Distributors Empanment Form 150415

DISTRIBUTOR EMPANELMENT FORM
Franklin Templeton Asset Management (I) Pvt. Ltd. : Indiabulls Finance Center, Tower 2, 12th and 13th Floor, Senapati Bapat Marg, Elphinstone Road (West), Mumbai 400013
KEY CONTACT DETAILS
NAME (Mr./Ms. M/s)
(Block Letters)
Photograph
ADDRESS FOR
COMMUNICATION
Telephone
Mobile
E-Mail 1
(only for
Individuals &
Sole Proprietor)
PIN
(Block Letters)
(O)
-
(R)
Fax
-
E-Mail 2
TAX STATUS (Please 3anyone)
INDIVIDUALS
Individuals
NON-INDIVIDUALS
Partnership Firm
Society / Trust
Sole Proprietorship
Private Limited Company
Others ____________
Public Limited Company
ADDITIONAL INFORMATION
Individuals
D D M M Y Y
Date of Birth
D D M M Y Y
Anniversary Date
Educational Qualification
PAN No.
EUIN No.
Domicile
India
Other* (please specify) ____________________
Non-Individuals
Date of Incorporation
Contact Person
PAN No.
EUIN No.
Country of Incorporation
D D M M Y Y
India
Other* (please specify) _________
* Enclose duly filled Anti-Corruption Due-Diligence Questionnaire
AMFI CERTIFICATION DETAILS
Registration No. ARN
Passed on
D D M M Y Y
Valid upto
D D M M Y Y
NOMINATION DETAILS (Incase of Individual/Sole Proprietorships Firms Only.)
I hereby nominate the person named below to receive the amounts of brokerage (including trail brokerage) to my credit in the event of my death.
Nominee's Name
Guardian's Name in case of Minor
D D M M Y Y
Date of Birth (if Minor)
Relationship
Address of Nominee / Guardian
City
ID Proof of Nominee (Optional): ______________________________
ID No. of Nominee (Optional): ________________________________
Pin
Signature of Applicant
BANK DETAILS FOR BROKERAGE PAYMENT (ELECTRONIC MODE)
Bank A/c. Number
Bank Name
Branch Name
Branch Address
Pin
Bank A/c. Type
IFSC/NEFT Code
Saving
Current
NRE
NRO
9 Digit MICR Code
REGISTRATION FOR SUBSCRIPTION/ MAILBACK FACILITIES
We would like to avail various subscriptions, mailback and other services provided by Franklin Templeton Asset Management (I) Pvt. Ltd. which can be sent to us or
requested by us via e-mail. We hereby direct you to send the all reports and communications to us via E-Mail to the e-mail addresses mentioned above. We understand that
data through Internet is not encrypted and is not a secure means of transmission. We acknowledge and accept that email transmission method involves the risks of
possible unauthorized alteration of data and / or unauthorized usage thereof for whatever purposes by any unauthorized person(s). We agree to exempt you from any
and all responsibility of such misuse, and hold you harmless for any costs or losses we may incur due to any errors, delays or problems in transmission or otherwise caused
by using the Internet as a means of transmission. We will keep you and the Mutual Fund indemnified against any claims our investors may make in future on account of
disclosing their transaction information to us via email. We confirm having received valid authorization from investors introduced by us, to view any details pertaining to
their investments and will indemnify Franklin Templeton Mutual Fund against any claims by the investors for having received information.
DECLARATION
I/We hereby declare that the information furnished is true and correct to the best of my/our knowledge and belief. I/We undertake to abide by the terms and
conditions stated overleaf and the changes in Terms & Conditions from time to time relating to the empanelment of distributor. I/We am/are not an Employee or a
relative of a Director/Employee of the Franklin Templeton Asset Management (India) Pvt. Ltd. (FTAMIL) and /or Franklin Templeton Trustee Services Pvt. Ltd.
Further I/ We acknowledge the receipt of the Summary sheet for Franklin Resources, Inc. Anti-Corruption Policy and have read and understood the same.
