1996 - Mutual Fund Regulations - 9th Schedule
1996 - Mutual Fund Regulations - 9th Schedule
1996 - Mutual Fund Regulations - 9th Schedule
248
iii t) Regulations,
2008 w.e.f. 16-4-2008.
249
Inserted by the SEBI (Mutual Funds) (Amendment) Regulations, 2008, w.e.f. 16-4-2008.
250
Substituted by the SEBI (Mutual Funds) (Amendment) Regulations, 2001 w.e.f. 23-1-2001.
Page 96 of 117
made by debiting to the revenue account the income so accrued in the manner
specified by guidelines issued by the Board.]
h. When in the case of an open-ended scheme units are sold, the difference between the
sale price and the face value of the unit, if positive, should be credited to reserves
and if negative be debited to reserves, the face value being credited to Capital
Account. Similarly, when in respect of such a scheme, units are repurchased, the
difference between the purchase price and face value of the unit, if positive should
be debited to reserves and, if negative, should be credited to reserves, the face value
being debited to the capital account.
i. In the case of an open-ended scheme, when units are sold and appropriate part of the
sale proceeds should be credited to an Equalisation Account and when units are
repurchased an appropriate amount should be debited to Equalisation Account. The
net balance on this account should be credited or debited to the Revenue Account.
The balance on the Equalisation Account debited or credited to the Revenue
Account should not decrease or increase the net income of the fund but is only an
adjustment to the distributable surplus. It should, therefore, be reflected in the
Revenue Account only after the net income of the fund is determined.
j. In a close-ended scheme 251[launched prior to the commencement of the Securities
and Exchange Board of India (Mutual Funds) (Amendment) Regulations, 2009]
which provide to the unit holders the option for an early redemption or repurchase
their own units, the par value of the unit has to be 252[debited] to Capital Account
and the difference between the purchase price and the par value, if positive, should
be 253[credited] to reserves and, if negative, should be 254[debited] to reserves. A
proportionate part of the unamortized initial issue expenses should also be
transferred to the reserves so that the balance carried forward on that account is
proportional to the number of units remaining outstanding.
k. The cost of investments acquired or purchased should include brokerage, stamp
charges and any charge customarily included in
of privately placed debt instruments any front-end discount offered should be
reduced from the cost of the investment.
l. Underwriting commission should be recognised as revenue only when there is no
devolvement on the scheme. Where there is devolvement on the scheme, the full
underwriting commission received and not merely the portion applicable to the
devolvement should be reduced from the cost of the investment.
255
[m. In case of real estate mutual fund scheme, investments in unlisted equity shares
shall be valued as per the norms specified in this regard.
251
Inserted by the SEBI (Mutual Funds) (Amendment) Regulations, 2009, w.e.f. 8-4-2009.
252
-1-
1998.
253
-1-1998.
254
Su -1-
1998.
255
Inserted by the SEBI (Mutual Funds) (Amendment) Regulations, 2008, w.e.f. 16-4-2008.
Page 97 of 117
256
[Part B: For direct investment in real estate asset
Definitions
1. In this Part, unless the context otherwise requires-:
(a) or which an asset could be exchanged between
valuer;
(b
about the nature and characteristics of the real estate asset, its actual and potential uses,
and market conditions at the balance sheet date;
2. A real estate asset that is held by a real estate mutual fund scheme shall be valued at
fair value.
3. Where a portion of the real estate asset is held to earn rentals or for capital appreciation
and if the portions can be sold or leased separately, the real estate mutual fund scheme
shall account for the portions separately.
Initial Recognition
4. A real estate mutual fund scheme shall recognise a real estate asset if:
(a) it is probable that the future economic benefits that are associated with the real
estate asset will flow to the real estate mutual fund scheme; and
(b) the cost of the asset can be measured reliably.
5. A real estate mutual fund scheme shall evaluate all its real estate asset costs including
those incurred initially to acquire a real estate asset and those incurred subsequently to
add to, replace part of, or service a real estate asset, at the time they are incurred:
Provided that a real estate mutual fund scheme shall not recognise in the carrying
amount of a real estate asset the costs of the day-to-day servicing of such an asset and
such costs shall be recognised in the revenue account as incurred.
6. A real estate mutual fund scheme may acquire parts of real estate assets through
replacement. For example, the interior walls may be replacements of original walls.
Under the recognition principle, an real estate mutual fund scheme shall recognise in the
carrying amount of a real estate asset, the cost of replacing part of an existing real estate
asset at the time that cost is incurred if the recognition criteria are met. The carrying
amount of those parts that are replaced shall be derecognised in accordance with the
derecognition provisions given in later paragraphs.
7. The real estate asset shall be recognized on the date of completion of the process of
transfer of ownership i.e. the date on which the real estate mutual fund scheme obtains an
enforceable right including all significant risks and rewards of ownership.
256
Inserted by the SEBI (Mutual Funds) (Amendment) Regulations, 2008, w.e.f. 16-4-2008.
