PROCEDURE TO CLAIM SHARES TRANSFERRED TO IEPF AUTHORITY

PROCEDURE TO CLAIM SHARES TRANSFERRED TO IEPF AUTHORITY

How to claim shares and dividend transferred to IEPF Authority?
PROCESS TO GET BACK SHARES FROM IEPF

Dear Reader,

In the previous article we understand the procedure for transfer of shares to the IEPF authority for which due date was deemed to be 31.10.2017 as per the IEPF (Second Amendment) Rules, 2017 as on 13.10.2017.

Here is the direct link for the same:  Link for Previous article on IEPF.

After transfer of shares,now shareholder seeks the reason of transfer and wish to claim the same form the IEPF authority for which form is available on IEPF Website. Here is responsibility of the Company Secretary cum Nodal Officer of the Company to provide solution to the shareholders.

Hence we came with the detailed procedure to claim the shares and dividend from the IEPF authority and practical aspects of the same from the point of view of shareholder and the Company.

As you are aware, dividend declared by the Company is remitted either electronically to the designated bank account or by sending dividend warrant to the registered address of the shareholders. 

STATUTORY PROVISIONS:

As you are aware, dividend declared by the Company is remitted either electronically to the designated bank account or by sending dividend warrant to the registered address of the shareholders. 

As per Section 124(5) of the Companies Act, 2013, any dividend remaining unpaid/unclaimed for a period of 7 (seven) years is required to be transferred by the Company to the Investor Education and Protection Fund (IEPF) established by the Central Government. The Company has regularly uploaded on its website and also on the website of the Ministry of Corporate Affairs, Government of India, full details of such unpaid or unclaimed dividends before transferring to IEPF.

TRIGGER POINT OF TRANSFER OF SHARES:

Further as per Section 124(6) read with Rule 6 of the Investor Protection and Education Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016, as amended from time to time, where the seven year period provided under section 124(5) of the Companies Act, 2013 has been completed or being completed during the period from 7th September, 2016 to 31st October, 2017, the due date for transfer of such shares to IEPF Account shall be deemed to be 31^st October, 2017.

Therefore the provision of Transfer of shares to IEPF on the part of Company executed on or after 31.10.2017 Link for Procedure for Transfer of Shares to IEPF.

PROCEDURE ON THE PART OF SHAREHOLDER / CLAIMANT:

Hence concerned shareholder/ claimant is required to claim the aforementioned shares and dividend amounts from the Investor Education and Protection Fund Authority by following the below mentioned procedure:

1)    Shareholder is required to Open a Demat Account with NSDL/ CDSL as shares will be released by the IEPF Authority in favor of claimants only in the Demat Account of the claimant. (ignore if already opened)

2)  Download Form IEPF-5 from the website of IEPF (http://www.iepf.gov.in) (Direct Link of Form IEPF-5)

Read the instructions provided on the website/instruction kit along with the e-form carefully before filling the form. (For your reference and easy perusal, click on the link for the HELP KIT)

3)  Fill the required fields of the Form and submit the duly filled form by following the instructions given in the upload link on the website. 

4)  On successful uploading of Form on MCA Portal, an acknowledgement will be generated indicating the SRN. Please note the SRN for future tracking of the form.

5)  Applicant has to send the attachments prescribed below to Nodal Officer (IEPF) of the Company at its registered office in an envelope marked “claim for refund from IEPF Authority” for initiating the verification for claim

DOCUMENTS REQUIRED TO SUBMIT TO NODAL OFFICER OF THE RESPECTIVE COMPANY / RTA

a. Print out of duly filled claim form with claimant signature.

b. Copy of acknowledgement

c. Indemnity Bond (original) with claimant signature (As per format given in Annexure II-Refer page 9 of instruction kit) to be executed :

·                On a non-judicial Stamp Paper of the value as prescribed under the Stamp Act (according to state) if the amount of the claim is Rs.10, 000 or more. Please ensure to enter date, place and Signature of claimant and witness. or

·                 On a plain paper if the amount claimed does not exceed Rs.10,000.

·            ·   In case of refund of shares, on a non-judicial Stamp Paper of the value as prescribed under the Stamp Act.

d. Advance Stamped receipt (original) with signature of claimant and two witnesses. (As per format given in Annexure I, Refer page 8 of instruction kit)

e) Self attested copy of PAN Card

f) Self attested copy of Aadhaar Card (For Indian Nationals)

g) Proof of entitlement (certificate of share/Interest warrant Application No. etc.)

h) Cancelled Cheque leaf

i) Copy of Passport, OCI and PIO card in case of foreigners and NRI

j)  Latest Client Master List

k) Transaction statement showing debit/transfer of shares to IEPF if shares were held in Demat Form

l) Original Share Certificate

l) Letter from the RTA stating that claimant is entitle to  such number of shares and dividend.

6)  In case of death of a shareholder, legal heir/claimant is also required to follow the procedure of transmission of shares by sending the following documents along with above documents:

(i)    Require request letter for transmission of shares duly signed by all deponents and mention full address, Contact no, Email ID &  Also full Bank details such as Bank name, Branch address, SB A/C No. MICR No (9-digit code no.)    

