Securities and Exchange Board of India (SEBI) issued Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/81 on June 10, 2024. This circular addresses several key points regarding ease of investments and the nomination process for securities and mutual funds.
The circular primarily focuses on the ease of doing investments, specifically regarding the non-submission of ‘Choice of Nomination’. It states that existing investors/unitholders will not have their demat accounts or mutual fund folios frozen for debits if they do not submit their choice of nomination. Additionally, payments, including dividends and redemption payments, will not be withheld for lack of nomination submission.
However, new investors/unitholders are still required to provide their choice of nomination. The circular emphasizes the importance of providing nomination details for existing investors to ensure smooth transmission of securities and prevent the accumulation of unclaimed assets.
To encourage existing investors to provide their choice of nomination, depositories, depository participants, asset management companies (AMCs), and registrars to an issue and share transfer agents (RTAs) will send regular communications reminding investors to update their nomination details. Pop-up notifications will also be provided on web/mobile applications to prompt investors to update their nomination information.
The circular comes into immediate effect, except for clause 7, which will be applicable from October 01, 2024. SEBI instructs stock exchanges, depositories, AMCs, RTAs, and listed companies to implement these provisions and communicate them to their constituents.
Furthermore, the circular provides formats for providing nomination and opting out of nomination for both demat accounts and mutual fund folios. These formats include details such as nominee information, percentage of share, and identification details.
Securities and Exchange Board of India
Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/81 Dated: June 10, 2024
To
All Recognized Stock Exchanges
All Recognized Depositories
All Mutual Funds
All Asset Management Companies (AMCs)
All Trustee Companies/ Board of Trustees of Mutual Funds
Stock Brokers (Trading Members) through Recognized Stock Exchanges
Depository Participants through Depositories
All Registrars to an Issue and Share Transfer Agents (RTAs)
All Listed Companies through Recognized Stock Exchanges
Association of Mutual Funds in India (AMFI)
Dear Sir / Madam,
Subjects:
(a) Ease of Doing Investments- Non-submission of ‘Choice of Nomination’
(i) Doing away with freezing of Demat Accounts and Mutual Fund Folios for existing investors;
(ii) To remove freeze on payment of corporate benefits and service of physical folios;
(b) Only 3 fields to be provided mandatorily for updating Nomination Details
1. SEBI, vide circular no. SEBI/HO/MIRSD/POD-1/CIR/2023/193 dated December 27, 2023 extended the last date for submission of ‘choice of nomination’ for demat accounts and mutual fund folios to June 30, 2024 failing which demat accounts/folios shall be frozen for debits.
2. Further, as provided in Master Circular for RTAs dated May 07, 2024, the security holders holding securities in physical form whose folio(s) do not have PAN, Choice of Nomination, Contact Details, Bank Account Details and Specimen Signature updated, shall be eligible:
2.1. to lodge grievance or avail any service request from the RTA only after furnishing PAN, KYC details and Nomination.
2.2. for any payment including dividend, interest or redemption payment in respect of such folios, only through electronic mode with effect from April 01, 2024. An intimation shall be sent by the Listed Company to the security holder that such payment is due and shall be made electronically only upon complying with the above requirements.
3. Based on representations received from the market participants, for ease of compliance and investor convenience, the following has been decided for existing investors/ unitholders:
3.1. Non-submission of ‘choice of nomination’ shall not result in freezing of Demat Accounts as well as Mutual Fund Folios.
3.2. Securityholders holding securities in physical form shall be eligible for receipt of any payment including dividend, interest or redemption payment as well as to lodge grievance or avail any service request from the RTA even if ‘choice of nomination’ is not submitted by these securityholders.
3.3. Payments including dividend, interest or redemption payment withheld presently by the Listed Companies/RTAs, only for want of ‘choice of nomination’ shall be processed accordingly.
4. Notwithstanding the above, all new investors/unitholders shall continue to be required to mandatorily provide the ‘Choice of Nomination’ for demat accounts/ MF Folios (except for jointly held Demat Accounts and Mutual Fund Folios).
5. All existing investors/ unitholders are encouraged, in their own interest, to provide ‘choice of nomination’ for ensuring smooth transmission of securities held by them as well as to prevent accumulation of unclaimed assets in securities market. The formats for providing Nomination and Opting-out of Nomination both in case of Demat Account and MF Folios are provided at Annexure-A and Annexure-B respectively of this circular.
6. In case of demat accounts, Depository Participants and in case of mutual fund folios, AMCs and RTAs shall encourage the demat account holders/ mutual fund unit holders to update ‘choice of nomination’ by sending a communication on fortnightly basis by way of emails and SMS to all such demat account holders/ mutual fund unit holders who have not provided the ‘choice of nomination’. The communication shall provide guidance for demat account holders/ mutual fund unit holders to provide ‘choice of nomination’.
