Introduction: Understanding the Investor Education and Protection Fund (IEPF) and its associated forms is crucial for companies and claimants alike. The IEPF serves multiple purposes, including refunding unclaimed dividends and deposits, promoting investor education, and distributing disgorged amounts. Various forms are filed with the IEPF Authority for different purposes, each with its own requirements and deadlines. This comprehensive guide provides insights into the purpose, due dates, processing types, fees, filing responsibilities, and where to file each IEPF form, ensuring compliance and efficient management of unclaimed funds.
All About IEPF Forms
IEPF or Investor Education and Protection Fund is a fund created for –
- The refund in respect of Unclaimed Dividends, Matured Deposits, Matured Debentures, the Application Money due for refund and interest thereon to the Investors
- Promotion of Education, Awareness and Protection amongst the Investors
- Distribution of any Disgorged Amount among eligible and identifiable Applicants for Shares or Debentures, Shareholders, Debenture-holders or Depositors who have suffered losses due to wrong actions by any person, in accordance with the orders made by the Court which had ordered disgorgement
- Reimbursement of Legal Expenses incurred in pursuing Class Action Suits under Sections 37 and 245 by Members, Debenture-holders or Depositors as may be sanctioned by the Tribunal and
- Any other purpose incidental thereto, in accordance with such rules as may be prescribed
Various IEPF Forms are filed with the IEPF Authority by the Company or the Claimant for various reasons like –
IEPF -1 is filed by the Company to intimate the IEPF Authorities about the amount becoming due to be credited to the Fund
IEPF – 2 is filed by the Company to intimate the IEPF Authorities about the unpaid or unclaimed amounts with the Company in the Financial Year and for appointment/cessation of Nodal/Deputy Nodal Officer.
IEPF – 3 is filed by the Company to intimate the IEPF Authorities about the amount due to transfer to IEPF, however not transferred due to the Order of Court or Tribunal or any Statutory Authority
IEPF – 4 is filed by the Company to intimate the IEPF Authorities about the transfer of Shares/Benefits accrued from the Shares to IEPF
IEPF – 5 is filed by the Claimant to claim back the Shares/Amount already transferred to IEPF
IEPF – 6 is filed by the Company to intimate the IEPF Authorities about the amount already transferred to IEPF realised from proceeds received due to delisting/surrender of Shares or further Dividend realised.
The Forms are described in detail below –
FORM IEPF-1
Purpose: Information related to Statement of accounts related to IEPF
Due Date of Filing: 30 days from date of amount becoming due to be credited to the Fund.
Processing Type: STP
Fees:
Fee applicable in case of company having share capital
Nominal Share Capital | Fee Applicable |
Less than 1,00,000 | Rs.200 |
1,00,000-4,99,999 | Rs.300 |
5,00,000-24,99,999 | Rs.400 |
25,00,000-99,99,999 | Rs.500 |
1,00,00,000 or more | Rs.600 |
Fee applicable in case of company not having share capital
Rs. 200
Additional Fees
Period of Delay | Additional Fees |
Up to 30 days | 2 times of normal fees |
More than 30 days and up to 60 days | 4 times of normal fees |
More than 60 days and up to 90 days | 6 times of normal fees |
More than 90 days and up to 180 days | 10 times of normal fees |
More than 180 days | 12 times of normal fees |
Filing Responsibility: Company
Where to File: Form IEPF to be uploaded on MCA
Excel Sheet to be submitted on IEPF Portal (1 day post Form IEPF-1 submission)
E-form as per Companies Act, 1956:- 1INV
Provisions as per Companies Act, 2013:- Rule 5(1) of IEFP Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
Process of crediting the amount:
- Login on MCA V2 Portal
- Click on ‘Pay Miscellaneous Fee’ under MCA Services Option
- Choose option IEPF from the dropdown
Note: The amount here to be paid only after uploading Form IEPF-1 and Payment of its Fees.
Attachments: No Mandatory Attachments.
