3. INTRODUCTION & HISTORICAL BACKGROUND
In the past when there was just a handful of investors the system of
settlement based on physical delivery of paper certificates was
probably adequate
But with the increase in number of listed entities the clearing and
settlement mechanisms had been encumbered by the huge volumes
of paperwork related to processing of share certificates.
Need for the introduction of scripless was felt for the settlement to
improve the efficiency of the markets and eliminate various problems
brought about by dealing in physical certificates.
Thus
The Depositories Act was passed by both the Houses of
Parliament in August, 1996.
B Samrish & Co.
4. CONCEPT OF DEPOSITORY SYSTEM
According to section 2(e) of the Depositories Act, 1996, ―Depository
means a company formed and registered under the Companies Act, 1956
and which has been granted a certificate of registration under section
12(1A) of the Securities and Exchange Board of India Act, 1992‖.
A Depository Participant (DP) is an agent appointed by the Depository i.e.
—National Securities Depository Ltd (NSDL) and/or Central Depository
Services Ltd (CDSL) and is authorized to offer depository services to all
investors. An investor has to open his account through a DP only. Thus,
the DP is basically the interface between the investor and the Depository.
PNB is a DP of both Depositories (NSDL as well as CDSL.).
B Samrish & Co.
5. The Depositories Act, 1996
The depositories legislation as per the Statement of Objects and Reasons appended to
the Depositories Act, 1996 aims at providing for:
A legal basis for establishment of depositories to conduct the task of maintenance
of ownership records of securities and effect changes in ownership records through
book entry;
Dematerilisation of securities in the depositories mode as well as giving option to
an investor to choose between holding securities in physical mode and holding
securities in a dematerialized form in a depository;
Making the securities fungible;
Making the shares, debentures and any interest thereon of a public limited
company freely transferable; and
Exempting all transfers of shares within a depository from stamp duty.
B Samrish & Co.
6. CONSTITUENTS OF DEPOSITORY SYSTEM
There are basically four participant:
The Depository
The Depository Participant
The Issuing Company
The Investor
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7. WHO IS DEPOSITORY?
Depository facilitates holding of securities in the electronic form and enables
securities transactions to be processed by book entry by a Depository Participant (DP),
who as an agent of the depository, offers depository services to investors
As per SEBI: A depository is an organisation which holds securities (like shares,
debentures, bonds, government securities, mutual fund units etc.) of investors in
electronic
form at the request of the investors through a registered depository
participant. It also provides services related to transactions in securities.
As per CDSL: A "Depository" is a facility for holding securities, which enables
securities transactions to be processed by book entry. To achieve this purpose, the
depository may immobilize the securities or dematerialise them (so that they exist
only as electronic records).India has chosen the dematerialisation route. In India, a
depository is an organisation, which holds the beneficial owner's securities in
electronic form, through a registered Depository Participant (DP). A depository
functions somewhat similar to a commercial bank. To avail of the services offered by
a depository, the investor has to open an account with a registered DP
B Samrish & Co.
8. FEATURES OF DEPOSITORY SYSTEM IN INDIA
1.
In the depository system, the apex body is the Depository..
2.
A depository can be compared with a bank
3.
Depository services through depository participants.
4.
Fungibility
5.
Registered Owner/ Beneficial Owner (two types of owner)
B Samrish & Co.
9. A BANK-DEPOSITORY ANALOGY
BANK
DEPOSITORY
Holds funds in an account on behalf Holds securities in an account on
of a customer
behalf of an investor.
Transfer funds between accounts on Transfer securities between accounts
the instruction of the account holder. on the instruction of the account
holder.
Physical handling of funds is avoided.
Physical handling
avoided.
Provides safe custody of fund
Provides safe custody of securities.
B Samrish & Co.
of
securities
is
10. WHO IS DEPOSITORY PARTICIPANT:
A Depository Participant (DP) is an agent of the depository through
which it interfaces with an investor.
A
DP can offer depository services only after it gets proper
registration from SEBI.
A DP is just like a Branch of a Bank.
B Samrish & Co.
