We assist investors/claimants to seek refund of the shares and/or the dividend amounts from the Investor Education and Protection Fund (IEPF). IEPF is meant for promotion of Investors’ awareness and protection of the interests of investors in India. Any money transferred to the Unpaid Dividend Account of a company in pursuance to section 124(5) which remains unpaid or unclaimed for a period of seven years (or 7 year and 37 days from the date of declaration of dividend) shall be transferred by the company, along with interest accrued if any thereon, to the IEPF. Further, Ministry of Corporate Affairs vide its notification dated October 13, 2017 mandated that ‘All the 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’ as on the due date October 31, 2017.
A duplicate share certificate (now referred to as Letter of Confirmation) shall be issued by the company upon compliance with the procedure as may be laid down by the company’s Share Registrar and Share Transfer Agent (‘RTA’), we shall assist our clients to comply with various requirements including filing of a missing complaint with concerned police authorities having jurisdiction. One then has to comply with the procedure including executing the requisite forms, after which the advertisement pertaining to the loss in the prominent newspapers shall follow, giving time to anyone else to stake a claim.
If no such claim is forthcoming, then upon through verification, once the issuer is satisfied that everything is in order, the share certificates shall be issued by the company under its seal. A share certificate that is defaced, mutilated or torn can be processed by the company and a duplicate share certificate be issued in respect of the same number of shares. The shareholder in such a case must submit the old certificate which is damaged along with such other documents as may be required by the company.
The Companies Act distinguishes transmission of shares from transfer of shares. While transfer of shares relates to a voluntary act of the shareholder, transmission is brought about by ‘operation of law’. The word 'transmission' means devolution of title to shares otherwise than by transfer, for example, devolution by death, inheritance, insolvency, lunacy, etc., while transfer of shares is given effect to by delivery of a proper instrument of transfer (viz. transfer deed) duly stamped and executed, transmission of shares is done differently.
On registration of the transmission of shares with or without production of probation of WILL, Succession Certificate or Letters of Administrations, the person entitled to transmission of shares becomes the shareholder of the company and is entitled to all rights and is subject to all the liabilities as the deceased shareholder. In case where the shares are held in dematerialised form, the legal heir(s) of the deceased must request the Depository Participant (DP) to transmit the balances of securities lying in the deceased shareholder’s account to the account of the legal heir(s) and shall comply with the requisite procedure. Further, in case where the shares are held jointly and/or in case where a nominee has been registered, the right of entitlement for transmitting the shares shall be evaluated thoroughly by referring to the applicable provisions of the Companies Act 2013 read together with the Articles of Association of the company and the applicable succession law of the country, etc.
Many individuals possess numerous share certificates without understanding how to assess them in terms of whether a company still exists, the current number of shares held owing to the corporate actions over many years, and thus the overall worth of their holdings.
We specialize in evaluating share certificates by tracking corporate events like change of name, mergers, acquisitions, demergers, etc., and evaluating the number of shares by looking at corporate actions like bonus, split or consolidation of face value, and ascertaining the market price evaluation for determining the valuation. Furthermore, we provide insights on required actions, such as dealing with lost certificates or claiming shares from the Investor Education and Protection Fund (IEPF), etc.
A) Change in Name and/or Address - We assist shareholders to give effect to modification in shareholder’s name due to difference in spelling, change of name owing to marriage, etc. we also enable shareholders to change their registered address in company’s records.
B) Updation of signature - This situation generally occurs due to change in style of signature over many years. Therefore, to perform any action concerning the share certificates, the present signature is required to be updated in company’s records.
C) Seeking of the new share certificates - Claiming of new certificates that came into existence owing to various corporate actions including bonuses, splits, mergers/de-mergers/acquisition, change of name of the company, etc.
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased. Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal Will. Succession certificate entitles the investee company to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Lastly, the Letters of Administration are granted by a Competent Court to appoint appropriate people to deal with a deceased person's estate.
An NRI (Non-Resident Indian) is an Indian citizen who ordinarily resides outside India and holds an Indian passport. Additionally, PIO (Person of Indian Origin)/OCI (Overseas Citizen of India) cardholders are individuals with Indian ancestry who currently hold foreign citizenship, either as PIO or OCI, and are considered equivalent to NRIs in terms of facilities available in economic, financial, and educational fields. We provide dedicated services to meet the needs of NRIs, PIOs, or OCIs. Furthermore, our specialized desk addresses issues faced by Corporate Entities, Partnership Firms, Association of Persons (AOPs), Body of Individuals (BOIs), or Trusts concerning investments held in physical or dematerialized form.
Dematerialization is the process through which physical securities, such as share certificates, are converted into electronic form and held in a demat account. This process enhances security and reduces the risk of loss or theft. More importantly, it enables the transaction in such shares, as the Securities and Exchange Board of India (SEBI) barred the transfer of shares in physical form effective April 1, 2019. Transfers of shares are only permissible in dematerialized form, making dematerialization of physical share certificates a mandatory step for shareholders. At Wealue One, we offer dematerialization services to convert your physical share certificates into electronic form, making it easier to manage and transfer your shares. Our experienced team will handle the dematerialization process for you, ensuring a seamless and efficient conversion. Contact us today to learn more and dematerialize your physical share certificates.