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vii. REGULATION OF SPECIALIZED COMPANIES
In addition to regulating the
Securities Market and administering the Companies Ordinance, 1984, the Commission is also
responsible for regulating all collective investment schemes as well as modarabas, leasing
companies and credit rating agencies. These functions are being carried out under
the following laws and rules:-
q Investment Companies and Investment Advisers Rules, 1971 which regulate closed-end
mutual funds.
q Asset Management Companies Rules, 1995 which regulate open-end mutual funds.
q Modaraba Companies and Modaraba (Floatation and Control) Ordinance, 1980 and
Modaraba Companies and Modaraba Rules, 1981.
q Leasing Companies (Establishment and Regulation) Rules, 1996 framed under
section 506 of the Companies Ordinance, 1984 alongwith NBFIs Prudential Regulations issued
by the State Bank of Pakistan.
q Credit Rating Companies Rules, 1995.
This responsibility has been entrusted to the Specialized Companies Division (SCD) which
has only recently been set up. During most of the period under review, the responsibility
was with ED. While mutual funds are being looked after by a Director, Registrars are
responsible for regulation of modarabas and leasing companies. The Modaraba
Ordinance vests Registrar (Modaraba) with wide powers enabling him to safeguard interests
of Modaraba certificate holders.
In addition to regulatory functions, the Commission also takes the initiative to develop
such specialized institutions. Regulatory functions include licensing of these
institutions under the relevant laws and rules, monitoring the performance, and
examination and analysis of financial statements. Registrars (Leasing) and Registrar
(Modaraba) pay special attention to profitability and liquidity of the institutions.
They also ensure that the managements of the institutions follow prudent commercial
practices and conform to the Prudential Regulations issued by SBP. Registrar (Modaraba)
also enjoys powers, which are vested with the Registrar of Companies including filing of
documents, maintenance of records, registration of mortgages and providing facility to the
public for inspection of records.
MUTUAL FUNDS
According to the Act, all collective investment schemes are to be regulated by the
Commission. Investment Companies and Investment Advisers Rules, 1971 regulate closed-end
mutual funds while open-end funds are regulated by Asset Management Companies Rules, 1995
which have been framed under the Securities and Exchange Ordinance, 1969. Under the
Investment Companies and Investment Advisers Rules 1971, the Commission licenses both
investment advisers and the closed end funds.
The history of the mutual funds industry in Pakistan goes back to early 1960s when
specialised institutions like National Investment Trust (NIT) and Investment Corporation
of Pakistan (ICP) were established for their promotion. As on 30th June, 2000 the
total size of the mutual fund industry in Pakistan was Rs. 27.5 billion, out of which
open-end funds amount to Rs. 20.5 billion (or 75%) and the remaining 7 billion (or 25%)
comprise closed end funds.
OPEN END MUTUAL FUNDS
National Investment (Unit) Trust (NITL), the first open end fund in Pakistan, was
established by the Government in 1962. The Trust was constituted under the Trust
Deed signed between NITL and National Bank of Pakistan (as its trustee). The Fund,
popularly known as NIT, was set up with the objective of mobilizing savings of the public
and investing the funds so pooled in the corporate sector of the economy enabling small
investors to participate in the growing profitability of the corporate sector, and also to
broaden the base of equity ownership in the country. NIT, which continues to be in
the public sector, is Rs. 20 billion in size representing about 98% of total open-end
funds in the country. Being a public sector fund, regulation of NIT remained outside
the purview of the Commission till recently. Since the Act required regulation of
all collective investment schemes by the Commission, NIT has now been registered with the
Commission albeit the NIT scheme has yet to receive formal authorization which will take
place in due course upon completion of requirements stipulated under the Asset Management
Companies Rules. These Rules were notified in 1995 to promote open-end funds in
accordance with which Unit Trust of Pakistan (UTP), the only private open-end fund in the
country, was established in 1997. UTP has been constituted under the Trust Deed,
signed between ABAMCO Limited as management company and Muslim Commercial Finance Services
(Pvt) Limited as a trustee. ABAMCO, established under the Companies Ordinance, 1984
is sponsored by Jahangir Siddiqui & Co. Limited, AIM Management Group, IFC and some
other institutions. UTP has shown steady growth, its size being now Rs. 469 million
which is 2% of total mutual fund industry.