12. WHO CAN BE DEPOSITORY PARTICIPANT?
In terms of the Depositories Act, 1996, SEBI (Depositories & Participants)
Regulations,1996, only the following entities are eligible to become a
Depository Participant:
Financial Institutions,
Banks, including approved foreign bank
Custodians,
Stockbrokers,
A clearing corporation or a clearing house of a stock exchange
A non-banking finance company,
A registrar to an issue or share transfer agent
B Samrish & Co.
14. INTERNAL AUDIT AND CONCURRENT AUDIT OF OPERATIONS OF
DEPOSITORY PARTICIPANTS
The two Depository service providers in India, viz., National Securities Depository Ltd.
(NSDL) and Central Depository Services (India) Limited (CDSL) have allowed Company
Secretaries in Whole-time Practice to undertake internal / concurrent audit of the
operations of Depository Participants (DPs).
Report/ Document
Frequency
Due date
To be submitted
By
Internal audit report
Half yearly
15th May &
15th November
Main & branch DP
Report of Concurrent audit of risk
prone areas
Half yearly
Along with internal
audit report
Main & branch DP
BO grievance report- (format Comm. Monthly
1529 & for soft Comm. 1720)
10th of next month
Main DP (include
branch report
Compliance report for Internal audit/
Inspection
within 30 days
Main / branch DP
B Samrish & Co.
16. SCOPE OF AUDIT
The scope of Internal Audit was to verify the transactions executed in DP and to
assess whether the operations of the DP are in accordance with the Regulatory
requirements. The said assignment to be carried out as per the requirement of
Depository Act, 1996, SEBI (Depository & Participants) Regulation, 1996, NSDL Byelaws and the agreements with the clients and NSDL.
Audit of Organisational Structure :
Audit of DPM Operations :
Audit of Account opening procedures :
Audit of Demat request :
Audit of Delivery Instructions :
Back office software :
Account closure initiated by the participant;
Investor grievances received by the participant;
Power of attorney modifications;
Providing transactions statements to clients.
B Samrish & Co.
18. ACCOUNT OPENING
Whether proof of identity and residence is collected as per NSDL
requirements. (Circular No. NSDL/PI/2000/1394 dated April 09, 2000)
Whether necessary documents are collected from clients such as
corporates, NRIs, OCBs, FIIs, etc.
Whether necessary documents are collected from Speed-e users at the
time of opening Speed-e account, resetting password, adding prenotified accounts, etc.
Whether the procedure for dispatch of the smart card and the PIN (in
case of Speed-e users) is diligently followed by the DP, i.e., sending the
smart card and the PIN separately.
Whether DP has maintained the records in its internal database with
respect to details of Speed-e application forms as per NSDL
requirements.
Whether an agreement is executed with every client.
Whether the client is given copy of the agreement and the schedule of
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charges.
19. ACCOUNT OPENING: BASIC
INSPECTION
Whether the client signature has been appropriately stored in physical form and
scanned into the system.
Whether the data entry in the system is strictly and completely in accordance
with the information furnished by the client in the account opening form and as
per NSDL requirements.
Whether there is adequate mechanism to ensure that all the account opening
forms accepted are in fact entered in the DPM system and the client is given the
client ID only after account comes in „Active‟ status. (Circular No.
NSDL/PI/98/583 dated November 18, 1998)
Whether there is a mechanism in place to ensure that the changes in the
demographic details are updated in the DPM system (say, for change of
address, etc.) based on proper authorisation and only after collecting new proof
of address from the client.
Whether the procedure followed for opening the accounts and servicing illiterate
person followed as per NSDL requirements. (Circular No. NSDL/PI/2000/0709
dated May 03, 2002)
Whether any supplementary agreement/ letter of confirmation, etc. is executed
in addition to standard DPB Samrish & Co.
Client agreement.
20. ACCOUNT OPENING: AGREEMENTS TO BE
EXECUTED
Every participant shall enter into an agreement with a beneficial owner before
acting as a participant on his behalf.
Agreement to be executed before opening an account
Agreement to be executed under stamp & signature of DP
Printed agreement with printed name of DP and signed
Agreement not produced for verification at the time of inspection
Account to be opened based on Account Opening Form
Single form for multiple accounts of same exchange for a CM
To be in specified format as per Bye laws (new clauses as per comm. 1597 )
Agreements to be signed by both the parties
Witness for DP and BO required
B Samrish & Co.
