Transmission
Procedure and Formats for Transmission of Securities:
SEBI vide Circular No SEBI/HO/MIRSD/MIRSD_RTAMB/P/CIR/2022/65 dated 18.05.2022
simplified the procedure and provided formats of documents for transmission of
securities.
The cases covered are as follows:
- Demise of Sole Holder where nomination is registered
- Demise of Sole Holder where nomination is not registered
I) IN CASE OF DEMISE OF THE SOLE HOLDER
A) In case of Demise of the Sole Holder and if Nomination is
registered, the legal representative is required to provide the
following
documents: -
- Transmission Request Form as per Annexure-C.
- Original death certificate or Copy of death certificate attested by a notary
public/gazette officer or copy of the death certificate attested by the
nominee(s)/claimant(s)/legal heir(s), subject to verification with original
by the
RTA/Listed Issuer.
- Self-attested copy of Permanent Account Number Card (PAN) of the
nominee(s)/claimant(s)/legal heir(s) issued by the Income Tax Department.
- Copy of Birth Certificate (in case the nominee/claimant/legal heir is a
minor)
- KYC* of the Claimant Guardian (in case of nominee /claimant being a minor /
of
unsound mind).
- Original security certificate(s)
*If not KYC compliant
B) In case of Demise of the Sole Holder and if Nomination is not
registered, the legal representative is required to provide the
following
documents in addition to the documents mentioned in A above,
namely:
g) Notarized affidavit from all legal heir(s) made on non-judicial
stamp
paper of appropriate value on identity and claim of ownership, as per the format
provided in Annexure
D.
h) In case the legal heir(s)/claimant(s) are named in the
Succession
Certificate or Probate of Will or Will or Letter of Administration or Legal
Heirship
Certificate (or its equivalent certificate), instead of the document mentioned
in point
(g) above, an Affidavit from such legal heir(s)/claimant(s), duly Notarised and
as per
the format provided in Annexure
D, shall be sufficient
i) Copy of any of the following documents:
- Succession certificate; or
- Probate of Will; or
- Will, along with a notarized indemnity bond from the legal
heir(s)/claimant(s) to
whom the securities are transmitted, as per the format specified provided in
Annexure
E; or
- Letter of Administration; or
- Court Decree; or
- Legal Heirship Certificate or its equivalent, along with
(1) a notarized indemnity bond from the legal heir(s) / claimant(s) to whom the
securities are transmitted, as per the format specified provided in Annexure E;
and
(2) No Objection from all the non -claimants, duly attested by a notary public or
by a
gazetted officer as per the format provided in Annexure F.
The document should be Attested by the legal heir(s)/claimant(s) subject to
verification with the original or duly attested by a notary public or by a
Gazetted
officer.
Note:
As on the date of submission of complete documentation, for cases where the value
of
securities is:
-
A)
Physical Securities
Upto Rs 5 lakhs per listed entity
- A) Dematerialised Securities
Upto Rs 15 lakhs per listed entity
instead of and where the documents mentioned in point (i) above are not
available, the
following documents may be submitted:
- no objection certificate from all legal heirs(s), as per the format provided
in
Annexure
F, or
copy of family settlement deed executed by all the legal heirs, duly
attested by a
notary public or by a gazetted officer; and
- notarized indemnity bond made on non - judicial stamp paper of appropriate
value,
indemnifying the Share Transfer Agent/listed entity, in as per the format
provided in
Annexure
E.
Note:
- Ready reckoner: Documents required for Transmission of Securities is as per
Annexure
A.
- Operational Guidelines for processing investor’s service request for the
purpose of
transmission of securities is as per Annexure
B.
II) PROCEDURE FOR TRANSMISSION IN CASE OF SECURITIES HELD BY JOINT SECURITY
HOLDERS
SEBI vide Circular No SEBI/HO/MIRSD/MIRSD_RTAMB/P/CIR/2021/644 dated 18.10.2021
provided clarification for Transmission of Securities in cases where securities
are held
by joint Holder(s).
In this regard, RTAs are hereby advised to comply with the aforesaid provisions
of the
Companies Act 2013 and transmit securities in favour of surviving Joint
holder(s), in
the event of demise of one or more joint holder(s), provided that there is
nothing
contrary to the same in the Article of Association of the company.
