Sl No. SHARE CERTIFICATE TRANSFER/TRANSMISSION REGISTER AND LOSS OF
SHARE CERTIFICATE Page No.
1 GENERAL Shares as Movable Property 3
2 Identification of Shares 3
3
VOTING RIGHTS Voting Rights- Equity Shares 3
4 Voting Rights- Preference Shares 3 4
5 Voting Rights- Proportion of Voting Rights-Equity and Preference Shares 3 6 Voting Rights on non-payment of preference Dividend 4 7 Voting Rights- Variation of Shareholders Rights 5 8 Voting Rights- Application to Company Law Tribunal 5 9 Voting Rights- Penalty for Default or Non- Compliance 5 10 Share Certificate- Issue & Form of Share Certificate 5 11 Share Certificate- Signing of Share Certificate 6 12 Share Certificate- Entries in the Register 6 13 Share Certificate- Delivering the Certificate 6 14 DELIVERING SHARE CERTIFICATE - Transfer/Transmission/Allotment 7 15 Delivering Share Certificate Subscribers to the Memorandum 7 16 Delivering Share Certificate New Allotment of Shares 7 17 Delivering Share Certificate -Transfer or Transmission of Shares 7 18 Delivering Share Certificate-Securities Dealt with in a Depository 7 19 Delivering Share Certificate-Transfer by Legal Representative of a Deceased
Person
7
20 Penalty for Non-Compliance 8
21 Transfer and Transmission of Shares 8
22 Transfer of Interest in Companies with No Share Capital 8 23 Transfer Procedure Not Applicable to Transmission 9
24 Transfer of Partly Paid Shares 9
25 Refusal to Register Transfer/ Transmission of Shares (For Pvt Co’s only) 9 26 Transfer / Transmission in respect of Public Companies 9 27 Transfer - Contract / Arrangement in respect of Transfer Enforceable 9 28 Appeal Against Refusal for Transfer or Transmission- Private Companies 9 29 Transfer - Appeal Against Refusal for Transfer or Transmission- Public
Companies
10 30 Transfer - Power of the Tribunal on Appeal against Refusal to Register
Transfer/ Transmission
10 31 Transfer/ Transmission Penalty for Contravention 10 32 SHARE CERTIFICATE FORMS RELATED BOOKS AND DOCUMENTS
Blank Share Certificate Forms 10
33 Maintenance, Preservation and Safe Custody of Blank Forms, Related Books and Documents
34 Duration of Keeping Forms, Related Books and Documents 11 35 Exclusions from Keeping Forms/Books and Documents Under Rule 7 (3) 11
36 ISSUE OF RENEWED OR DUPLICATE SHARE CERTIFICATES 11
37 Sub Division, Consolidation, Defaced, Mutilated, Torn /Old/Decrepit/Worn out
11 38 Duplicate Share Certificates for those certificates LOST/ DESTROYED 12 39 Time Limit for the issue of Duplicate Share Certificate 13 40 Register of Renewed and Duplicate Share Certificate- Particulars to be entered 12 41 Place of Keeping the Register of Renewed and Duplicate Share Certificates 12 42 Penalty for defrauding in issuing duplicate share certificate 13 43 Rectification of Register of Members Procedure 14 44 Rectification of Register - Appealing for Rectification 14 45 Rectification of Register - Action by Tribunal 14 46 Rectification of Register – Action by Tribunal Contravention of Existing Laws 14
47 Penalty for Personating of Shareholder 15
48 Publication of Authorised Subscribed and Paid up Capital 15 49 Loss of Share Certificates- Documentation Prior to Request for duplicate
share certificate
16 50 Loss of Share Certificates- Lodge a Complaint with Police 16 51 Loss of Share Certificates-Furnish Indemnity Bond (Format attached) 16 52 Loss of Share Certificates-Furnish an Affidavit 16 53 Loss of Share Certificates- Get Signature Attestation of Share/ Debenture
Holders
16 54 Loss of Share Certificates- Proof of Identification and Address 17 55 Loss of Share Certificates - INDEMNITY BOND for Duplicate Share
Certificate
18 56 Loss of Share Certificates - Affidavit for Duplicate Share Certificate 20 57 Loss of Share Certificate- Guarantee Bond for Duplicate Share Certificate 11
GENERAL
SHARES AS MOVABLE PROPERTY