21. ACCOUNT OPENING : PROOFS
Proof of Identity
Proof of Address
Proof for bank details
Observations:
No POI
PANCARD given does not match. Any other POI obtained if PANCARD
is not there or it mismatches.
Comment whether the account is freezed for debit, if no PANCARD or
it mismatches
Non-compliance pointed should be as per SEBI guidelines only
Bank statement obtained as proof of address(comm.807,967)
B Samrish & Co.
22. ACCOUNT OPENING : In person verification
SEBI Circular SEBI/MIRSD/Cir. No. 02/2010 dated January 18, 2010
‗In Person‘ Verification done for opening beneficial owner‘s account by a Depository
Participant (DP) will hold good for opening trading account by a stock broker and vice versa,
‗In Person verification is mandatory and to be done before activation of the account
DPs to do In Person verification of the applicants at the time of opening of demat accounts
Authorized official of DP should personally verify the photograph(s) affixed on the AOF and
proof of identity document
DP to affix a stamp ―In Person verified ―on proof of identity document having verified ‗in
person‘
Also required to verify valid original proof of identity documents with the copies and affix
―verified with originals‖ stamp
Authorized official doing in person verification and verification of documents with original
should sign under the DP stamp
B Samrish & Co.
23. ACCOUNT OPENING: KNOW YOUR CLIENT
NORMS
Applicability of KYC Requirements & KRA Regulations
SEBI Circular No. MIRSD/SE/Cir-21/2012/0017 2011 dated October 5,
2011 & SEBI‟s Circular No. MIRSD/Cir- 26 /2011 dated December 23,
2011
The KRA system shall be applicable for all new Client accounts opened
from January 1, 2012.
An intermediary shall perform the initial KYC of its clients and upload
the details on the system of the KRA.
KYC verification
„Verified with Original‟ stamp
„Verified in –person‟ stamp
In person verification by stock broker holding or subsidiary company.
“Web Camera” allowed
Signature of DP official under DP stamp
Self Attestation of KYC documents.
B Samrish & Co.
24. ACCOUNT OPENING
Methodology
Type of documents
Validity of documents
Signature of DP official and stamp
Stamp of In Person verified and verified with original affixed on
a valid POI document (SEBI specified) and signed by the
authorized official of the DP under DP stamp
Verify with the documents that only authorized official of DP
has signed, check the authority of the person doing the same
B Samrish & Co.
25. ACCOUNT OPENING : Additional Documents
Additional Documents to be collected from different type of BOs(comm.887,932)
Body Corporate & Corporate CM :
Certificate of Incorporation
POA- Document registered with registering authority or bank statement or agreement for sale or
leave license agreement or acknowledged copy of income tax return
OCB:
Declaration from the OCB that it meets with the guidelines issued by RBI/Ministry of finance
Certificate from overseas auditors in form OAC-1
Statement of A/c from the bank
Registered Society:
POA –Document registered with registering authority or bank statement or agreement for sale or
leave license agreement or acknowledged copy of income tax return
Certificate of Incorporation or copy of RBI registration certificate in case of scheduled/cooperative banks
POA -Proof of address – document registered with registering authority / agreement for sale/
leave and license agreement / acknowledged copy of income tax return
Banks
Mutual funds
SEBI Registration Certificate clearly indicating the address of the mutual fund
B Samrish & Co.
26. ACCOUNT OPENING : Additional Documents
Additional Documents to be collected from different type of BOs(comm.887,932)
Public Trust /Charitable Trust and trust capable of holding property in its name (Registered
Trust /Public trust)
Certificate of Registration of Trust under the Public Trust Act 1950/Public trust Act of relevant state
or Societies Registration Act,1860
PANCARD of trust
Proof of address
Proof of registered office address evidenced by document registered with registering authority or
bank statement or agreement for sale or leave license agreement or acknowledgement copy of
income tax return
Recognized Funds/trusts /other Similar entities
Categories :Employees PF, recognized by PF commissioner under PF Act, 1952,employees Gratuity
fund under payment of gratuity act,1972,superannuation fund formed under guidelines issued by
income tax dept., venture capital funds registered with SEBI,ESOP trust formed pursuant to SEBI
guidelines
Accounts of the above Funds/trusts /other Similar entities should be opened as they are recognized
either with Income tax Act or SEBI
Documents :
Certificate of registration
Trust deed and rules and/or charter defining their constitution and providing for management thereof
List of members on the Board of trustees/Governing body
Certified true copy of resolution passed by Board of trustees/Governing body
B Samrish & Co.
