Case 030Compliance, risk limits and conductCore
A 72-year-old was sold a small cap fund and a five-year close-ended NFO for 80% of her savings. She is down 22% and cannot exit the NFO. Assess suitability, name the failures and propose a remedy.
1The situation
Sumitra Chandel, 72, a retired school principal, had Rs 40 lakh in bank fixed deposits. Her pension covers part of her costs and she needs about Rs 20,000 a month from her savings. 14 months ago a relationship manager at a distributor moved Rs 32 lakh, 80% of her savings, into two products: Rs 18 lakh in a small cap fund and Rs 14 lakh in a new fund offer for a five-year close-ended equity scheme. Her risk profile form, signed on the same day, marks her as aggressive.
The small cap fund is down 26% and the close-ended scheme about 17%; together the Rs 32 lakh is worth about Rs 24.96 lakh, down 22%. The close-ended units are listed on an exchange but rarely trade. She has complained to the distributor's compliance team, where you work.
2Your task
Was the sale suitable? Name each failure, measure her loss properly, and propose a remedy.
Quick check
What is the fairest measure of her loss from the unsuitable sale?
Worked solution
Try it on paper, then open one step at a time.
30-second answerThe answer to give first
The sale was unsuitable on every test that matters: horizon, access to money, capacity for loss and concentration, and the aggressive risk profile on file does not match her circumstances. Her Rs 32 lakh is worth about Rs 24.96 lakh, and against deposits it would have stayed in, she is about Rs 9.9 lakh worse off. The remedy is to restore her income first, then compensate the measured shortfall, and fix the process that let the form be signed.
Step 1What does suitability actually test?
A doctor does not prescribe a drug because it works well on average; she prescribes it because it suits this patient. Suitability is judged against the client's age, horizon, income need and ability to absorb loss, not against the merits of the product. A small cap fund can be a good fund and still be the wrong product for a 72-year-old who lives on her savings. The questions come in order: the time frame, whether she can reach her money, whether she can take a fall, and whether the size of the bet is sensible.
Step 2Which failures are the most serious?
Access and capacity. Before the sale her Rs 40 lakh in deposits at about 7.5% produced roughly Rs 25,000 a month, which covered her need. After it, only Rs 8 lakh still earns interest, about Rs 5,000 a month, so she must sell equity units at a loss to live. The close-ended scheme makes it worse: its exchange listing is thin, so selling usually means accepting a discount to NAV. The aggressive risk profile is the compliance failure behind the rest: it was signed the same day as the sale by a client who had only ever held deposits.
Step 3How do you measure her loss properly?
The drop in value is Rs 32 lakh less Rs 24.96 lakh, about Rs 7.04 lakh. The fairer measure compares her position with where suitable advice would have left her. Kept in deposits at 7.5% for 14 months, the Rs 32 lakh would be worth about Rs 34.82 lakh. The shortfall is therefore about Rs 9.9 lakh. Complaint bodies generally think in those terms; confirm the current SEBI complaint route and the distributor's own redress policy before quoting either to her.
Step 4What remedy would you propose?
Three layers, in order. First, restore her income: move the small cap holding in stages into instruments that match her need, so she is not forced to sell at the worst moment each month. Second, settle the shortfall: the distributor offers compensation measured against the suitable alternative, and if she prefers to keep the close-ended units to maturity, the firm can buy them from her at NAV rather than leave her to the thin exchange market. Third, fix the process: same-day risk profiles for senior clients go to a second reviewer, product commissions on close-ended offers are reviewed, and the relationship manager's other senior-client sales are sampled.
Throughout, keep the dignity rule. Sumitra did what most clients do: she trusted a professional. The report should never read as though she ought to have known better.
Where candidates lose it
Candidates debate whether small cap funds are good investments, which misses the question. Suitability is about the client; the product's merits are irrelevant if it cannot meet her need for income and access.
The second miss is measuring the loss as the fall in value alone. That ignores the deposit interest she gave up, understating the harm by more than Rs 2 lakh.
What the interviewer asks next
- She signed the aggressive risk profile herself. Does that protect the distributor?
- The markets recover and she is back to Rs 32 lakh a year later. Is the complaint closed?
- What controls would you build so a same-day NFO sale to a senior client is caught before it settles?
Company names and figures are illustrative.
