up the same. Distributor also shall not, and shall not be entitled to, by written or oral
act, omission, word or deed make any statement on behalf of DSPAM or
demand by DSPAM at any time, the Distributor shall forthwith (and in any manner bind DSPAM or hold out or represent that the Distributor
is representing or acting as agent of DSPAM. Save and except as may be
to be delivered to DSPAM all writings, material, information, forms, expressly permitted by DSPAM, the Distributor and its personnel shall not
agreements, letters, customer communications, books, booklets, lists, use the name and/or trademark / logo of DSPAM in any sales or marketing
reports, statements, property, instruments, training manuals, video tapes, publication or advertisement, or in any other manner without the prior
copies, etc. and all other documents, writings and items of DSPAM or written consent of DSPAM.
relating to this Agreement or the services provided by the Distributor DSPAM
hereunder without claiming any lien, right of possession or retention or harmless from and against any and all claims of third parties that would
other right whatsoever in respect thereof. not have arisen but for an act or omission by Distributor that is contrary of
the above acknowledged relationship or any other term thereof.
18. CLIENT COMPLAINTS
DSPAM shall not be obliged to entertain any complaints that the shall not be deemed to affect the interpretation or construction of this
Distributor’s client(s) may have regarding any matter done or omitted Agreement or of any clause.
by the Distributor consequent to or in relation to this Agreement or the
Business. DSPAM
DSPAM
19. WAIVER
19.1 No failure or delay in exercising any right, power or privilege under this obligations under this Agreement if the performance is prevented,
Agreement by DSPAM shall operate as a waiver thereof nor shall any
single or partial exercise of any right, power or privilege preclude any such case its obligations shall be suspended for so long as the Force
other or further exercise thereof, or the exercise of any other right, power Majeure Event continues. Each party shall promptly inform the other of
or privilege.
a mutually acceptable solution.
No waiver by DSPAM of any breach of any of the terms of this Agreement
shall be effective unless such waiver is expressed in a writing signed by “Force Majeure Event” means any event due to any cause beyond the reasonable
DSPAM; and the waiver by DSPAM of breach of any of the terms of this control of the Party, including, without limitation, unavailability of any
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commotion, strikes , riots, insurrection, war or acts of government.
Bribery
b. neither Distributor nor its controlled entities, if any, has taken nor will
take any action in furtherance of an offer, payment, promise to pay,
receipt, acceptance or authorization of the payment or giving or receiving
of anything of value, either directly or indirectly, to or from any person
while knowing that all or some portion of the money or value will be
d. Distributor shall create and maintain precise and accurate books and
Agreement. Upon request, AMC shall have the right to inspect such
under this Agreement. Distributor will fully cooperate with any such
inspection that may be conducted;
f. AMC shall not be obligated under this Agreement to take any action or
omit to take any action that it believes, in good faith, would cause it to be
in violation of any applicable anti-corruption laws.
*Controlled entities include subsidiaries and entities that are accustomed to act
in accordance with your advice, directions or instructions
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Schedule
(I) Date of Agreement
(ii) Distributor’s Name
Address and Constitution
(Designation)
(N.B.: - Please attach a c d true copy of the Partnership Deed in case the Distributo r is a Partnership m or attach a c d true copy of the
Board Resolutio n / Memorandum and Articles of Association/ Letter from Chairman or Managing Director or CEO in case the Distributor is
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a Company or a copy of the Trust Deed in case the Distributor is a Trust).
(Designation)
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TH IS P AGE H AS B E E N IN TE N TION AL LY L E F T B L AN K