27. ACCOUNT OPENING : AUTHORISED SIGNATORIES & NOMINATIONS
Authorized signatories
Names of the authorized signatories, designation and their specimen
signatures duly verified by the managing trustee
One passport-size photograph of all authorized signatories with signature
across photograph
PAN card of Fund/Trust/Entity
POA of registered office address evidenced by document registered with
registering authority or bank statement or agreement for sale or leave
license agreement or acknowledgement copy of Income Tax return
Nomination
Nomination form signed by all joint holders
Only individuals to appoint nominees and be appointed as nominee
A minor, represented by guardian, can be appointed as nominee
Two witness to sign the nomination form
Nomination register to be maintained
Nomination registration number ( as per register) to be noted on the
nomination form
Details to be captured in CDAS
B Samrish & Co.
28. Signatures of all joint holders to be scanned
HUF a/c
Karta to sign under the stamp of HUF
Corporate / CM A/c
Mode of Operations to be specified & captured in system.
Signature of Power of Attorney Holders to be scanned
Financial details and nature of business to be
obtained
Photographs to be pasted & not stapled
Signature across photograph
Details of AOF to be correctly entered in CDAS
POI & POA in foreign language – translation in
B Samrish & Co.
English required.
30. ACCOUNT MODIFICATION
Bank details
Obtaining of bank details and proof made mandatory(comm.887)
Proof of bank account details :
Photocopy of cancelled cheque having name of the account holder
Photocopy of bank statement having name and address of the BO and not
more than 4 months old
Photocopy of bank passbook having name and address of the BO
Letter from bank
Address
Individuals
Proof of address - verified with original by DP official
Corporate
Certified true copy of Form 23
Latest transaction statement received from the DP
Verified with original
Confirmation letter to be sent to BO at old as well as new address
B Samrish & Co.
31. ACCOUNT MODIFICATION
Change in signature of the BO
Individuals
Reason for change of signature
BO to visit personally with valid proof of identity
BO to affix new signature in the presence of a DP official
If BO cannot come personally
Modification form / letter to contain old and new signature
New signature – attested by the BO‘s banker
Corporates
Certified true copy of Board Resolution
Fresh list of authorized signatories
Bank – a letter on the letter head of the bank
B Samrish & Co.
32. ACCOUNT MODIFICATION
Letters confirming modification
To maintain the hard copies or soft copies of letters
along with proof of dispatch. If sent in electronic
form, provisions of the Information Technology Act,
2000 to be complied with.(comm. 1962 dt.
16.04.2010).
B Samrish & Co.
34. DEMATERIALIZATION & REMATERIALIZATION
Any person who has entered into an agreement under section 5
shall surrender the certificate of security, for which he seeks to
avail the services of a depository, to the issuer in such manner
as may be specified by the regulations.
The issuer, on receipt of certificate of security under sub- section
(1), shall cancel the certificate of security and substitute in its
records the name of the depository as a registered owner in
respect of that security and inform the depository accordingly.
A depository shall, on receipt of information under sub-section
(2), enter the name of the person referred to sub-section (1) in its
records, as the beneficial owner.
B Samrish & Co.
35. DEMATERIALIZATION & REMATERIALIZATION
Date of receipt stamp to be affixed on DRF when received from
BO.
To be sent to Issuer RTA within 7 days of receipt
Rejections to be analysed.
Rejected certificates to be sent to BO within 7 days of receipt.
PODs to be maintained.
Follow-up with RTA to be done
For pending Demat &Remat
For non receipt of documents within 30 days of rejection date.
For physical securities lost in transit
B Samrish & Co.
36. DISCREPANCIES OBSERVED IN INSPECTION REPORTS
Whether Demat request received from BOs are sent to the
issuer/RTA within seven days- As informed by the DP.
In case of demat rejection –whether there is a system in place to
analyze the demat rejection
Details of dispatch maintained by the DP – Date of dispatch is not
mentioned.
The procedure to affix a stamp "surrendered for dematerialization
along with DP name, DP ID and BO ID" on the certificates
submitted for demat is not followed while processing some demat
requests.
