We earlier here discussed law related to refund and reclaim of amount and shares from the Investor Education and Protection Fund under the amended Rules. For this purpose, the Government launched New Form IEPF-5 in its web version on 20th September 2019. In this post, we will discuss the practical aspect of filing this form.
Posted in Chapter VIII - CA2013, Companies Act 2013
Tagged Corresponding New Bank, Form IEPF – 5, IEPF Rules, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, Investor Education and Protection Fund Authority (Accounting, Transfer and Refund) Rules 2016, Transfer and Refund) Second Amendment Rules 2019, unclaimed dividend, Unpaid Dividend
Originally, neither the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 nor the Companies Act, 2013 have any mention of Nodal Officer except Form IEPF – 5. The Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2017 first time bring this term in main rules. Now the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 strengthen and formalized the office of Nodal Officer. New Provision came into effect with effect from 20th August 2019.
Posted in Chapter VIII - CA2013, Companies Act 2013
Tagged Audit, Form IEPF – 2, IEPF Rules, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, Investor Education and Protection Fund Authority (Accounting, tagged Corresponding New Bank, Transfer and Refund) Rules 2016, Transfer and Refund) Second Amendment Rules 2019, unclaimed dividend, Unpaid Dividend
Ministry of Corporate Affairs amended the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016. The Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2019 rules published in Official Gazette on 14th August 2019. In this post, we will discuss amended provisions related to refund of such amount and shares related to unpaid dividend transferred to the Investor Education and Protection Fund Authority. Amendment relevant to this post comes into effect with effect from 20th September 2019 except fraudulent claim and deceitful impersonation related provisions under Rule 7(11) which came into effect on 20th August 2019.
Posted in Chapter VIII - CA2013, Companies Act 2013
Tagged Audit, Corresponding New Bank, Form IEPF – 5, IEPF Rules, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, Investor Education and Protection Fund Authority (Accounting, Transfer and Refund) Rules 2016, Transfer and Refund) Second Amendment Rules 2019, unclaimed dividend, Unpaid Dividend
Sub – Section (6) of Section 124 mandates transfer of all shares in respect of which dividend has not been paid or claimed for seven consecutive years or more in the name of Investor Education and Protection Fund along with a statement containing such details as prescribed. Rule 5 of the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 prescribe the manner of such credit. We discussed procedure amended with effect from 20th August 2019 in the last post here. In this post, we will discuss the post-transfer effects and procedures.
Posted in Chapter VIII - CA2013, Companies Act 2013
Tagged Audit, Corresponding New Bank, Form IEPF – 1, Form IEPF – 4, IEPF Rules, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, Investor Education and Protection Fund Authority (Accounting, Transfer and Refund) Rules 2016, Transfer and Refund) Second Amendment Rules 2019, unclaimed dividend, Unpaid Dividend
Sub – Section (6) of Section 124 mandates transfer of all shares in respect of which dividend has not been paid or claimed for seven consecutive years or more in the name of Investor Education and Protection Fund along with a statement containing such details as prescribed. Rule 5 of the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 prescribe the manner of such credit. The procedure is now amended with effect from 20th August 2019.
Posted in Chapter VIII - CA2013, Companies Act 2013
Tagged Form IEPF – 4, IEPF Rules, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, Investor Education and Protection Fund Authority (Accounting, Transfer and Refund) Rules 2016, Transfer and Refund) Second Amendment Rules 2019, unclaimed dividend, Unpaid Dividend
Section 124 of the Companies Act, 2013 and other provisions of laws mandates credits of certain amounts to the Investor Education and Protection Fund (IEPF). Rule 5 of the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 prescribe the manner of such credit. The procedure is now amended with effect from 20th August 2019. We will discuss the updated process which is more logical and easy to comply.
Posted in Chapter VIII - CA2013, Companies Act 2013
Tagged Audit, Form IEPF -1A, Form IEPF – 1, Form IEPF – 2, IEPF Rules, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, Investor Education and Protection Fund Authority (Accounting, Transfer and Refund) Rules 2016, Transfer and Refund) Second Amendment Rules 2019, unclaimed dividend, Unpaid Dividend
Since the introduction of Investor Education and Protection Fund (IEPF) in the year 2001, I have a keen interest in the law related to investor protection, particularly under the Companies Law. Presently, one of the significant but neglected features of the IPEF Rules is the definition of the Company. The definition has been amended several times to keep track of silent changes of several laws without much notice of the stakeholder.
Investor Education and Protection Fund Authority established under Section 125(5) of the Companies Act, 2013 is an authority to administer for administration of Investor Education and Protection Fund established under Section 125(1) of the Act. Operating provisions of Section 125 are not force, but recently a Notification S.O. 125(E) dated 13th January 2016 notified part of this Section to be effective with effect from 13th January 2016. Consequently, Ministry of Corporate Affairs also put a draft notification for the Investor Education and Protection Fund Authority (Appointment of Chairperson and Members, holding of meetings and provision for offices and officers) Rules, 2016. In this post, we discuss the Notification and these Rules.
Posted in Chapter VIII - CA2013, Companies Act 2013, CorpGov, Governance and Responsibility
Tagged holding of meetings and provision for offices and officers) Rules 2016, India, Investor Education and Protection Fund, Investor Education and Protection Fund Authority, The Companies Act 2013, The Investor Education and Protection Fund Authority (Appointment of Chairperson and Members
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AishMGhrana 