India’s top court upholds SEBI penalties on Kotak AMC over six Essel-linked FMPs
India's Supreme Court upheld SEBI penalties against Kotak AMC, its trustee arm, and executives over due diligence, disclosure, and redemption-rule breaches tied to Essel-linked FMPs. The ruling reinforces strict liability for mutual-fund compliance regardless of investor outcomes, heightening perceived regulatory and governance risk for Indian asset managers and trustees. Near-term, it can pressure sentiment toward the domestic AMC complex and strengthen compliance-driven risk repricing.
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India’s Supreme Court dismissed appeals by Kotak AMC and others in the Essel Group-linked fixed maturity plan (FMP) case, upholding SEBI’s penalties. The court said the parties failed on due diligence, redemption compliance and disclosures, and found the trustee did not independently assess the decision. Out of Rs 2,116 crore payable across the six FMPs, about Rs 376 crore was paid after maturity, with the balance paid by September 25, 2019, according to the judgment. The penalties include fines and litigation costs of Rs. 30 lakh for Kotak AMC and Rs. 20 lakh for the trustee company.