Place
Signature of Applicant /
Date D D M M Y Y
Authorised Signatory
DISTRIBUTOR UNDERTAKING
In my/our capacity of a Mutual Fund Distributor (“Distributor”) of Franklin Templeton
Mutual Fund (“FTMF”) I/we do hereby undertake, confirm and represent that:
a)
(“KYC”) or source of income as and when required from the investor introduced by me/
us. I/We shall assist and support FTAMIL in ensuring its compliance of Anti- Money
Laundering (“AML”) laws by being diligent and procuring additional documentation or
information as may be required by FTAMIL, from time to time. FTAMIL reserves the
right to call for any documents and information from the investor of FTAMIL as may
be required by FTAMIL in relation to the KYC procedures. Failure of the investor to
provide satisfactory response may result in suspension of transaction in the investor’s
account. The Trustee/FTAMIL’s decision in this regard shall be final.
I/We am/ are AMFI registered distributors with a valid ARN number.
b) I/We am/are AMFI/NISM certified and I/We shall engage / employ only AMFI/NISM
certified professionals for selling/marketing / distributing the mutual fund units and
interacting with the investors.
c)
I/We shall always act and carry out my/our distribution business within the
parameters of applicable laws, rules and regulations;
d)
I/We shall give access to Franklin Templeton* staff to visit my/our offices and meet
with my/our sales and marketing staff from time to time;
s)
In connection with my/our distribution activities contemplated under this
undertaking:
I.
e) I/We shall educate our sub-distributors and investors generally about mutual funds as a
financial service and create awareness about the Franklin Templeton philosophy of
investment management and the mutual funds and other products and services offered
by Franklin Templeton in India, among my/our sub-distributors, investors and public
at large;
f) I/We shall represent Franklin Templeton correctly to the sub-distributors and clients; and
endeavour to disseminate information about FTMF schemes along with the risks
associated with investing in securities markets;
III. FTAMIL reserves the right to call for any documents and information from the
investor of FTAMIL as may be required by Franklin Templeton in relation to the
FATCA compliance requirements. Failure of the investor to provide satisfactory
response may result in suspension of transaction in the investors account. The
Trustee’s/FTAMIL’s decision in this regard shall be final.
g) I/We shall neither guarantee any returns to the investor under any of the schemes of
FTMF nor make any representations on behalf of Franklin Templeton which are not
specifically authorised by Franklin Templeton in writing;
IV. I/We shall provide any reasonable assistance that may be required to assist the
Franklin Templeton in complying with the requirements of FATCA, including,
without limitation:
h) I/We shall use only the updated Statement of Additional Information, Scheme Information
Documents and Key Information Memorandum & application forms along with all the
addendums issued from time to time and advertisement material provided by Franklin
Templeton and shall not design its own advertisements of Franklin Templeton
products unless it is authorised to do so, and the advertisement is approved by Franklin
Templeton in writing prior to the dissemination of the material.
• collecting any information, waivers or documentation that may be required by
the FTAMIL to satisfy any obligation under FATCA including, but not limited
to, identifying details relating to the investors introduced by the Distributor to
the Fund(s) that is needed to comply with all due diligence, withholding and
reporting obligations under FATCA;
I) I/We shall notify FTAMIL immediately in case any of the statutory approvals granted by
the regulatory/government agencies to me/my proprietary concern/us for carrying on
the business are withdrawn or in any event that any legal proceeding is initiated by any
regulatory or government agency having jurisdiction over the matter which could result
in withdrawal of such approvals.
j)
I/We shall obtain all the relevant documents, as prescribed by FTMF or FTAMIL,
from the investor at the time of investment and thereafter.
k) I/We further represent that I/We have not been found guilty by any of the recognised
Investor Protection Associations, Consumer Protection Forums registered with
Securities & Exchange Board of India (“SEBI”) or any market regulator including the
stock exchanges, for either misrepresenting any financial product or service or for not
providing quality service to investors.