FORM IEPF- 2
Purpose:
- Statement of unclaimed or unpaid amounts
- Appointment of Nodal Officer or Deputy Nodal Officer
- Updation of details of Nodal Officer
- Updation/Cessation of details of Deputy Nodal Officer
Due Date of Filing: 60 days from date AGM or due date of AGM for Statement of unclaimed or unpaid amounts
7 days from the change for change in the Nodal Officer (Date of Board Meeting in which noted or appointed).
Processing Type: STP
Fees:
Fee applicable in case of company having share capital
Nominal Share Capital | Fee Applicable |
Less than 1,00,000 | Rs.200 |
1,00,000-4,99,999 | Rs.300 |
5,00,000-24,99,999 | Rs.400 |
25,00,000-99,99,999 | Rs.500 |
1,00,00,000 or more | Rs.600 |
Fee applicable in case of company not having share capital
Rs. 200
Additional Fees
Period of Delay | Additional Fees |
Up to 30 days | 2 times of normal fees |
More than 30 days and up to 60 days | 4 times of normal fees |
More than 60 days and up to 90 days | 6 times of normal fees |
More than 90 days and up to 180 days | 10 times of normal fees |
More than 180 days | 12 times of normal fees |
Filing Responsibility: Company
Where to File: Form IEPF-2 to be uploaded on MCA
Excel Sheet to be submitted on IEPF Portal for statement of unclaimed or unpaid amounts (1 day post Form IEPF-2 submission)
After submission of Form IEPF-2 and approval of SRN for appointment or updation of details of Deputy/Nodal Officers, the officers need to register themselves as Nodal Officer-IEPF on MCA website with their PAN.
E-form as per Companies Act, 1956 :- Form 5-INV
Provisions as per Companies Act, 2013:- Rule 5(8) and 7(2B) of IEFP Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
Attachments: Board Resolution for appointment of Nodal Officer, incase of appointment and updation of details of Nodal Officer/ Deputy Nodal Officer.
Maximum 5 optional Attachments
FORM IEPF- 3
Purpose: Due to the order of court or Tribunal or any statutory authority, if the company does not transfer the amount/shares to IEPF then all such details shall be filed by the company/bank.
Due Date of Filing: 30 days from close of Financial Year
Processing Type: Non-STP to be approved by IEPF Authorities
Fees:
Fee applicable in case of company having share capital
Nominal Share Capital | Fee Applicable |
Less than 1,00,000 | Rs.200 |
1,00,000-4,99,999 | Rs.300 |
5,00,000-24,99,999 | Rs.400 |
25,00,000-99,99,999 | Rs.500 |
1,00,00,000 or more | Rs.600 |
Fee applicable in case of company not having share capital
Rs. 200
Additional Fees
Period of Delay | Additional Fees |
Up to 30 days | 2 times of normal fees |
More than 30 days and up to 60 days | 4 times of normal fees |
More than 60 days and up to 90 days | 6 times of normal fees |
More than 90 days and up to 180 days | 10 times of normal fees |
More than 180 days | 12 times of normal fees |
Filing Responsibility: Company
Where to File: Form IEPF-3 to be uploaded on MCA
E-form as per Companies Act, 1956 :- New Form
Provisions as per Companies Act, 2013:- Section 124(6) of Companies Act, 2013 read with Rule 18(3) of IEFP Authority Rules, 2016
Attachments: Order of Court / Tribunal / Statutory Authority
FORM IEPF- 4
Purpose:
- Statement of Transfer of Shares to IEPF in respect of which dividend has not been paid / claimed for 7 consecutive years or more u/s 124(6)
- Statement of Transfer of Shares to IEPF in respect of which no application has been made to release restrictions imposed by Tribunal u/s 90(8).
- Statement of Transfer of benefits accrued on Shares transferred to IEPF
Due Date of Filing: 30 days from date of Corporate action to Demat account of IEPF Authority.