(ii)     Affidavit & Indemnity bond 

(iii)    Copy of death certificate duly attested 

(iv)    Legal heir certificate issued by competent authorities

(v)     Original share certificate

(vi)    Signature Verification Certificate 

(vii)  No objection certificate (NOC) from all legal heirs who do not object to such transmission

(viii)  For value of securities more than Rs. 2,00,000 (Rupees Two lakh only) copy of probated will / succession certificate/letter of administration (Hindi/English version) duly

7)   On receipt of documents, completed in all aspects will be verified by the the Nodal officer of the Company and on the basis of company's verification report (Format given below), refund will be released by the IEPF Authority in favor of claimants' Aadhaar linked bank account through electronic transfer and shares in the Demat Account of the claimant.

Practical aspects of procedure to claim shares and dividend from IEPF Authority:-

Step 1 :Shareholder/ Claimant will seek exact details of Dividend and shares from the Registrar/ Company

Step 2 : Registrar/ Company will provide details and procedure as mentioned above in reply to the letter and may issue Entitlement Letter

Step 3 : Shareholder needs to file the requisite from and follow the procedure (For any professional help ping us at the undermentioned contact details)

Step 4 :   After receipt of copy of filed form and required documents from the shareholder, RTA/ Company will prepare a verification report as per the latest format.

Step 5 :  Submit the verification report duly signed by the Nodal Officer of the Company to the IEPF authority through post within 15 days of receipt of the claim along with Excel sheets as enclosure with Eform IEPF-1 & 4 highlighting the details of the claimant for the claim duly attested by the nodal officer. ( i.e. attachment of IEPF-1/INV-1 & IEPF-4).

Step 6 :  IEPF will verify the details  and refund will be released by the IEPF Authority in favor of claimants' Aadhaar linked bank account through electronic transfer and shares in the Demat Account of the claimant.

 As per Rule 7(4) of IEPF Rules, 2016

  (a) After verification of the entitlement of the claimant- (a) to the amount claimed, the Authority and then Drawing and Disbursement Officer of the Authority shall present a bill to the Pay and Accounts Office for e- payment as per the guidelines.

   (b) to the shares claimed, the Authority shall issue a refund sanction order with the approval of the Competent Authority and shall either credit the shares which are lying with depository participant in IEPF suspense account (name of the company) to the demat account of the claimant to the extent of the claimant’s entitlement or in case of the physical certificates, if any, cancel the duplicate certificate and transfer the shares in favour of the claimant.

MOST IMPORTANT THINGS TO BE NOTED:

The verification report is as per the latest format prescribed by the Authority. The revised proforma can be found at http://www.iepf.gov.in/IEPF/pdf/RevisedProforma_03052018.pdf

Ø  All the KYC documents of the applicant like PAN Card, Aadhar Card are self-attested. Documents of all the holders are required in case of joint holding.

Ø  Advance Receipt and Indemnity Bond are duly stamped and details of the witness are mentioned. Revenue stamp on the Advance receipt is duly affixed.

Ø  Proof of Entitlement (Original Certificate in case of matured deposits/debentures/bonds and Share certificate in case of shares) is attached.

Ø  Client-Master List of the applicant in case of shares is attached.

Ø   In case of claim related to shares, RTA letter confirming the amount and no of shares transferred to IEPF Authority is attached in case

Ø  Non-liability clause is mentioned properly in the Verification Report.

Ø  Excel Sheets/Challans wherever applicable are duly attested and attached with the dossier.

Ø  For Proof of Entitlement:

o   Dividend warrant or self-attested copy of share certificate in case of claiming Unpaid/Unclaimed Dividend.

o   Original share certificate & Letter from Registrar & Transfer Agent of company duly verified by Nodal Officer for share & any Unpaid/ Unclaimed Dividend transferred to IEPF. (in case share held in  Physical form).

o   Letter from Registrar & Transfer Agent, if share held in Demat form for share and Unpaid/ Unclaimed Dividend  transferred of IEPF, duly verified by Nodal Officer

o   Letter from Registrar & Transfer Agent is mandatory in every case of share & dividend, duly verified by Nodal Officer.

o   In case of transmission/legal heir/successor/nominee, the applicant shall ensure that the transmission process is completed before filing any claim as required under Rule 7(8) of IEPF Rules, 2016. Further, the company shall issue a letter of entitlement as per Rule 7(9) of IEPF Rules, 2016 in case the request for transfer/transmission is received after transfer of shares to IEPF Authority.

