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.