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Procedure for transfer of unclaimed shares to the Investor Education and Protection Fund (IEPF) authority as required under section 124(6) of companies act, 2013
When Dividend Warrant has not been encashed by the Shareholders for a Continuous period during the last seven years
| Sr. No | Steps | Regulatory provisions | Action required to be taken |
| 1 | All such shares in respect of which dividend has not been paid or claimed for seven consecutive years or more shall be transferred by the Company in the name of Investor Education and Protection Fund alongwith a statement containing such details as may be prescribed | Section 124(6) of Companies Act, 2013 | Company to identify and prepare a list of all the shareholders who have not encashed the dividend warrants for a continuous period of last seven years, containing the details of name of the shareholder, Folio No, Demat Account No and number of shares etc, except the shares on which there is specific order of the court of Tribunal or statutory authority restraining any transfer of shares and where such shares are pledged or hypothecated under the provisions of Depositories Act, 1996 . |
| 2 | The Shares shall be credited to the demat account of the Authority to be opened by the Authority for the said purpose, within a period of thirty days of such shares becoming due to be transferred to the Fund | Rule 6(1) of Investor Education and Protection Fund Authority ( Accounting, Audit, Transfer and Refund) Rules, 2016 (“IEPF Rules”) | |
| 3 | Provided that, in case the beneficial owner has encashed any dividend warrant during the last seven years, such shares shall not be required to be transferred to the Fund even though some dividend warrants may not have been encashed. | Proviso (1) to Rule 6 | |
| 4 | The due date for transfer of shares, where the period of seven years has been completed or being completed during the period from September 7, 2016 to October 31, 2017, shall be deemed to be October 31, 2017 | Second Proviso to Rule 6 (1) of IEPF Rules | |
| 5 | Provided that the transfer of shares by the companies to the Fund shall be deemed to be transmission of shares and the procedure to be followed for transmission of shares shall be followed by the companies while transferring the shares to the Fund. | Third proviso to the Rule 6 of IEPF Rules | |
| 6 | Board of Directors of the Company to pass a resolution authorising the company secretary or any other person to sign the necessary documents | Rule 6(2) | Hold a board meeting or pass a resolution by circulation |
| 7 | Display the details of the shareholders whose shares are proposed to be transferred to the IEPF authority, on the website | Rule 6(3)(a) | Display on the website |
| 8 | Company shall inform the shareholder concerned regarding the proposed transfer of shares | Rule 6(3)(a) | Send letter to all the shareholders at the latest available address |
| 9 | Simultaneously publish a notice in the leading newspaper in English and regional language having wide circulation informing the concerned that the names of such shareholders and their folio Number or DP ID and Client Id are available on their website duly mentioning the website address | Rule 6(3)(a) | Publish newspaper advertisements in English and regional language |
| 10 | Every company which has remitted the amount to the Fund shall nominate a Nodal Officer for the purpose of coordination with the IEPF authority and communicate the contact details of the Nodal Officer duly indicating his or her designation, postal address, telephone and mobile number and the company authorised email id to the IEPF authority, within 15 days from the date of publication of these rules and the company shall display the name of the Nodal Officer and his email Id on its website. | Rule 7(2A) | Company to communicate the contact details of the Nodal Officer duly indicating his or her designation, postal address, telephone and mobile number and the company authorised email id to the IEPF authority, within 15 days from the date of publication of these rules and the company shall display the name of the Nodal Officer and his email Id on its website. |
| TRANSFER OF SHARES TO IEPF | |||
| 11 |
Company shall inform the depository by way of corporate action, where the shareholders have their account for transfer in favour of the authority |
Rule 6(3)(c ) (i) | Company to prepare a list of shareholders containing the details of Name of the shareholder, Demat Account No (DP Id, Client Id) and number of shares held separately for CDSL and NSDL. |
| 12 | Rule 6(3)(c ) (i) | Company to inform CDSL and NSDL by way of corporate action requesting them to transfer the shares to the demat account of IEPF authority | |
| 13 | Upon receipt of such intimation from the Company, depository shall effect transfer of shares in favour of the Demat account of the IEPF Authority | CDSL and NSDL to transfer the shares to the Demat account of IEPF authority | |
| SHARES HELD IN PHYSICAL FORM | |||
| 14 | Company Secretary or person authorised by the Board to make an application, on behalf of the concerned shareholder, to the Company, issue of new share certificate | Rule 6(3)(d)(i) | Company Secretary/authorised Person to submit application alongwith a list of shareholders containing details of name, Folio No, Share Certificate No and number of shares held |
| 15 | On receipt of application, Company to issue a new share certificate for each such shareholder | Rule 6(3)(d)(ii) | State on the face of the new share certificate, “issued in lieu of share certificate No ….. for the purpose of transfer to IEPF” |
| 16 | Particulars of every share certificate issued as above shall be recorded in the register maintained for the purpose | Rule 6(d)(iii) | Maintain the Register of share certificates issued in Form No SH-02 for this purpose separately |
| 17 | Company shall inform the depository by way of corporate action to convert the share certificates into Demat form and transfer in favour of the IEPF authority | Rule 6(d)(iv) | Company to inform CDSL or NSDL by w ay of corporate action to convert the duplicate share certificates into Demat form |
| 18 | Company shall make such transfers through corporate action and shall preserve the copies for its records | Rule 6(4) | Company shall preserve the copies of letters/corporate action forms and records of transfers |
| 19 | While effecting such transfer, the company shall send a statement to the Authority in Form No IEPF-4 containing details of such transfer | Rule 6(5) | Company to send the statement in Form IEPF-4 |
| 20 | Company to file the details of shares which are not going to be transferred to the IEPF due to the reason that there is specific order of the court of Tribunal or statutory authority restraining any transfer of shares and where such shares are pledged or hypothecated under the provisions of Depositories Act, 1996 | Proviso to Rule 6(3)(b) | File Form No IEPF-3 Within 30 days of the end of the Financial year |
| GENERAL PROVISIONS | |||
| 21 | Voting rights on the shares transferred to the IEPF shall remain frozen until the rightful owner claims the shares | Rule 6(6) | |
| 22 | Company shall maintain the details of shareholding of each individual shareholders whose shares have been credited to the Demat account of the IEPF | Rule 6(8) | |
| 23 | All benefits accruing on such shares e.g. bonus shares, split, consolidation, fraction shares etc, except right shares shall also be credited to such Demat account | Rule 6(9) | |
| 24 | Any further dividend on such shares shall be credited to the Fund and a separate ledger account shall be maintained for such proceeds | Rule 6(12) | |
Reference:
2) MCA Notification No GSR.854(E) dated September 5, 2016
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Author Bio
Hi, myself Raj Banerjee, need your guidance.
I am working in a private company since 2005. Rs. 789.53 excess share application money is lying with the co since 2004. Can we transfer this excess amt into IEPF. Pls guide.