l) I/We undertake and hereby agree to make good all the loses and damages including loss on
account of reputation loss to Franklin Templeton and shall hold Franklin Templeton
harmless against all actions, proceedings, claims, liabilities (including statutory liability),
penalties, demands and costs (including without limitation, legal costs), awards, losses
and / or expenses however arising directly or indirectly as a result of any claim or
proceeding brought against Franklin Templeton either directly or indirectly arising out
of any deficiency in service by me/us to the investor or any nonperformance or inadequate
or negligent performance of my/our obligation or any other act, omission, neglect or
default on my/our part or on the part of my/our agents, employees, or licensees.
m) In the course of my/our business in the distribution of mutual fund products at any
time, I/We will adhere to all rules, laws, regulations, guidelines including the Code of
Conduct contained in SEBI / IMD / CIR No. 8 / 174648 / 2009 dated August 27,
2009, various AMFI circulars and guidelines issued by SEBI / AMFI from time to
time.
n) I/We will keep the FTMF informed in case of own investments from time to time so
that no brokerage is paid on such investments. I/We am/are aware that knowingly
receiving brokerage on my/our own investments will be a violation of referred SEBI
circular. I/We shall inform you the details of investments made by my/our associate /
group companies, if any, at the time of investment.
o) I/We understand and acknowledge that FTAMIL will communicate the applicable Distribution
Remuneration Structure along with provisions for distribution commission, claw back
and applicable taxes and deductions from time to time through email/letters, which
shall be binding on me/us and the same shall be treated as an integral part of this
undertaking.
p) I/We acknowledge that the FTMF and FTAMIL can terminate my/our empanelment by
giving me/us two days written notice in case of noncompliance with any of the clauses
mentioned above and / or the SEBI requirements.
q)
r)
I/We shall not distribute units of any schemes of FTMF to any US persons or persons of
Canada.
I/We am/are aware that the trustees of FTMF (“Trustees”) and the FTAMIL are
required to comply with the provisions of Prevention of Money Laundering Act 2002,
rules, circulars and guidelines issued thereunder and to maintain standards in line with
the Financial Action Task Force (“FATF”) recommendations, as amended from time
to time (herein after referred as PML provisions). In order to discharge its duties, the
Trustees/FTAMIL may seek additional information pertaining to know your client
I/We shall satisfy all applicable requirements under FATCA;
II. where applicable, and in order to ascertain the Distributor’s FATCA status where
the Distributor is registered as the holder of the mutual fund units in the schemes
of FTMF, I/We shall provide Franklin Templeton with information and
documentation, such as its W8-forms, Global Intermediary Identification Number
(“GIIN”), proof of registration with the United States Internal Revenue Service
(“IRS”) or a corresponding exemption;
•
reporting any information that is required to be reported;
•
implementing any procedures requested by Franklin Templeton to facilitate
FATCA compliance, and
•
providing any certifications that the Franklin Templeton (or director or officer of
the Franklin Templeton) may require for FATCA compliance.
t) I/We shall comply with all laws, regulations, protocols and other requirements (“applicable
laws”) applicable to the activities, rights, duties and obligation set out herein in any
jurisdiction in or from which it undertakes such activities or from which it purports to
do so. I/We understand and agree that such applicable laws include but are not
limited to laws of India including laws related to anticorruption, bribery, abetment of
corruption, bribing any private person and/or any requests made by FTAMIL either
generally or in respect of a specific transaction;
u) I/We undertake that me, my proprietary concern and employees/our partnership, its
partners and employees/our company and its directors, officers and employees, have
never been investigated or convicted for offenses related to fraud or corruption and I/
we shall notify FTAMIL immediately in case this happens;
v) I/We further undertake that no government-owned or controlled organization or government
official shall be contacted / used to influence my/our business or relationship, with
Franklin Templeton.
w)
I/We agree to abide by the rules and regulations of Franklin Templeton from time to
time.
x)
If a distributor is desirous of undertaking transactions through the Stock
Exchange Platform the following additional clauses shall be applicable:
I.
