Beware of Fraudsters!

Regarding money matters, being cautious can help avoid financial fraud.

There have been instances in the recent past where fraudsters have reached out to investors claiming to be Registered Investment Adviser (RIA) and solicited money for investments on their behalf. And ran away with investor money causing distress to the victims and adverse ramifications for the RIA (whose details were faked to solicit funds from the victims).

Therefore, it is extremely important to take precautions and ensure that you are dealing with a genuine SEBI Registered Investment Adviser (and not a fraudster or an unregistered person).

How do Fraudsters trick people?

Fraudsters/imposters/impersonators/scamsters/unregistered persons keep finding new ways to trick people. But the modus operandi will be one of the following.

  1. These fraudsters/imposters/unregistered persons create profiles on social media platforms such as Twitter, Telegram, Instagram, and Facebook. Post snapshots of good performance on these platforms and lure investors with unrealistic return claims. OR
  2. Contact investors over the phone, email, or any other mode claiming to be Registered Investment Adviser (RIA). Lure investors with the promise of high returns and solicit money for investments on their behalf (and/or as a fee). OR
  3. Create fake profiles of popular SEBI registered Analysts/Advisors on social media platforms. Post fake snapshots of performance or reach out to you and give the impression that you are dealing with a genuine adviser.  Thus, the fraudsters misuse the goodwill, visibility, and trust of the genuine SEBI Registered Investment Adviser (RIA) and fleece unsuspecting investors.

It is advised NOT to act on any tips/investment advice such people offer. You can lose your hard-earned money. Additionally, you must not transfer any money (for investment or as a fee) to such people. You WILL lose all such money/cash transferred.

Impersonation/financial fraud is a big problem and is not just limited to Registered Investment Advisers (RIAs). These fraudsters have even posed as SEBI officials and taken money from investors. SEBI, the market regulator, noted this issue and has cautioned investors via a Press Release (PR No. 16/2021).  The Reserve Bank of India (RBI) has also published a booklet on the Modus Operandi of Financial Fraudsters.

What do SEBI Regulations say?

  1. Any person who wishes to offer investment advice to investors must be registered with SEBI as an Investment Adviser. You can check the registration details of all Investment Advisers on the SEBI website.
  2. An Investment Advisory Agreement between the RIA and the investor (client) is mandatory and must be executed before you transfer any fee to the Registered Investment Adviser (RIA) or the RIA offers you any investment advice.
  3. Before offering any advice, the Registered Investment Adviser (RIA) must conduct a risk-profiling exercise with the investor.
  4. Registered Investment Adviser (RIA) cannot take custody of investor money.
  5. RIAs can only provide Investment Advice.
  6. RIAs cannot transact on your behalf. RIAs are not permitted to accept Power of Attorney from investors.
  7. SEBI regulations permit only two types of fees.
    1. Fixed Fee: capped at Rs 1.25 lacs per annum. This is a cumulative cap across all products offered by the RIA.
    2. Asset-Based Fee: Capped at 2.5% per annum. This is a cumulative cap across all products offered by the RIA
  8. SEBI regulations do not permit any kind of profit-sharing arrangement between the Investor and the RIA.

SEBI has also advised the public to deal with only SEBI Registered Investment Advisors and Research Analysts via a Press Release (PR No. 112/2016).

You are dealing with a fraudster if

  1. They are not registered with SEBI as an Investment Adviser.
  2. They offer advice without signing an agreement with you.
  3. They ask you to transfer the investment amount to his/her bank account. Please do not transfer funds. RIA regulations only permit the transfer of fees (not the investment amount).
  4. They promise guaranteed high returns.
  5. They offer a profit-sharing-based model. SEBI does not permit the profit-sharing model.
  6. They charge an exorbitant fee. For instance, an RIA cannot charge Rs 2 lacs for Rs 10 lac portfolio. A fixed fee is capped at Rs 1.25 lacs per annum. The asset-based fee is capped at 2.5% of the assets under advice (AUA or portfolio).

Here is what you must do

  1. Ensure you are dealing with a genuine RIA before transferring any funds or acting on their advice.
  2. Do not deal/engage with unregistered persons.
  3. Ask the person to share the SEBI registration number.
  4. SEBI website lists the details of all the Investment Advisers. Ask the adviser to email or call you from the email or number listed on the SEBI website.
  5. Arrange a video call/ physical meeting before signing up or transferring any money to the adviser. 