- The shares or debentures or other interest of any member in a company - shall be movable property transferable in the manner provided by - the articles of the company. Sec 44
IDENTIFICATION OF SHARES
- Every share in a company having a share capital shall be distinguished - by its distinctive number other & this shall not apply to shares held by - a person whose name is entered as holder of beneficial interest - in such share in the records of a depository. Sec 45
VOTING RIGHTS OF A SHAREHOLDER
- Subject to the provisions of section 43 (Kinds of Share Capital) and section 50(2) - (voting rights of shares on which un called amounts paid by the shareholder)
Equity Shares
- every member of a company limited by shares and holding equity shares
- shall have a right to vote on every resolution placed before the company Sec 47(1) (a)
- such voting right on a poll shall be in proportion to his share - in the paid-up equity share capital of the company. Sec 47(1) (b)
Preference Shares
- Every member of a company limited by shares and holding any preference shares
- shall have a right to vote only on resolutions placed before the company - which directly affect the rights attached to his preference shares and,
- any resolution for the winding up of the company or - for the repayment or reduction of its equity or preference share capital and - his voting right on a poll shall be in proportion to his share - in the paid-up preference share capital of the company Sec 47(2)
Proportion of Voting Rights between Equity and Preference Shares
- the proportion of the voting rights of equity shareholders - to the voting rights of the preference shareholders shall be
- in the same proportion as the paid-up capital of the equity shares - bears to the paid-up capital in respect of the preference shares Proviso 1 Sec 47(2)
Voting Rights on non-payment of preference Dividend
- where the dividend in respect of a class of preference shares - has not been paid for a period of two years or more,
- such class of preference shareholders shall have a right - to vote on all the resolutions placed before the company Proviso 2 Sec 47(2)
VARIATION OF SHAREHOLDERS RIGHTS
- share capital of a company is divided into different classes of Shares Sec 48(1) - MOA or AOA provide for variation in rights of rights of shareholders or Sec48(1)(a)
- any variation in rights is not prohibited by the terms of issue Sec48(1)(a)
- at least ¾ of the issued shares of that class shall consented to the variation in writing
Sec48(1)
- or such variation is approved by a special resolution passed by - separate meeting of shareholders of that class Sec48(1)
- where such variation also affects the rights of any other class/classes of shareholders - consent in writing of not less than ¾ of such other class of shareholders - shall also be obtained and provisions of this section is applicable for such variation
Proviso to Sec 48(1)
Application to Company Law Tribunal
- if holders of not less than 10% of shares of a class do not consent for variation or - have not voted in favour of the resolution for variation in rights such shareholders - may apply to the Company Law Tribunal (CLT) to have the variation cancelled and - such application shall be made within 21 days of the consent by the - other shareholders of that class in writing or by special resolution - the proposed variation shall not have effect till it is confirmed by the Tribunal S 48(2)
- application to CLT may be made on behalf of the shareholders entitled to - make the application by one or more of their number as they may appoint in writing
Proviso to Sec 48(2)
- decision of the Tribunal on any application shall be binding on the shareholders. S 48(3) - copy of the tribunal’s order shall be filed with ROC within 30 days of such order S48(4) Penalty for Default or Non- Compliance
- Company: fine of not less than Rs. 25,000/ and up to Rs.5 lakhs.