The time limits prescribed for processing of demat requests
received from BOs are not adhered to in all cases.
B Samrish & Co.
38. DELIVERY INSTRUCTION SLIPS : ISSUE
Proper inventory management
– Reconciliation
– Maintenance of stock & issue register
First Issue
– Proof of dispatch to be maintained
– Should not be handed over to representative of BO
– If handed over to BO – sign of BO maintained
Subsequent Issue
– On the basis of requisition slips
– Dispatch of DIS booklet, POD to be kept on record.
B Samrish & Co.
39. DELIVERY INSTRUCTION SLIPS : PROCESSING
Instruction slip serial number to be checked against issue
details.
Signatures of all BOs obtained / as per mode of operations .
Date and time of receipt stamp affixed.
Maker-checker concept followed.
POA executed by CM settlement purpose.
DIS signed by the POA holder (Authorized person) has to be
kept on record in case of Transactions executed on the
basis of POA.
Verifier for slips with value more than 5 lakhs. Two step
verification. (Comm. 2487).
Debits in dormant accounts - Two step verification. (Comm.
2487).
Fax Transactions - Original DIS has to be obtained within 3
working.
B Samrish & Co.
Execution of transactions based on receipt of digitally-
40. DELIVERY INSTRUCTION SLIPS : Areas of concern
Issuance Of DIS booklet
Misuse of DIS booklets
All rights with one person – especially in branches
Issue of DIS booklets without requisition slips
Blank signed DIS accepted at DP’s office
Reconciliation with broking back office
High value transaction verification
Execution of transaction in dormant account
B Samrish & Co.
43. Initiated by BO
Duly filled ACF/Letter from BO
Signatures of all BOs
In case of transfer of holdings –
Duly filled in instruction slip
Transaction statement for the quarter
Account closed / to be closed
Proof of despatch
Final statement of account showing zero balance
B Samrish & Co.
44. Initiated by BO
Power of Attorney holder cannot close
Procedure for transfer to be initiated within 2 days from date of
receipt
B Samrish & Co.
45. Initiated by BO
Closure with pending demat
Non responding issuers / RTAs
BO to submit
A letter in prescribed format requesting rejection
A letter giving details of DRN details duly signed and
stamped by the DP
DP to follow up with Issuer?RTA for rejection
B Samrish & Co.
47. Shifting of account
New account in the same order of names
Documents to be submitted
ACF
Instruction slip – duly filled
Unused debit instruction slips
Client master report – stamped and signed by new DP
Verification of names and order of names
B Samrish & Co.
48. Initiated by DP
Reasons such as : Non payment of dues
Violation of agreement with the DP
Transfer to another DP/ Main DP due to closure of branch /
Main DP
Notice of 30 days specifying the reasons
Proof of despatch and copy of the notcie to be maintained
No response – DP can initiate
Transaction statement – as per ‗closure initiated by BOs‘
B Samrish & Co.
50. New Arrivals
Communiqué no. 846- Safeguards regarding issuance/ use/
execution of DIS and booklets
Issue only one booklet containing not more than 20 slips for
individual account holder and not more than 100 slips for nonindividual account holder, at a time.
In case of the booklet reported lost/ stolen/ not traceable by the
BO, the unused DIS of the said booklet must be cancelled.
Subsequent issue of DIS booklet to the BO should be only after
BO has used not less than 75% of the slips contained in the
previous DIS booklet
B Samrish & Co.
51. New Arrivals
Not to issue more than 10 loose DIS to one BO in a financial year
(April to March).
The loose DIS should be signed in the presence of an authorised
DP official.
DP should mandatorily verify with the BO before acting upon the
DIS , in case of dormant account whenever all the ISIN are
transferred at a time.
To record the details of the process, date & time of verification
(on DIS under his sign) of the transaction where BO has 5 or more
ISINs and all such ISINs are transferred at a time.
B Samrish & Co.
52. New Arrivals
Communiqué no. 847- Future-dated transactions
DPs were instructed to exercise care while entering future-dated
transactions so as to prevent error, especially in the future date
of the transaction as transaction with execution date greater than
10 days from the date of entry/ upload on the CDSL system will
fail.
B Samrish & Co.