If you are my client or looking to consult an Investment Advisor

  1. I will sign (or have already signed) an Investment Advisory Agreement with you before asking for any fee payment.
  2. I will conduct a risk-profiling exercise before offering any investment advice.
  3. I provide only financial planning and investment advisory services. I do not provide stock advisory services. I do not offer paid stock tips/recommendations.
  4. I will never ask you to transfer money to my account to invest on your behalf.
  5. SEBI regulations explicitly prohibit monetary transactions between the investor and RIA except for the advisory fee. The only monetary transaction between you and me will be my fee payment. Nothing else.
  6. I send fee payment requests only through email. Such email IDs will be mentioned in our agreement. Will not send fee payment requests through social media channels such as Twitter, Facebook, Instagram, Telegram etc.

If you are a client, be suspicious if you receive

  1. A payment request from me citing distress on social media platforms such as Twitter, Facebook, Instagram, Telegram etc. It is easy to create fake profiles on such platforms. OR
  2. A fee payment request from me on social media platforms such as Twitter, Facebook, Instagram, Telegram etc. I request fee payment only from the official email ID (listed in the Investment Advisory Agreement). I may sometimes send a reminder on WhatsApp but will cite my email in the message. OR
  3. A payment request from me that seems unreasonable. OR
  4. A message/email from me requesting payment where the language and tone of the message seem different from how I usually write. As I understand, it is not very difficult to spoof email addresses, too.
  5. Note (If you use UPI apps for fee transfer): A fraudsters can easily copy my name and photo from the public domain. Choosing a UPI address that reads and sounds similar is also easy. Hence, you can be misled by focusing on the photograph and UPI link.
  6. Note: It is not possible to cover all potential grounds of suspicion. Be careful; when in doubt about the veracity of the sender, please call me.

I am not a technology or a security expert. Additionally, the fraudsters keep figuring out new ways of tricking people. Thus, I can’t cover all possible tricks fraudsters use. You need to be careful. Do not take Cybersecurity lightly. 

Be alert. Be vigilant!

I hope you have never been a victim and will never be a victim of financial fraud.

Investor Charter in respect of Investment Adviser (IA)

Do's

  • To enter into an agreement with the client providing all details including fee details, aspect of conflict-of-interest disclosure and maintaining confidentiality of information.
  • To do a proper and unbiased risk – profiling and suitability assessment of the client.
  • Disclosure to Clients
  • To provide full disclosure about its business, affiliations, compensation in the agreement.
  • To not access client’s accounts or holdings for offering advice.
  • To provide investment advice to the client based on the risk-profiling of the clients and suitability of the client.

Do's

  • Always deal with SEBI registered Investment Advisers.
  • Ensure that the Investment Adviser has a valid registration certificate.
  • Check for SEBI registration number. Please refer to the list of all SEBI registered Investment Advisers which is available on SEBI website in the following link: Click here
  • Pay only advisory fees to your Investment Adviser. Make payments of advisory fees through banking channels only and maintain duly signed receipts mentioning the details of your payments.
  • Always ask for your risk profiling before accepting investment advice. Insist that Investment Adviser provides advisory strictly on the basis of your risk profiling and take into account available investment alternatives.
  • Ask all relevant questions and clear your doubts with your Investment Adviser before acting on advice.
  • Assess the risk–return profile of the investment as well as the liquidity and safety aspects before making investments.
  • Insist on getting the terms and conditions in writing duly signed and stamped. Read these terms and conditions carefully particularly regarding advisory fees, advisory plans, category of recommendations etc. before dealing with any Investment Adviser.
  • Be vigilant in your transactions.
  • Approach the appropriate authorities for redressal of your doubts / grievances.
  • Inform SEBI about Investment Advisers offering assured or guaranteed returns.

Dont's

  • Don’t fall for stock tips offered under the pretext of investment advice.
  • Do not provide funds for investment to the Investment Adviser.
  • Don’t fall for the promise of indicative or exorbitant or assured returns by the Investment Advisers. Don’t let greed overcome rational investment decisions.
  • Don’t fall prey to luring advertisements or market rumours.
  • Avoid doing transactions only on the basis of phone calls or messages from any Investment adviser or its representatives.
  • Don’t take decisions just because of repeated messages and calls by Investment Advisers.
  • Do not fall prey to limited period discount or other incentive, gifts, etc. offered by Investment advisers.
  • Do not share login credential and password of your trading and DEMAT accounts with the Investment Adviser.