I/We hereby agrees to abide by all orders, directions, circulars and operating
guidelines or any similar communication issued by SEBI, BSE, NSE, NSDL,CDSL and
the concerned Registrar and Transfer agent in connection with the Mutual Fund
Platform offered by the Stock Exchanges such as Mutual Fund Service System (MFSS),
NSE Mutual Fund Platform (NMF II ) and BSE’s Mutual Fund Platform (BSE
STAR MF) and shall at all times keep the Mutual Fund and FTAMIL indemnified
against all claims, losses and damages arising from non-compliance in this regard.
*Franklin Templeton shall mean FTMF, Franklin Resources Inc. and its subsidiary
entities including their employees, directors and key managerial persons.
Yours Truly,
Signature : ___________________________________________________________
(for and on behalf of the Distributor, Authorised Signatories)
Name : ______________________________________________________________
ARN No.: ____________________________________________________________
Place : _______________________________________________________________
Date : _______________________________________________________________
CHECKLIST FOR DOCUMENTS TO BE SUBMITTED
Documents
Copy of the AMFI Certificate
Copy of the ARN Card
PAN Card Copy
Cancelled Cheque Copy
Memorandum and Article of Association
IFA
Partnership
Firm
Company
HUF
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
Documents
Authorised Signatory List
Partnership Deed & Resolution
Board Resolution
KYD Acknowledgment
IFA
3
Partnership
Firm
Company
3
3
3
3
3
3
HUF
3
Summary Sheet for
Compliance Rule Policies and Procedures (“P&P”)
Designated Effective Date
of P&P
Name of P&P
Scope of P&P
External Approvals
Required
U.S. P&P Entity Owner
U.S. Entities Affected
U.S. Related Statute/Rule/
Release/ No-Action
Purpose of the Procedure
Preventative Key Controls
used by the P&P
December 26, 2014
FRANKLIN RESOURCES, INC. ANTI-CORRUPTION
POLICY (G-19)
Global-all countries
U.S.
Canada
Europe
Asia
Latin America
U.S. Fund Boards
IRC (Canada)
Investment Manager
Fund Principal Underwriter
Fund Transfer Agent
Fund Administrator
Other
All SEC-registered Investment Advisers
All FINRA-registered Broker/Dealers
All SEC-registered Transfer Agents
All Open-End Funds
Closed-end Funds
Other
Foreign Corrupt Practices Act
The purpose of this policy is to ensure that all Covered Persons
comply with the U.S. Foreign Corrupt Practices Act (FCPA), the
U.K. Bribery Act 2010 (the “Bribery Act”) and any other
applicable anti-bribery laws and regulations of the local
jurisdictions in which Franklin operates, including the Brazil
Clean Companies Act.
• Company personnel must comply at all times with this Policy
and all Related Procedures and Related Regulatory Rules.
• All payments for gifts, meals, travel, or entertainment, whether
to Government Officials (“GO”) or otherwise, must comply with
all the requirements set forth in this Policy. In addition, any such
expenditures relating to GOs must fully comply with the
additional approval and recordkeeping requirements set forth in
this Policy.
• Company personnel must obtain prior approval from their
Senior Leader and the Director of Global Compliance before
providing any gift, meal, travel, or entertainment to a GO in
This summary provides a common format to quickly review a high level summary of the preventive,
detective, and corrective key controls used by the P&P referenced in this summary document. For more
detailed information, please refer to the P&P itself.
CONFIDENTIAL INFORMATION. This document is the proprietary product of Franklin Templeton In vestments. Any
unauthorized use, reproduction or transfer of this document is strictly prohibited. Franklin Templeton Investments © 2014. All
Rights Reserved.
Rev December 2014
excess of the dollar limits set forth in this Policy. Any gift,
meal, travel or entertainment expense for or on behalf of a GO
below those limits requires the approval of the Senior Leader (or
his designee).
• The Global Financial Operations Department shall maintain a
database to record and aggregate all meals, gifts, travel, and
entertainment expenses, whether relating to GOs or otherwise.
• The Policy contains a complete list of entities that qualify as
“public international organizations, which will be updated
periodically by Legal and/or Global Compliance.
• Periodic training of appropriate Company personnel on these
policies and procedures is required.