7. Further, to encourage the existing investors to provide ‘choice of nomination’, a pop-up shall be provided on web/mobile application/platform to the investors by Depositories and Depository Participants while logging into the Demat Account and by AMCs (including MF RTAs, other platforms providing online execution services) while logging into their MF account. This pop-up may be shown only to those clients whose MF Folios/demat account(s) do not have ‘choice of nomination’.
8. The provisions of this circular, except clause 7 above, shall come into effect immediately in supersession of existing provisions. Further, Clause 7 of this circular shall be applicable from October 01, 2024.
9. Stock Exchanges, Depositories, AMCs, RTAs and Listed Companies are further advised to:
a) take necessary steps to implement the provisions of this circular, including making necessary amendment to the relevant bye-laws / business rules / regulations / operational instructions, as the case may be;
b) bring the provisions of this circular to the notice of their respective constituents and also disseminate this circular on their websites;
c) communicate to SEBI, the status of the implementation of the provisions of this circular; and
10. monitor the compliance of this circular.
11. All other provisions related to requirement of Nomination as provided in SEBI Master Circular No. SEBI/HO/IMD/IMD-PoD-1/P/CIR/2023/74 dated May 19, 2023 for Mutual Funds, SEBI Master Circular No. SEBI/HO/MRD/MRD-PoD-2/P/CIR/2023/166 dated October 06, 2023 for Depositories and SEBI Master Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/37 dated May 07, 2024 for RTAs shall remain unchanged.
12. This circular is issued in exercise of powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992, read with Section 19 of the Depositories Act, 1996 and Regulation 77 of SEBI (Mutual Funds) Regulations, 1996 and SEBI (Registrars to an Issue and Share Transfer Agents) Regulations, 1993, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.
12. This circular is available on SEBI website at www.sebi.gov.in under the categories “Legal Framework -> Circulars”.
Yours faithfully,
Aradhana Verma
General Manager
Market Intermediaries Regulation and Supervision Department
Tel. No. 022-2644 9354
Email id – aradhanad@sebi.gov.in
Annexure-A
Format for providing Nomination
| I/We wish to make a nomination. [As per details given below] | |||||
| Nomination Details | |||||
| I/We wish to make a nomination and do hereby nominate the following person(s) who shall receive all the assets held in my / our account in the event of my / our death. | |||||
| Nomination can be made upto three nominees in the account. |
Details of 1st Nominee | Details of 2nd Nominee | Details of 3rd Nominee | ||
| Mandatory Details | |||||
| 1 | Name of the nominee(s)
(Mr./Ms.)* |
||||
| 2 | Share of each Nominee | Equally
[If not equally, |
% | % | % |
| Any odd lot after division shall be transferred to the first nominee mentioned in the form. | |||||
| 3 | Relationship With the Applicant ( If Any) |
||||
| *
Date of Birth and Name of Guardian to be provided in case of minor nominee(s) |
|||||
| Non-mandatory Details | |||||
| 4 | Address of Nominee(s)/ Guardian in case of Minor
City / Place: |
||||
| PIN Code | |||||
| 5 | Mobile / Telephone No. of nominee(s)/ Guardian in case of Minor | ||||
| 6 | Email ID of nominee(s)/ Guardian in case of Minor | ||||
| 7 | Nominee/ Guardian (in case of Minor) Identification details – [Please tick any one of following and provide details of same]Photograph & Signature PAN Aadhaar Saving Bank account no. Proof of Identity Demat Account ID |
||||
| Name(s) of holder(s) | Signature(s) of holder* | ||||
–
| Sole / First Holder (Mr./Ms.) | ||
| Second Holder (Mr./Ms.) | ||
| Third Holder (Mr./Ms.) |
* Signature of witness, along with name and address are required, if the account holder affixes thumb impression, instead of signature.
Note:
This nomination shall supersede any prior nomination made by the account holder(s), if any.
The Intermediary shall provide acknowledgement of the nomination form to the account holder(s)
Annexure-B
Declaration for opting-out of nomination
I / We hereby confirm that I / We do not wish to appoint any nominee(s) in my / our MF Folio/ demat account and understand the issues involved in non-appointment of nominee(s) and further are aware that in case of death of all the account holder(s), my / our legal heirs would need to submit all the requisite documents / information for claiming of assets held in my / our MF Folio / demat account, which may also include documents issued by Court or other such competent authority, based on the value of assets held in the MF Folio / demat account.
Name and Signature of Holder(s)*
1._________________ 2._____________ 3.__________________
* Signature of witness, along with name and address are required, if the account holder affixes thumb impression, instead of signature.
This is a welcome step.
Also you must allow online nomination facility even in cases of joint, either/or holdings, at least for elderly patient investors above 70 or 75 years.
Apart from helping such patients it will speedely ensure the completion of this vital exercise.