DRAFT OF DOCUMENTS

(Application to the Authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund)

 Annexure I                                 Advance Receipt

Received from the Investor Education and Protection Fund Authority the sum of Rs…………… and No. of Shares ……………… being the amount and shares payable to me from the Investor Education and Protection Fund as …………. (Dividend on Equity / Preference shares / matured deposits / matured debentures / application money due for refund / interest accrued on……………………./Dividend credited to IEPF under Companies Act, 1956 or Companies Act, 2013/ Dividend credited to General Revenue Account under Companies Act, 1956 / others, specify… )# which was originally due from M/s……………………………………………………………………..(Name of the Company)

 Signature of claimant with date

Affix Revenue Stamp

Signature of witness:

1.  Signature with date 
Name
Address

2.  Signature with date
Name
Address

 * Please ensure to affix Revenue Stamp with crossed Signature to avoid delay in processing of the claim

# Strike off whichever is not applicable

(Application to the Authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund)

 Annexure II                                Indemnity Bond 

To

The Investor Education and Protection Fund Authority

………………………

In consideration of the payment of Rs .……………. and No. of shares…................... being the amount and shares due to me as …………………… (Dividend on Equity / Preference shares / matured deposits / matured debentures / application money due for refund / interest accrued on……………………./Dividend credited to IEPF under Companies Act, 1956 or Companies Act, 2013/ Dividend credited to General Revenue Account under Companies Act, 1956 / others, specify………….)# for the Financial Year...................................... from M/s ……………………………………....(Name of the Company) out of the Investor Education and  Protection Fund  by  the Authority,  I  …………………………….son  /daughter /wife# of………..…………………. do hereby agree and undertake to indemnify the Investor Education and Protection Fund Authority to the extent of any claim not exceeding the amount hereinbefore mentioned which may be preferred against the Investor Education and Protection Fund Authority, and which it has to lawfully discharge.

Signature 

Date:
Place:

Witnesses:

Signature of witness:

1.  Signature with date 
Name
Address

2.  Signature with date

Name

Address

* For ensuring timely processing of the claim, please ensure to make all the entries

# Strike off whichever is not applicable

For COMPANY

                           Revised Proforma For Verification Report (03.05.2018) & (19.07.2018)

Please go through the revised guidelines dated 19.07.2018 Click Here for Notification

Please tick on appropriate box:

                        Original Claim                       Resubmitted Claim

- Name of Company:                                         ………. Limited

- Verification Report of claim made vide SRN No ……………… to IEPF Authority

1.       Name of the Applicant                          :                     

2.       Folio No/ DP ID/ Client ID                   :                

3.       Amount claimed                                      :                                 

4.       Type of security                                       :      Equity

5.       Period for which the claim relates    :

6.       Details of challans through amount was deposited, with verified copy of challans and year wise detail:-

Name of Claimant	SRN of form IEPF-1/ INV-1	Challan Number	Date	Amount of Refund
			Total	Rs.

7.       Detail of share transferred with verified  copy of year wise details :-

Name of Claimant	SRN of form IEPF-4	Date of transfer	Number of shares to be refunded	Type Of Shares (Physical/Demat)

8.       Whether claimant’s bank details tally

With the cancelled cheque leaf                :             

9.       Whether the claimants Demat account

Details tally with Company record             ………………………………………………….

10. Recommendation

If approved then:

(a)   Proposed refund amount                  :                           

(b)  Amount in Figures                               :                        

(c)   Proposed number of share for refund    :      

If rejected, reason thereof:-

(a)   Data Bank of company does not find the

name of applicant as security holder

(b)  Mismatch in Folio no./DP ID/ Client ID

(c)   Signature mismatch

(d)  Mismatch in nature of Security

(e)   Any Litigation is pending (Give details)

(f)    Incomplete documents (give Details)

(g)   Duplicate claim made by applicant ( Give details of earlier claim allowed)

(h)  Any other reason:

                      

Note: Mismatch of amount claimed is not a reason of rejection.

Attachment with resubmitted cliam:
a) ..........
b) ..........
c) ..........

Non-Liability Clause

-          The Company shall be solely liable under all circumstances whatsoever to indemnify the IEPF Authority in case of any dispute or lawsuit that may be initiated due to any incongruity or inconsistency of disparity in the verification report or otherwise.

-          The IEPF Authority shall not be liable to indemnify the security holder of Company for any liability arising out of any discrepancy in verification report submitted etc., leading to any litigation or complaint arising thereof.

         

Name of Nodal Officer:

Signature :

Date :

Stamp: 

Encl: Attachments as per notification dated 19.07.2018

RECTIFICATION OF INCORRECT DETAILS FILLED IN FORM IEPF-5

We encounter several cases where few details filled in Form IEPF-5 entered as wrong or in case we need to alter the details entered therein.

In such cases, MCA allows to rectify the defects by filing an additional Form on MCA portal.

The defects or incompleteness in any respect in this eForm as noticed shall be placed on the Ministry's website (www.mca.gov.in).

In case the eForm is marked as RSUB or PUCL, please resubmit the eForm or file Form GNL-4(Addendum), respectively. Please track the status of your transaction at all times till it is finally disposed off. (Please refer Rule 10 of the Companies (Registration offices and Fees) Rules, 2014) It is compulsory to file Form GNL-4 (Addendum) electronically within the due date whenever the document is put under PUCL, failing which the system will treat the document as invalid and will not be taken on record in accordance with Rule 10(4) of the Companies (Registration offices and Fees) Rules, 2014

You may ping us on the below number for any help in filing of Form IEPF-5 for claim of shares/ dividend FREELY

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Ravi Garg                                    

Company Secretary                    

91-7838204665,

csravi2014@gmail.com