• The Policy may be supplemented by country- or regionspecific schedules for gifts, meals, travel, or entertainment
involving customers, business providers, and Government
Officials (“Country Schedules”), as needed.
Detective Key Controls
used by the P&P
•The Global Financial Operations Department will provide
Global Compliance with a periodic report of expenses submitted
pursuant to this Policy.
• The Global Compliance Department and/or Internal Audit shall
perform periodic audits of expenditures that implicate this
Policy.
• All Covered Persons must promptly report any violation or
suspected violation of this Policy to the Deputy General
Counsel–International or the Director of Global Compliance (or
their respective designees) or to the Compliance and Ethics
Hotline. The Compliance and Ethics Hotline is 1-800-636-6592 (US)
or by calling collect at 1-704-556-7046 (Non-US).
Corrective Key Controls
used by the P&P
• Certain incidental failures to comply with the Policy are not
necessarily a violation of the law. Such violations not resulting
in a violation of law will be referred to the Director of Global
Compliance and/or the Chief Compliance Officer and/or the
This summary provides a common format to quickly review a high level summary of the preventive,
detective, and corrective key controls used by the P&P referenced in this summary document. For more
detailed information, please refer to the P&P itself.
CONFIDENTIAL INFORMATION. This document is the proprietary product of Franklin Templeton In vestments. Any
unauthorized use, reproduction or transfer of this document is strictly prohibited. Franklin Templeton Investments © 2014. All
Rights Reserved.
Rev December 2014
relevant management personnel. If warranted, disciplinary
action commensurate with the violation will be imposed.
• A pattern of violations that individually do not violate the law
or the Policy, but which taken together demonstrate a lack of
respect for the Policy, may result in more significant disciplinary
action, up to and including termination of employment.
• A violation of the Policy resulting in a violation of the law will
be severely sanctioned, with disciplinary action potentially
including termination of employment and/or referral of the
matter to the appropriate regulatory agency for civil and/or
criminal investigation or prosecution.
U.S. Designated Primary
Coordinating Business
Unit and Contacts
Additional History,
Background Notes or
related policies and
procedures (if any)
Global Compliance: Robert Rosselot
Legal: Paul Elmlinger
• Franklin Resources, Inc. Code of Ethics and Business Conduct
• Franklin’s Global Expense Management Policy
• Franklin’s Gifts and Entertainment Policies
• Franklin’s Employee Handbook
• Franklin’s Political Contributions Policy (US only)
This summary provides a common format to quickly review a high level summary of the preventive,
detective, and corrective key controls used by the P&P referenced in this summary document. For more
detailed information, please refer to the P&P itself.
CONFIDENTIAL INFORMATION. This document is the proprietary product of Franklin Templeton In vestments. Any
unauthorized use, reproduction or transfer of this document is strictly prohibited. Franklin Templeton Investments © 2014. All
Rights Reserved.
Rev December 2014
Supplement to Summary Sheet
For Global or Non-U.S. SEC Compliance Rule Policies and Procedures (“P&P”)
Scope/Non U.S. Region
Non U.S. Entities Affected
Non U.S. Related
Statue/Rule/Release/No Action
Supplemental Preventative Key Controls
used by the P&P
Supplemental Detective Key Controls used
by the P&P
Supplemental Corrective Key Controls
used by the P&P
Non-U.S. Designated Primary
Coordinating Business Unit and Contacts
Additional History, Background Notes or
related policies and procedures (if any)
Canada Europe
Latin America
Asia
All
U.K. Bribery Act 2010
Brazil Clean Companies Act 2014
None
None
None
None
This summary provides a common format to quickly review a high level summary of the preventive,
detective, and corrective key controls used by the P&P referenced in this summary document. For more
detailed information, please refer to the P&P itself.
CONFIDENTIAL INFORMATION. This document is the proprietary product of Franklin Templeton In vestments. Any
unauthorized use, reproduction or transfer of this document is strictly prohibited. Franklin Templeton Investments © 2014. All
Rights Reserved.
Rev December 2014