Page 98 of 117
Measurement at initial recognition
8. A real estate asset shall be measured initially at cost. Such cost shall comprise
purchase price and any other directly attributable expenditure such as professional fees
for legal services, registration expenses and asset transfer taxes.
9. If the payment for a real estate asset is deferred, its cost is the cash price equivalent. A
real estate mutual fund scheme shall recognise the difference between this amount and
the total payments as interest expense over the period of credit.
10. A real estate mutual fund scheme may acquire one or more real estate assets in
exchange for a non-monetary asset or assets, or a combination of monetary and non-
monetary assets. The cost of such a real estate asset shall be measured at fair value unless
(a) the exchange transaction lacks commercial substance or (b) the fair value of neither
the asset received nor the asset given up is reliably measurable. The acquired real estate
asset shall be measured in this manner even if an real estate mutual fund scheme cannot
immediately derecognize the asset given up. If the acquired real estate asset cannot be
measured at fair value, its cost shall be measured at the carrying amount of the asset
given up.
11. A real estate mutual fund scheme determines whether an exchange transaction has
commercial substance by considering the extent to which its future cash flows are
expected to change as a result of the transaction
Explanation: An exchange transaction has commercial substance if:
(a) the configuration (risk, timing and amount) of the cash flows of the asset received
differs from the configuration of the cash flows of the asset transferred, or
(b) the real estate mutual fund scheme-specific value of the portion of the real estate
exchange, and
(c) the difference in (a) or (b) is significant relative to the fair value of the assets
exchanged.
For the purpose of determining whether an exchange transaction has commercial
substance, the real estate mutual fund scheme-specific value of the portion of the real
-tax
cash flows. The result of these analyses may be clear without an real estate mutual fund
scheme having to perform detailed calculations.
12. The fair value of an asset for which comparable market transactions do not exist is
reliably measurable if (a) the variability in the range of reasonable fair value estimates is
not significant for that asset or (b) the probabilities of the various estimates within the
range can be reasonably assessed and used in estimating fair value. If the real estate
mutual fund scheme is able to determine reliably the fair value of either the asset received
or the asset given up, then the fair value of the asset given up is used to measure cost
unless the fair value of the asset received is more clearly evident.
Page 99 of 117
Subsequent Measurement
13. After initial recognition, a real estate asset held by a real estate mutual fund scheme
shall be measured at its fair value.
14. A gain or loss arising from a change in the fair value of the real estate asset shall be
recognised in the Revenue Account for the period in which it arises. The gain that arises
from the appreciation in the value of real estate asset is an unrealised gain and thus the
same cannot be distributed.
Explanations
i. Fair value specifically excludes an estimated price inflated or deflated by special terms
or circumstances such as atypical financing, sale and leaseback arrangement, special
considerations or concessions granted by anyone associated with the sale.
ii. The fair value of real estate asset shall reflect market conditions at the balance sheet
date
iii. The fair value of real estate asset reflects, among other things, rental income from
current leases and reasonable and supportable assumptions that represent what
knowledgeable, willing parties would assume about rental income from future leases in
the light of current conditions. It also reflects any cash outflows that could be expected in
respect of the asset.
iv. The best evidence of fair value is given by current prices in an active market for
similar real estate asset in the same location and condition and subject to similar lease
and other contracts. Care shall be taken to identify any differences in the nature, location
or condition of the asset, or in the contractual terms of the leases and other contracts
relating to the asset.
v. In the absence of current prices in an active market, information from a variety of
sources shall be considered, including:
(a) current prices in an active market for properties of different nature, condition or
location (or subject to different lease or other contracts), adjusted to reflect those
differences;
(b) recent prices of similar properties on less active markets, with adjustments to reflect
any changes in economic conditions since the date of the transactions that occurred at
those prices; and
(c) discounted cash flow projections based on reliable estimates of future cash flows,
supported by the terms of any existing lease and other contracts and (when possible) by
external evidence such as current market rents for similar properties in the same
location and condition, and using discount rates that reflect current market assessments
of the uncertainty in the amount and timing of the cash flows.
vi. In some cases, the various sources listed in the previous paragraph may suggest
different conclusions about the fair value of a real estate asset. The reasons for those
differences shall be considered, in order to arrive at the most reliable estimate of fair
value within a range of reasonable fair value estimates.
vii. (a)Where the fair value of the asset is not reliably determinable on a continuing basis,
a real estate mutual fund scheme shall measure that real estate asset at cost as per
16. For accounting for rental income on real estate asset, Accounting Standard (AS) 19,
Leases, shall be followed. Such income shall be accrued on a daily basis, till the currency
of the lease agreements.
19. In determining the date of disposal for real estate asset by way of sale, a real estate
mutual fund scheme shall apply the criteria in Accounting Standard (AS) 9, Revenue
Recognition, for recognising revenue from the sale of goods and considers the related
guidance in the Appendix to AS 9.
20. Gains or losses arising from the disposal or retirement of real estate asset shall be
determined as the difference between the net disposal proceeds and the carrying amount
of the real estate asset and shall be recognised in the Revenue Account in the period of
the disposal or retirement.