Operational Guidelines for processing investor’s service request for the purpose of issuance of duplicate securities

Must read

TaxClue Team
TaxClue Teamhttp://taxclue.in
Taxclue is an online news portal for reporting all news, articles, judgments, Circulars, orders, and notifications relating to various corporate and tax laws in India. We use the tagline ‘Simplifying Laws’. Our mission is to Simplify the Laws and make people aware of their rights and duties in relation to tax matters in order to equip them to participate in nation-building.

The operational guidelines for processing investor service requests for the purpose of issuance of duplicate securities are as under:

    1. The RTA/Issuer Companies shall use the format for:
      1. Form A- Affidavit made on non-judicial stamp paper, for issuance of duplicate securities,
      2. Form B – Indemnity Bond made on appropriate non-judicial stamp paper of appropriate value
      3. Form C – Format of Letter of Confirmation
      4. Investor Service Request Form – 4 (ISR 4)
    2. After verifying and processing the documents submitted for issuance of duplicate securities, the RTA / Issuer Companies shall intimate the claimant(s) about its execution as may be applicable, within 30 days of the receipt of such request, by way of issuing a Letter of Confirmation (Form C).
    3. For issuance of duplicate securities, 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 the processing of service request.
    4. The Letter of Confirmation shall, inter-alia, contain details of folio and demat account number (if available) of the claimant(s).
    5. The Letter of Confirmation shall be sent by the RTA / Issuer Companies through Registered / Speed Post to the claimant(s). Additionally, the RTA/Issuer Companies may send such letter through e-mail with e-sign and / or digital signature.
    6. Within 120 days of issue of the Letter of Confirmation, the claimant(s) shall submit the demat request, along with the original Letter of Confirmation or the digitally signed copy of the Letter of Confirmation, to the Depository Participant (“DP”).
    7. DP shall generate the demat request on the basis of the Letter of Confirmation and forward the same to the Issuer Company / RTA for processing the demat request.
    8. 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.
    9. 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.
    10. 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.

FORM –A AFFIDAVIT

[For issuance of duplicate securities]

Note: This affidavit is to be executed in the presence of a Public Notary

[To be submitted in non-judicial stamp paper of appropriate value]

I/We,______________________Son / daughter of_____________________________residing at_____________________________________________________________, having Permanent Account No (s)________________________________do hereby solemnly affirm and state on oath as follows.

  1. That I/We,________________________________________________________ (“all the shareholders ”) hold the following_________(number of) securities under Folio no._____in ________________ (name of the company) in my/ our name as single holder / joint holder:
Company Name Folio No. No. of securities held Security Certificate No. Distinctive Nos.
From To
1)
2)
3)

 

2. I/We__________________________________further swear / solemnly declare that I/ we am/are applying for issue of duplicate certificate(s) to me/us on the ground that the original security(ies) certificate(s) has/have been misplaced / not found by me/us, despite a diligent search made by me/us in that behalf.

3. I/We_____________________________________________further swear /solemnly declare that the said securities are not sold or pledged or deposited by way of security to any person/company.

4. I/We________________________________________________hereby further swear / solemnly declare that if, after the duplicate share certificate(s) is / are issued to us as aforesaid, the original security(ies) certificate(s) is / are at any time subsequently, found, recovered or traced by us or by anyone on our behalf, then, we unconditionally undertake not to deal with the said original share certificate(s) in any manner whatsoever (whether by physical transfer or dematerialization or as security or pledge) and further unconditionally undertake to promptly surrender the original share certificate(s) to the Registrar and Transfer Agent / Company, for cancellation.

5. I/We________________________________________am/are making the above solemn declaration on oath with full knowledge of the fact that in the event the original security (ies) certificate(s) issued is /are found, recovered and traced by me/us and instead of surrendering the same is / are dealt with by me/us as aforesaid, the Company will be at liberty to adopt civil and / or criminal proceedings against me/us for my/our failure to promptly surrender the original security (ies) certificate(s), for cancellation and for breach of my/our solemn declaration and undertaking not to deal with the original security (ies) certificate(s) in any manner whatsoever as aforesaid at my/our entire risk as to cost and consequences.

Signature of all deponents :

________________________

________________________

VERIFICATION

We hereby solemnly affirm and state that what is stated herein above is true to our knowledge and nothing has been concealed therein and that we are competent to contract and entitled to rights and benefits of the above mentioned securities.

Deponent(s) (1)____________ (2)_______________ (3)_____________

Solemnly affirmed at Signature of the Deponent(s): _________________

Signed before me

_________________

Place: Date :

_________________________

Signature of Notary with Official Seal of Notary & Regn. No.

 

=====================================================

Form-B INDEMNITY

[For issuance of duplicate securities]

Note: This indemnity is to be executed in the presence of a Public Notary / Gazetted Officer

[To be submitted on non-judicial stamp paper of appropriate value]

I/We,_____________________________Son / daughter / spouse / ………… of _____________________residing at ____________________________having Permanent Account No (s) ___________________do hereby solemnly affirm and state on oath as follows.

  1. That I/we, am/are the sole/joint holder/s of the Securities in following folios. I/We request you to issue a duplicate certificate(s) for securities, as detailed below in my/our name(s):
Name of the Company Certificate No.** Distinctive No.** Folio No. ** No. and Face value of securities held
1
2
3
4

**In case of non-availability of Certificate Nos./Distinctive Nos./ Folio nos., security holder shall obtain the same from RTA.

2. That the above securities were acquired by me/us for valuable consideration out of my/our own investment/funds against allotment in Public Issue/allotment in Right Issue or acquired from the market/through inheritance in the year(s) ………….