- Every officer of the company who is in default: - imprisonment up to 6 months OR fine Rs.25,000 and up to Rs.5 lakhs OR both S.8(5)
SHARE CERTIFICATE
- issued under the common seal of the company, - specifying the shares held by any person, - prima facie evidence of the title of the person to such shares. Sec 46(1)
Procedure for Issue and Form of Share Certificates Issue of Share Certificate
- Share Certificate shall be Issued
- in pursuance of a resolution passed by the Board and Rule 5(1)(a) Sec 46(1) Ch IV
- on surrender of the letter of allotment or fractional coupons of requisite value,
- except in cases of issues against letters of acceptance or of renunciation, or - in cases of issue of bonus shares Rule 5(1)(b) Sec 46(1) Ch IV
- if the letter of allotment is lost or destroyed, the Board may impose such reasonable - terms, if any, as to seek supporting evidence and indemnity and the payment of - out-of-pocket expenses incurred by the company in investigating evidence, - as it may think fit. Proviso to Rule 5(1)(a) Sec 46(1) Ch IV
Form of Share Certificate
- Every certificate of share or shares shall be in Form No. SH.1 or - as near thereto as possible and shall specify the name(s) of the person(s) - in whose favor the certificate is issued, - shares to which it relates and the amount paid-up thereon. Rule 5(2) Ch IV
Signing of Share Certificates- General
- Every share certificate shall be issued under the seal of the company, - affixed in the presence of, and signed by two directors duly authorized by the Board - or the committee of the Board, authorized by the Board for the purpose and
- the secretary or any person authorised by the Board for the purpose Rule 5(3)(a&b)
- in companies wherein a Company Secretary is appointed as per the Act, - he shall deemed to be authorised for the purpose of this rule Proviso 1 Rule 5(3)
- proviso 1 omitted vide amendment 2(a) dated 18.03.2015
- if the composition of the Board permits of it, at least one of the aforesaid two directors - shall be a person other than the managing or whole-time director Proviso 2 Rule 5(3) Signing of Share Certificates- One Person Company
- in case of a One Person Company, every share certificate shall be issued - under the seal of the company, affixed in the presence of and signed by - one director or a person authorized by the Board for the purpose and - the Company Secretary, or any other person authorized by the Board. Proviso 3 Rule 5(3)
Mode of Signing
- a director shall be deemed to have signed the share certificate if his signature is - printed thereon as a facsimile signature by means of any machine, equipment or - other mechanical means such as engraving in metal or lithography, or - digitally signed, but not by means of a rubber stamp,
- the director shall be personally responsible for permitting the affixation - of his signature thus and the safe custody of any machine, equipment or - other material used for the purpose. Explanation to Rule 5(3) Ch IV
Entries in the Register of Members
- particulars of every share certificate issued shall be entered - in the Register of Members maintained as per section 88 along with the name(s) - of person(s) to whom it has been issued, indicating the date of issue. Rule 5(4)
DELIVERING SHARE CERTIFICATE BY THE COMPANY Subscribers to the Memorandum
- unless prohibited by any provision of law or any order of Court, - Tribunal or other authority, Every company shall deliver the certificates
- of all securities allotted, transferred or transmitted, within a period of 2 months - from the date of incorporation, in the case of subscribers to the memorandum Sec
56(4)(a)
New Allotment of Shares
- within a period of two months from the date of allotment, - in the case of any allotment of any of its shares Sec 56(4)(b)
Transfer or Transmission of Shares
- within a period of one month from the date of receipt by the company - of the instrument of transfer U/s 56(1) or intimation U/s 56(2) - for transfer or of transmission of securities respectively Sec 56(4)(c)
Allotment of Debentures
- within a period of six months from the date of allotment - in the case of any allotment of debenture Sec 56(4)(d)
Securities Dealt with in a Depository
- where the securities are dealt with in a depository, the company shall
- intimate the details of allotment of securities to depository immediately - on allotment of such securities. Proviso to Sec 56(4)
Transfer by Legal Representative of a Deceased Person
- transfer of any security or other interest of a deceased person in a company
- made by his legal representative shall, even if the legal representative - is not a holder thereof, be valid as if he had been the holder at the time of - the execution of the instrument of transfer. Sec 56(5)
Penalty for Non-Compliance
- Company fine Rs.25,000/ and upto 5,00,000/
- Officer of the Company - fine Rs. 10,000/ and upto Rs. 1,00,000/. Sec 56(6)
- Depository and depository participant involved in fraud - liable under section 447 with imprisonment of not less than 6months - and up to 10 years and with fine equivalent to the amount involved in the - fraud which may go upto 3times that amount
- this is not withstanding any liability under the depositories act, 1996. Sec 56(7)
TRANSFER & TRANSMISSION OF SHARES
Transfer of Shares