CLOSED-END MUTUAL FUNDS
The first closed end mutual fund in the country was established in 1967 by
Investment Corporation of Pakistan (ICP) established by the Government under the Ordinance
with the objective inter alia of floatation and management of closed end mutual
funds. Since 1967, ICP has established 26 closed end mutual funds. In aggregate, the
size of ICP-managed 26 funds on 30th June 2000 was Rs.5.7 billion which represents 81% of
the total closed end funds in the country. In 1982, the Government also
allowed the private sector to establish and manage closed end funds under the Investment
Companies and Investment Advisers Rules, 1971. Golden Arrow was the first closed end fund
to be established in the private sector in 1983. As on 30th June 2000, 13 closed end
mutual funds managed by the private sector were listed on KSE. Total closed end funds
under management of the private sector are Rs. 1.3 billion which is 19% of closed end
funds.
| KEY STATISTICS OF CLOSED END FUNDS | |||||
| Name of fund | Listed Capital (Rs. In million) |
Par Value | NAV 30 June 2000 | Market Value 30 June 2000 | Last Dividend % |
| 1st ICP | 50 | 10.00 | 13.83 | 7.00 | Nil |
| 2nd ICP | 50 | 10.00 | 12.03 | 6.75 | 10 |
| 3rd ICP | 50 | 10.00 | 17.87 | 10.00 | 15 |
| 4th ICP | 50 | 10.00 | 43.18 | 19.90 | 20 |
| 5th ICP | 50 | 10.00 | 12.47 | 8.00 | Nil |
| 6th ICP | 50 | 10.00 | 26.24 | 14.00 | 20 |
| 7th ICP | 50 | 10.00 | 13.68 | 9.90 | 10 |
| 8th ICP | 50 | 10.00 | 28.68 | 15.50 | 35 |
| 9th ICP | 50 | 10.00 | 42.50 | 27.50 | 50 |
| 10th ICP | 50 | 10.00 | 21.56 | 9.00 | 10 |
| 11th ICP | 50 | 10.00 | 19.23 | 9.50 | 15 |
| 12th ICP | 50 | 10.00 | 17.47 | 9.00 | 15 |
| 13th ICP | 50 | 10.00 | 39.57 | 20.00 | 25 |
| 14th ICP | 50 | 10.00 | 15.20 | 8.50 | 10 |
| 15th ICP | 50 | 10.00 | 13.96 | 8.10 | Nil |
| 16th ICP | 50 | 10.00 | 10.85 | 7.50 | Nil |
| 17th ICP | 50 | 10.00 | 14.68 | 7.05 | Nil |
| 18th ICP | 50 | 10.00 | 12.04 | 7.10 | Nil |
| 19th ICP | 50 | 10.00 | 18.82 | 10.75 | 10 |
| 20th ICP | 50 | 10.00 | 19.72 | 9.00 | 10 |
| 21st ICP | 50 | 10.00 | 5.66 | 1.80 | Nil |
| 22nd ICP | 50 | 10.00 | 8.60 | 3.10 | Nil |
| 23rd ICP | 50 | 10.00 | 4.62 | 1.85 | Nil |
| 24th ICP | 50 | 10.00 | 5.24 | 1.90 | Nil |
| 25th ICP | 50 | 10.00 | 8.68 | 3.55 | Nil |
| SEMF | 50 | 10.00 | 32.34 | 16.20 | 18 |
Name of fund |
Listed
Capital (Rs. in million) |
Par ValueRs. | NAV
30 June 2000 Rs. |
Market
Value 30 June 2000 Rs. |
Last
Dividend % |
| Al Meezan | 250 | 10.00 | 12.66 | 10.00 | 6.4 |
| Asian Stock | 100 | 10.00 | 5.55 | 4.00 | Nil |
| BSJS | 150 | 10.00 | 11.60 | 5.75 | 31* |
| Confidence | 100 | 10.00 | 12.08 | 6.50 | 15 |
| Dominion | 50 | 10.00 | 3.58 | 1.05 | Nil |
| First Capital | 150 | 10.00 | - | 3.00 | 5(i)* |
| Golden Arrow | 81.05 | 10.00 | 4.59 | 3.00 | 5 |
| Growth | 100 | 10.00 | - | 1.25 | Nil |
| KASB | 400 | 10.00 | 7.85 | 4.10 | Nil |
| Prudential | 60 | 10.00 | - | 1.75 | Nil |
| Safeway | 30 | 10.00 | 3.03 | 3.00 | Nil |
| Security | 100 | 10.00 | 12.26 | 5.25 | 5(i)* |
| Tristar | 50 | 10.00 | - | 1.00 | Nil |
* Dividend for the year ended
June 2000
Investment Advisers are licensed under the Investment Companies and Investment Advisers
Rules, 1971 for managing investment portfolios. The Commission monitors the working
of the investment advisers and receives annual reports from each adviser. During the
period under review, seven licences of Investment Advisors were cancelled on grounds of
failure to meet the conditions of licence.
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