III) OPERATIONAL GUIDELINES FOR PROCESSING INVESTOR’S SERVICE REQUEST FOR THE
PURPOSE
OF TRANSMISSION OF SECURITIES:
National Securities Depository Limited (NSDL) vide circular dated 07.10.2022
specified
Operational Guidelines for Demat of securities received for processing investor
service
requests. The same is covered under (III) below.
- After verifying and processing the request, the RTA / Issuer Companies shall
intimate the claimant(s) about its execution as may be applicable, by way of
issuing a
Letter of Confirmation (Format at Annexure G).
- The RTA shall retain the physical securities as per the existing procedure
and
deface the certificate with a stamp “Letter of Confirmation Issued” on the
face /
reverse of the certificate, subsequent to processing of service request.
- The Letter of Confirmation shall, inter-alia, contain details of folio and
demat
account number (if available) of the claimant(s).
- The Letter of Confirmation shall be sent by the RTA / Issuer Companies
through
Registered / Speed Post to the claimant(s) and a digitally signed copy of
the Letter
of Confirmation shall be sent by the RTA/Issuer Companies to the claimant(s)
through
e-mail.
- Within 120 days of issue of the Letter of Confirmation, the claimant(s)
shall submit
the demat request via demat request form (DRF), along with the original
Letter of
Confirmation or the digitally signed copy of the Letter of Confirmation, to
the
Depository Participant (“DP”).In case of non-receipt of demat request from
the
claimant(s) within 120 days of the date of issue of the Letter of
Confirmation, the
securities shall be credited to Suspense Escrow Demat Account of the Issuer
Company
- The RTA / Issuer Companies shall issue a reminder after the end of 45 days
and 90
days from the date of issuance of the Letter of Confirmation, informing the
claimant(s) to submit the demat request as above, in case no such request
has been
received by the RTA / Issuer Company.
- Every Client shall submit to the Participant the securities for
dematerialisation
along with the Dematerialisation Request Form (DRF). The specimen of the DRF
is given
in Form 4.
- The Participant shall forward the DRF so received, along with the letter of
confirmation to the Issuer or its Registrar & Transfer Agent after
electronically
registering such request with the Depository. Such DRF shall be
forwarded by
the Participant not later than seven days of accepting the same from its
Client. Provided further that in case of
transposition/transmission/signature variation with issuer’s records and
dematerialisation cases, the Participant shall also forward Form 31/32/42 as
the case
may be, along with the DRF to the Issuer or its Registrar & Transfer Agent.
- In the case of securities which have been submitted for dematerialisation
for which
any objection memo has been received from the Issuer or its Registrar and
Transfer
Agent, the Participant shall facilitate the correction of such objections on
a timely
basis. DP shall generate the demat request number (DRN) on
the basis
of the Letter of Confirmation and forward the same to the Issuer Company /
RTA for
processing the demat request.
- In case of a public or rights issue with respect to a security which has
been
admitted to the Depository to be held in dematerialised form, the Issuer or
its
Registrar and Transfer Agent shall provide the Clients with the facility to
indicate
their option between electronic and physical holdings in the share
application form in
the form and manner provided in Form 5.
- After successful verification, the Issuer or its Registrar & Transfer Agent
shall
intimate the Depository authorising an electronic credit for that security
in favour
of the Client. On receipt of such intimation, the Depository shall cause
necessary
credit entries to be made in the account of the Client concerned.
- Where the Issuer or its Registrar & Transfer Agent rejects any
dematerialisation
request, it shall electronically intimate the Depository regarding such
rejection
within a period of fifteen days.
- In case of the securities which are required to be locked in, the RTA while
approving / confirming the demat request, shall incorporate / intimate the
Depository
about the lock-in and its period.
- In the event of an intimation being received by the Depository from Issuer
or
Registrar & Transfer Agent to credit the account of the Client with
securities which
do not match with the details of the Client or Participant, the balance
shall be held
in suspense account and shall be reconciled.
- In the event of any person making a claim to the securities that are held in
the
name of the Client with the Depository after the same are so registered,
such claim
must be settled amongst the Participants, Clients and Issuer or its
Registrar &
Transfer Agent.