53. New Arrivals
Communiqué no. 884 dated 27.04.2007 – Cautionary note in
delivery instruction slip:
―Blank & Signed DIS should not be left with your DP/ Broker‖-
Rider should be added to DIS.
As and when new stock are ordered.
B Samrish & Co.
54. Common violations in DP operations
1.
The inventory control mechanism for instruction slip booklets
is not proper.
2.
Physical inventory of instruction slip booklets is not tallied
with the inventory records at prescribed intervals.
3.
Some of the DIS issued to BOs do not have pre-stamped BO
ID and/or pre-printed serial number.
B Samrish & Co.
55. Common violations in DP operations
4.
Some delivery instruction booklets are issued to the BOs
without keeping requisition slip (which forms part of the earlier
issued instruction slip booklet and has pre-printed instruction
slip serial number range of the booklet), on record.
5.
The instruction slip numbers are not verified, at the time of
receipt from BO, against the issue details.
6.
In some cases, instructions are executed by the DP on the
basis of instruction slips which are not signed by all joint holders
or which are not signed as per the ‗mode of operation‘. In some
cases, the instructions are executed in spite of prima-facie
mismatch of signatures.
B Samrish & Co.
56. Discrepancies in the inspection report
As explained/ informed by DP in case of:
Inventory control
Issue of first DIS
Procedure to be followed in case of issue of DIS without
requisition slip
Dormant account
Fax indemnity
Blocking of DIS
B Samrish & Co.
57. New Arrivals
Communiqué No. 956 dated 14.09.2007- Supervision of branches
of Depository Participants:
To keep record of identification documents (including photo-
identification) of all persons engaged in DP operations
(1) at their main office
(2) at all live-connected branches, and
(3) at back office connected branches
B Samrish & Co.
58. New Arrivals
To maintain documentation at the main office regarding the
scope of activity of each branch (live or back office). This
document should include the following aspects:
(1) Services being provided by each branch
(2) Authorization levels of each type of transaction i.e.
- maker/ checker
- limits based on value of transaction.
(3) Record-keeping policy, including exception reporting
mechanism, maintenance of registers, agreements, inventory
of instruction slip booklets, reconciliation procedures (if any
documents are forwarded to the main DP)
B Samrish & Co.
59. New Arrivals
To ensure that all live connected branches as well as back office
connected branches display the types of services provided by
each of them. The display board/ chart should be prominently
visible to the clients. The DO‘S and DONT‘S should also be
displayed similarly.
B Samrish & Co.
60. Back office software
Mandatory from 1st April 2007 for DPs with more than 500
accounts
Minimum features
Maker-checker
Approval
of verifier required for slips with value
transactions more than Rs.5 lakhs
Capture of BO signature and retrieval for verification
B Samrish & Co.
of
61. Back office software
Minimum features ( contd…)
Proper records of instruction slips
Inventory control
Details of serial numbers issued to a BO
Verification of issue details with instruction slip serial no.
submitted for execution
Blocking of serial numbers already used
Facility to block serial numbers – reported as lost/
misplaced
B Samrish & Co.
62. Back office software
Matching of statement of transaction from CDAS with backoffice
Sample selected – bigger clients
Generate statement of transaction from CDAS and Backoffice
for the same period and compare
Back office (including web site) is updated regularly
Check update procedure and frequency
Back up of data residing in back office
B Samrish & Co.
63. Back office software
Back office network connected to Internet
Try accessing portals – preferably government sites
If connected to internet
Check from system personnel for installation of firewalls
Check system policy for access rights
Back office network connected to CDSL
Check upload procedure
Mechanism to ensure integrity of files
Check system controls
Check access controls
B Samrish & Co.
65. Transmission
Transmittee BO with CDSL DP
Receipt of intimation of death
Notarized copy of Death Certificate
No execution of any instruction other than transmission request
B Samrish & Co.
67. Transmission
Death of one of the Joint Holders
Transmission in favour of surviving joint holders
Duly filled in TRF
Notarized copy of death certificate
Client master –DPA5 of the surviving joint holders if a/c is with
other CDSL DP
Transposition form - If a/c in different order of names
B Samrish & Co.
68. Transmission
Death of Sole Holder – Nominee
Duly filled in Transmission request form(TRF)
Notarized copy of death certificate
Client master-DPA5 report of the nominee‘s a/c if a/c with
other CDSL DP
B Samrish & Co.
69. Transmission
Death of sole holder
- No nomination – value of holding >
100,000
Duly filled in TRF complete all respect
Notarized copy of death certificate
Any of the following :
Succession Certificate
Letter of Administration
Probate of the will
In case of multiple successors- Each successor should submit
separate TRF
B Samrish & Co.
70. Transmission
Death of sole holder - No nomination – value of holding <
100,000
Duly filled in TRF complete all respect
Notarized copy of death certificate
Letter of surety
Letter of indemnity
Affidavit from applicant
No objection letter from legal heirs who are not applicants
B Samrish & Co.
72. Pledge/ Unpledge
PLEDGE :
Pledgor & Pledgee must have active accounts in CDSL DP
PRF should be complete in all respects
PSN should be recorded on the PRF
Pledgor DP to send PRF and system generated letter to pledgor
Copy of PRF to be kept on record
Acceptance of pledge – on the basis of PRF signed by pledgor DP
B Samrish & Co.
73. Pledge/ Unpledge
Unpledge
Initiated by pledgee – auto unpledge
Initiated by pledgor - acceptance by pledgee DP
URF should be complete in all respects
Invocation
IRF should be complete in all respects
B Samrish & Co.
74. Rematerialization
RRF in duplicate signed by all the holders
RRN to be generated on CDAS on the
working day from the date of receipt
same day or the next
RRN noted RRF to be sent to Issuer/RTA within two days of
receipt of RRF
Follow up with RTA if not honoured within 30 days from the date
of receipt of RRF by the RTA
Corrective action for rejected RRF
B Samrish & Co.
75. Freeze /Unfreeze
Initiation of Freeze
BO as safekeeping measure
DP based on instructions received from CDSL or
statutory /
regulatory authority
CDSL based on instructions received from statutory authority
Verification of signature – BO initiated freeze
Acknowledgment letter to be sent to the BO
B Samrish & Co.
76. Freeze /Unfreeze
Records to be maintained
Freeze/ unfreeze requests received from BOs
Orders from statutory authorities
copies of acknowledgement sent to BOs
Record of despatch of acknowledgement copy
B Samrish & Co.
77. Power of Attorney (POA)
Verify signatures of the BO
If POA is granted by all joint holders to one person , POA
should be signed by all such holders
Copy of POA – certified as ―true copy‖ by BO
Notarization at the discretion of the DP
If expiry date is mentioned on POA, the same should be captured
in CDAS
DP to have internal controls for expiry date
B Samrish & Co.
78. Power of Attorney (POA)
DP to have internal controls for expiry date
POA to single entity should not have any clause which is
detrimental to the interest of the BO
Delivery Instruction slips to be issued only to POA holder and
not to the BO
Instructions to be routed only through the POA holder
Merger of balances kept under various accounts to nullify the
debit in any other account of the client without taking any
further instructions from the constituent
Lien on the securities of the clients towards realization of the
dues including broking related operations.
B Samrish & Co.
79. BO Grievance
BO Grievance
Register to be maintained
BO grievance report on monthly basis to CDSL
Resolve the grievance within 30 days
Email id for grievances(comm.816)
B Samrish & Co.
80. Transaction statements
Main DP to send transaction statements to all BOs including
branch BOs
Transaction statements to be sent at least once at the end of
every month, if there has been any transaction. In any event,
such statement has to be sent once at the end of each quarter to
all BOs
Maker
checker concept in all other transaction to check
unauthorized transaction
B Samrish & Co.
81. Records & Documents
Proper filing system and maintenance of details of files for easy
retrieval
If records are shifted to a different place – a log of such files
Proper records of retrieval
B Samrish & Co.
82. Records & Documents
Separate record for each depository.
Maintain records for a minimum period of 10 years
Verify arrangements made for storage of documents
Maintenance of proper details
May check on sample basis
Compliance officer
Employee of the DP
Intimation of change to the depository
B Samrish & Co.
83. Records & Documents
Concurrent audit of risk prone areas
Report on monthly basis
Action taken by the DP
Concurrent auditor to inform the serious non-compliances to
depository
B Samrish & Co.