Processing Type: Auto approved
Fees:
Fee applicable in case of company having share capital
Nominal Share Capital | Fee Applicable |
Less than 1,00,000 | Rs.200 |
1,00,000-4,99,999 | Rs.300 |
5,00,000-24,99,999 | Rs.400 |
25,00,000-99,99,999 | Rs.500 |
1,00,00,000 or more | Rs.600 |
Fee applicable in case of company not having share capital
Rs. 200
Additional Fees
Period of Delay | Additional Fees |
Up to 30 days | 2 times of normal fees |
More than 30 days and up to 60 days | 4 times of normal fees |
More than 60 days and up to 90 days | 6 times of normal fees |
More than 90 days and up to 180 days | 10 times of normal fees |
More than 180 days | 12 times of normal fees |
Filing Responsibility: Company
Where to File: Form IEPF to be uploaded on MCA
Excel Sheet to be submitted on IEPF Portal for statement of unclaimed or unpaid amounts (1 day post Form IEPF-4 submission)
Provisions as per Companies Act, 2013:- Section 124, Section 90 of Companies Act, 2013 and Rule 6(5) and 6(8) of IEFP Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
Attachments: Copy of Newspaper Advertisement
FORM IEPF- 5
Purpose: Application to the Authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF)
Due Date of Filing: Not Applicable
Processing Type: Non-STP. The e-Form will be processed by the IEPF Cell.
Fees: No Fees
Filing Responsibility: Claimant
Where to File: MCA
Provisions as per Companies Act, 2013 :- Section 125(3) of Companies Act, 2013
Attachments:
1. Aadhaar Card of the claimant and if joint holders are there, copy of Aadhaar card of all joint holders – Mandatory
2. Passport, OCI and PIO card in case of foreigners and NRI – Mandatory
3. Client Master List of De-mat A/c of the claimant – Mandatory
4. Proof of entitlement (Bonds/Debentures/Fixed Deposit receipts/Certificate of share/Interest warrant/Dividend warrant, Application No./Statement of transaction etc.) – Mandatory
5. Optional Attachment – Optional
In case of transmission, the below attachments are mandatory to attach
- Notarised copy of death certificate.
- Notarised succession certificate/Probate/Will
- No Objection Certificate from other holder
- Indemnity Bond for Transmission, duly notarized
- Affidavit in form of surety
FORM IEPF- 6
Omitted w.e.f. 20th August, 2019 by the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019.
FORM IEPF- 7
Purpose: Statement of amounts transferred to IEPF Account due to –
- The proceeds realised from surrender of Shares by Authority due to delisting of Shares
- The proceeds realised from surrender of Shares by Authority due to winding up of Company
- Any further dividend realised on such Shares
Due Date of Filing: 30 days from the date of transfer of the amount to IEPF
Processing Type: the form shall be processed by Registrar of Companies in Non-STP mode.
Fees:
Fee applicable in case of company having share capital
Nominal Share Capital | Fee Applicable |
Less than 1,00,000 | Rs.200 |
1,00,000-4,99,999 | Rs.300 |
5,00,000-24,99,999 | Rs.400 |
25,00,000-99,99,999 | Rs.500 |
1,00,00,000 or more | Rs.600 |
Fee applicable in case of company not having share capital
Rs. 200
Additional Fees
Period of Delay | Additional Fees |
Up to 30 days | 2 times of normal fees |
More than 30 days and up to 60 days | 4 times of normal fees |
More than 60 days and up to 90 days | 6 times of normal fees |
More than 90 days and up to 180 days | 10 times of normal fees |
More than 180 days | 12 times of normal fees |
Filing Responsibility: Company
Where to File: Form IEPF to be uploaded on MCA
Excel Sheet to be submitted on IEPF Portal for statement of unclaimed or unpaid amounts (1 day post Form IEPF-7 submission)
Provisions as per Companies Act, 2013 :- Rule 6(13) of IEFP Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
Attachments: Copy of Resolution declaring dividend/winding up order/delisting order
Conclusion: Navigating the intricacies of IEPF forms is essential for companies and claimants to manage unclaimed dividends, deposits, and other funds effectively. By understanding the purpose, deadlines, and filing procedures of each form, stakeholders can ensure compliance with regulations and contribute to the protection and education of investors. Additionally, staying informed about any updates or amendments to IEPF rules and regulations is vital for maintaining accuracy and adherence to legal requirements. With this knowledge, companies and claimants can navigate the IEPF landscape confidently, promoting transparency and accountability in financial transactions.
very detailed and helpful article👍