Home India Securities and Exchange Board of India (a) Ease of Doing Investments- Non-submission of ‘Choice of ...
Date: 2024-06-10 Category: Not Applicable State: Union Government Country: India

(a) Ease of Doing Investments- Non-submission of ‘Choice of Nomination’ <br> (i) Doing away with freezing of Demat Accounts and Mutual Fund Folios for existing investors; <br>(ii) To remove freeze on payment of corporate benefits and service of physical folios; <br>(b) Only 3 fields to be provided mandatorily for updating Nomination Details

Issued by Securities and Exchange Board of India · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This circular, issued by SEBI on June 10, 2024, addresses concerns raised by market participants regarding nomination requirements for demat accounts and mutual fund folios. It states that non-submission of nomination will not result in freezing of existing accounts. A pop-up reminder for nomination will be implemented by October 1, 2024. Key Points / Main Content: Nomination Requirements and Freezing of Accounts: * Non-submission of nomination will not result in freezing of existing demat accounts or mutual fund folios. * Security holders with physical securities can receive payments and avail RTA services regardless of nomination status. * Payments withheld due to lack of nomination should be processed. * New investors must still provide nomination details, except for jointly held accounts. * Existing investors are encouraged to provide nomination for smooth transmission of securities. Communication and Encouragement of Nomination: * Depository Participants, AMCs, and RTAs must send fortnightly reminders via email and SMS to holders who haven't provided nomination. * Depositories, Depository Participants, AMCs, and MF RTAs must implement a pop-up reminder on their web/mobile platforms by October 1, 2024, for accounts without nomination. Implementation and Compliance: * The provisions of this circular are effective immediately, except for the pop-up reminder, which is effective from October 1, 2024. * Stock Exchanges, Depositories, AMCs, RTAs, and Listed Companies must implement the circular's provisions, amend relevant rules, disseminate the circular, report implementation status to SEBI, and monitor compliance. * Existing nomination requirements in prior SEBI master circulars remain unchanged. Impact Analysis: Stock Exchanges, Depositories, AMCs, RTAs, and Listed Companies: * Impact: Required to implement the new provisions regarding nomination and freezing of accounts. * Action Required: Amend bylaws/rules, disseminate the circular, report implementation status to SEBI, and monitor compliance. Existing Investors/Unitholders: * Impact: Non-submission of nomination will not result in freezing of their accounts. Encouraged to provide nomination. * Action Required: Consider providing nomination for smooth transmission of securities. New Investors/Unitholders: * Impact: Must continue to provide nomination details for new accounts, except for jointly held accounts. * Action Required: Provide nomination details when opening new demat accounts or mutual fund folios. Depository Participants, AMCs and RTAs: * Impact: Need to send fortnightly reminders to holders who haven't provided nomination and implement a pop-up reminder on their web/mobile platforms. * Action Required: Send fortnightly reminders via email and SMS to holders who haven't provided nomination and implement a pop-up reminder on their web/mobile platforms by October 1, 2024.

Key Entities Referenced

Securities and Exchange Board of India (SEBI): The regulatory body for securities markets in India, responsible for protecting investor interests and regulating the securities market. Depositories Act, 1996: An Indian legislation that provides a legal framework for the establishment and regulation of depositories in India. SEBI Mutual Funds Regulations, 1996: Regulations established by SEBI governing the operation and management of mutual funds in India. SEBI Registrars to an Issue and Share Transfer Agents Regulations, 1993: Regulations established by SEBI governing the operation and management of Registrars to an Issue and Share Transfer Agents. Demat Accounts: Dematerialized accounts used to hold securities in electronic form. Mutual Fund Folios: Account statements that summarize all transactions in a particular mutual fund scheme. Association of Mutual Funds in India (AMFI): An association of all AMCs in India. PAN: Permanent Account Number, a ten-digit alphanumeric identifier issued by the Income Tax Department in India.
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CIRCULAR SEBI/HO/MIRSD/POD-1/P/CIR/2024/81 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 Page 1 of 6payment 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) Page 2 of 6while 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 d) monitor the compliance of this circular. 10. 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. 11. 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 Page 3 of 6Annexure-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 Details of 1st Nominee Details of 2nd Nominee Details of 3rd Nominee three nominees in the account. Mandatory Details 1 Name of the nominee(s) (Mr./Ms.)* 2 Share of Equally % % % each Nominee [If not equally, please specify percentage] 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: State & Country: 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* Page 4 of 6Sole / 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) Page 5 of 6Annexure-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. Page 6 of 6

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