3. I/We hereby jointly and severely agree and undertake to indemnify and keep indemnified, saved, defended, harmless, the aforesaid (Name of the Company/RTA) and its successors and assigns for all time hereafter against all losses, costs, claims, actions, demands, risks, charges, expenses, damages, etc., whatsoever which you may suffer and/or incur by reason of your, at my/our request, issuing the said Duplicate Securities as herein above mentioned, to the undersigned.

IN WITNESS WHEREOF the said 1) Mr. /Ms. ______________ (Name and signature of the witness)

And 2) Mr. /Ms. __________________________Name and signature of the witness #, have hereunto set their respective hands and seals this day of_______________________

Address of First holder / Applicant :

_____________________________

Signature of All holder(s) / Applicant(s) :

_____________________________

 

Pincode

Date

Email id

Tel. No.

FOR OFFICE USE ONLY

Signature checked by :________________________________

Signed before me

at:

on :

Signature of Notary / JMFC

Official stamp & seal of the Notary Magistrate/ Notary & Regn. No.:

 

=======================================================

RTA / ISSUER COMPANY NAME AND ADDRESS

Name:                                                                                             Date:

Address:

Dear Sir/Madam,

LETTER OF CONFIRMATION

Sub: Issuance of Securities in dematerialized form in case of Investor Service Requests

Name of the Company:

We refer to the request received from you for issuance of securities in your name. We would like to inform you that the request has been approved as detailed below:

Name of first holder & PAN Joint holder 1 & PAN Joint holder 2 & PAN
Number of securities
Folio Number
Certificate numbers
Distinctive numbers
Lock-In Yes or No.

If yes, lock-in from / / till / / (DD/MM/YYYY)

As you may be aware, SEBI vide Gazette Notification no. SEBI/LAD-NRO/GN/2022/66 dated January 24, 2022, has mandated that the securities that are issued pursuant to investor service request shall henceforth be issued in demat mode only and hence the security certificates (wherever applicable) are retained at our end.

Accordingly, within 120 days of this letter, please request your Depository Participant (DP) to demat these securities using the Dematerialization Request Form (DRF). Please fill the DRF with the details mentioned in this letter, sign it and present this letter in original to your DP along with the DRF for enabling your DP to raise a Demat Request Number (DRN). In case you do not have a demat account, kindly open one with any DP. Please note that you can open Basic Service Demat Account at minimal / nil charges.

Please note that this letter is valid only for a period of 120 days from the date of its issue within which you have to raise demat request with the DP as above. Any request for processing demat after the expiry of aforesaid 120 days will not be entertained and as per the operating guidelines issued by SEBI, the subject securities shall be transferred to a Suspense Escrow Demat Account of the Company.

Thanking you, Yours faithfully,

For ABCD Limited (RTA) Authorized Signatory

====================================================

Form ISR-4

(Refer to circular No. SEBI/HO/MIRSD/MIRSD_RTAMB/P/CIR/2022/8 dated January 25, 2022, on Issuance of Securities in dematerialized form in case of Investor Service Requests)

Request for issue of Duplicate Certificate and other Service Requests

(for Securities – Shares / Debentures / Bonds, etc., held in physical form)

Date: _______

Mandatory Documents/details required for processing all service requests:

I / We are submitting the following documents/details and undertake to request the Depository Participant to dematerialize my / our securities within 120 days from the date of issuance of the Letter of Confirmation, received from the RTA/Issuer Company (tick as relevant)

  • Demat Account No. (If available):

Provide Client Master List (CML) of your Demat Account from the Depository Participant*

PAN Specimen Signature
Nomination / Declaration to Opt-out

* (Your address, e-mail address, mobile number and bank details shall be updated in your folio from the information available in your CML). You can authorize the RTA to update the above details for all your folios. In this regard, please refer to and use Form ISR-1 in SEBI circular dated November 03, 2021.

  1. I / We request you for the following (Tick the relevant box)
□ Issue of Duplicate certificate Claim from Unclaimed Suspense Account
□ Replacement / Renewal / Exchange of securities certificate □ Endorsement
□ Sub-division / Splitting of securities certificate □ Consolidation of Folios
□ Consolidation of Securities certificate □ Transmission
□ Transposition (Mention the new order of holders here)

 

I / We are enclosing certificate(s) as detailed below**:

Name of the Issuer Company
Folio Number
Name(s) of the security

holder(s) as per the certificate(s)

1.

2.

3.

Certificate numbers
Distinctive numbers
Number & Face value of securities

** Wherever applicable / whichever details are available

Document/details required for specific service request:

    1. Duplicate securities certificate
    2. Claim from Unclaimed Suspense Account
Securities claimed (in

numbers)

(in words)

 

3. Replacement / Renewal / Exchange of securities certificate (that is defaced, mutilated, torn, decrepit, worn out or where the page on the reverse is fully utilized)

4. Endorsement

5. Sub-division / Splitting of securities certificate

6. Consolidation of securities certificate/Folios

7. Transmission

8. Transposition

Provide/attach original securities certificate(s) for request for item numbers III to VIII above.

Declaration: All the above facts stated are true and correct to best of my / our knowledge and belief.

Security Holder 1 / Claimant Security Holder 2 Security Holder 3
Signature
Name
Full address
PIN

After processing the service request, the RTA shall issue a ‘Letter of Confirmation’ to the securities holder/claimant, which is valid only for 120 days. Using this ‘Letter of Confirmation’, the securities holder/claimant shall request the DP to dematerialize the securities, failing which the securities shall be credited to the Suspense Escrow Demat Account of the Company.

- Advertisement -spot_img

More articles

Leave a Reply

- Advertisement -spot_img

Latest article

%d bloggers like this: