Recovery of Shares- Overview
Prior to the advent of the dematerialized trading, the allotment of securities was done in paper certificates. Now since such certificate exists in a physical form, they are likely to end up misplaced, lost, and damaged.
There have been circumstances where the shareholders were passed away and the heirs failed to claim the said amount. According to some valid data, around Rs 18000 crores of unclaimed shares and Rs, 2300 crores of unclaimed dividends have been routed to the IEPF. In view of the above, the Indian Government underpinned a procedure where the investors can recoup their investments from the IEPF along with the bonus shares & dividends.
Recovery of Shares: What does it mean?
Even after the advent of the Demat system, the materialization of securities has remained prominent for a long time. But, some of the aforesaid securities never came to digital form and still exist in the traditional format, i.e., physical paper. These securities could be compromised easily due to physical damage, loss, or death of the security holder.
Thus, the process of recouping such securities through the processes of transmission of shares, transfer of shares, retrieval of bonus issues, unclaimed dividends, and so on is known as Recovery of Shares.
Common Pitfalls that Ruin Share Recovery
Wear and Tear of the share certificates
Transfer of certificates typically comes to effect when the shares exist in the physical form. Share transfer becomes practically tedious when physical shares get damaged for any reason.
Misplacement of certificates
Before the Demat-trading era, securities have existed in physical form, which is challenging to manage as they can quickly deteriorate with time or get misplaced or lost in transit. Inherently, this poses a risk for shareholders as it prevents them from recovering shares.
Non-submission of Transfer deed
There have been many cases wherein the transferee acquired the shares successfully but failed to furnish the transfer deed to the authority. This prevents them from ensuring legal effect to the share transfer. Hence, the submission of a transfer deed is necessary to make a successful share transfer.
Mismatch of signature of the transferor
Mismatching of signature is another major obstacle the makes share transfers a challenging errand. Under this scenario, the transferor must seek expert advice and proceed accordingly.
Connect with Corpbiz for hassle-free claim of compromised securities
Corpbiz is an advanced platform that that help client claim these unclaimed securities in a seamless and a hassle-free way. Here, you will get end-to-end support relating to;
- Share Transfer
- Issuance of Duplicate shares
- Transposition of shares
- Transfer deed
We will aid you recoup your unclaimed securities. Following are some prominent services from Corpbiz
Service 1: Transmission of shares
It refers to the process of share's transfer from the original holder to the claimant or legal heir via operation of law based on reasons such as insolvency, demise, marriage, lunacy, or any other valid reason except natural transfer.
After the successful completion of shares' transmission, the claimant or the legal heir becomes the rightful holder of the shares. Such individuals are also entitled to the rights that come along with such shares.
Below mentioned are the standard documentation used for the transmission of shares:
- Prescribed application form for share transmission
- A valid copy of the Death certificate of the original holder
- Succession certificate or Probate of Will or Letter of Administration
- Signature of the claimant or legal heir or successor
- PAN copy (self-attested)
Service 2: Transfer of shares
Transfer of shares essentially refers to the intentional transfer of title of the claims between the transferor & the transferee. After the completion of such a process, the transferor's liability ceases to exist and gets routed to the recipient of the shares. The instrument utilized in the shares' transfer is known as the transfer deed.
Service 3: Transfer of unclaimed dividend
Dividends are referred to the profit available to shareholders in the case when a company makes a profit. The dividend valuation for shareholders varies in accordance with their quantum of shareholding in the company. As mentioned above, the unclaimed dividends are routed to Investor Education and Protection Fund (IEPF) account in the case where such dividends remain untouched for seven continuous years. SEBI has provided shareholders with an option to recoup such securities.
Common pitfalls that hamper claim of securities
Improper execution is one of the prominent reasons for unsuccessful share transfer. Similarly, fraud and unprofessional legal advice are the common deterrents to the rightful transmission of shares.
Improper Records of the shareholders
The incorrect information in the company's records can prevent the security holders from claiming dividends on their securities. Companies under such a scenario allocate dividends in a separate account and deter holders' access for the same.
Unclaimed Bonus shares
The company grants its shareholder a bonus issue of shares as additional benefits. Such shares shall stand unclaimed when the original holder failed to get the apt registration in the records either because of non-transfer of shares, non-transmission of shares, etc. When such an issue remains unclaimed for a long time, the same get routed to another account. To recoup such shares, shareholders need to follow the procedure prescribed by the statute.
Procedure of Recovery of Shares
- Fill up the form IEPF 5 with the details such as Aadhar, company's name, bank details, amount to be claimed, demand account, and so on.
- Once done, upload the form and note down the Service Request Number.
- Tap on the Pay option to secure the acknowledgment
- Submit a copy of the claim along with the indemnity bond at the IEPF Nodal Officer's office of the company.
What is the role of Investor Education and Protection Fund?
Investor Education and Protection Fund serve as a government reservoir that keeps hold of unclaimed shares, dividends, and bonus issues. The authorities like SEBI and MCA enable shareholders of such securities to recoup them through a well-defined procedure.
In case of common pitfalls, as mentioned above, the recovery of securities can become a little more complicated. Therefore, holders of such securities need to take cautious action or professional advice to ensure hassle-free recovery.
Corpbiz is a one-stop avenue of best-in-class legal and advisory services. Our professionals are assigned with a commitment to deliver bespoke and quality services to clients based on their requirements.
Frequently Asked Questions
Damaged physical documents. Improper execution, adoption of illicit mode
Investor Education and Protection Fund
Section 125 of the Companies Act, 2013 ('Act')
Ministry of Corporate affairs
Dividend distribution is essentially known as the profit distribution process conducted by the company. Here, the company’s profit is aptly distributed among the shareholders to the extent of their shareholding.
Visit IEPF site>Fill the e-form IEPF-5> upload the requested document>Secure the SRN