- A company shall not register a transfer of securities or interest of a member - in the company in the case of a company having no share capital, - other than the transfer between persons both of whose names are entered as - holders of beneficial interest in the records of a depository, - unless a proper instrument of transfer, in form SH-4, duly stamped, dated and - executed by or on behalf of the transferor and the transferee and specifying - the name, address and occupation, if any, of the transferee has been delivered
- to the company by the transferor or the transferee within a period of sixty days - from the date of execution, along with the certificate relating to the securities, or
- if no such certificate is in existence, along with the letter of allotment of securities Sec
56(1) Rule 11(1) Ch IV
- where the instrument of transfer has been lost or the instrument of transfer - has not been delivered within the prescribed period, the company may - register the transfer on such terms as to indemnity as the Board may think fit. Proviso
Sec 56(1)
Transfer of Interest in Companies with No Share Capital
- In case of Companies with no share capital extent of interest of the member - shall be taken instead of number of securities involved. Rule 11(2) Ch IV
Transfer Procedure Not Applicable to Transmission
- the said procedure for transfer of shares shall not be applicable inrespect of
- transmission of any right to securities by operation of law from any person - to whom such right has been transmitted. Sec 56(2)
Transfer of Partly Paid Shares
- Where an application is made by the transferor alone and relates to - partly paid shares, the transfer shall not be registered, unless the company - gives the notice of the application, in form SH-5 to the transferee and - the transferee gives no objection to the transfer within two weeks - from the receipt of notice. Sec 56(3) Rule 11(3) Ch IV
Refusal to Register Transfer/ Transmission of Shares
Applicable only to Private Limited Companies
- where a private company refuses to register any transfer or transmission - of any shares or any other securities or interest of a member in the company - it shall within a period of 30 days from the date on which the instrument of transfer, - or the intimation of transmission, as the case may be, was delivered to the company, - send notice of the refusal to the transferor and the transferee or to the person - giving intimation of such transmission, as the case may be, giving reasons for refusal.
Sec 58(1)
Transfer / Transmission in respect of Public Companies
- the securities or other interest of any member in a public company - shall be freely transferable Sec 58(2)
Contract / Arrangement in respect of Transfer Enforceable
- any contract or arrangement between two or more persons in respect of - transfer of securities shall be enforceable as a contract. Proviso Sec 58(2)
Appeal Against Refusal for Transfer or Transmission- Private Companies - The transferee may appeal to the Tribunal against the refusal within a period of
- has been sent by the company, within a period of sixty days from the date - on which the instrument of transfer or the intimation of transmission, - as the case may be, was delivered to the company. Sec 58(3)
Appeal Against Refusal for Transfer or Transmission- Public Companies
- If a public company without sufficient cause refuses to register - the transfer of securities within a period of thirty days from the date - on which the instrument of transfer or the intimation of transmission, - as the case may be, is delivered to the company, the transferee may, - within a period of sixty days of such refusal or where no intimation - has been received from the company, within ninety days of - the delivery of the instrument of transfer or intimation of transmission, - appeal to the Tribunal. Sec 58(4)
Power of the Tribunal on Appeal against Refusal to Register Transfer/ Transmission - The Tribunal, may, after hearing the parties, either dismiss the appeal, or by order - direct that the transfer or transmission shall be registered by the company and
- company shall comply with such order within a period of 10 days of receipt of order - or direct rectification of the register and also direct the company to
- pay damage if any, sustained by any party aggrieved. Sec 58(5)
Penalty for Contravention
- Contravention - Person: imprisonment for a term which shall not be less than one year
- but which may extend to three years and with fine which shall - not be less than one lakh rupees but which may extend to five lakh rupees. Sec 58(6)
SHARE CERTIFICATE FORMS RELATED BOOKS AND DOCUMENTS Blank Share Certificate Forms
- All blank forms to be used for issue of share certificates shall be printed - on the authority of a resolution of the Board and the blank form shall be - consecutively machine-numbered and the forms, blocks, engravings, facsimiles - and hues relating to the printing of such forms shall be kept in the custody of
- the secretary or such other person as may be authorised by the Board and - the secretary or such other authorised person shall be - responsible for rendering an account of the forms to the Board Rule 7(1) Ch IV
Maintenance, Preservation and Safe Custody of Blank Forms, Related Books and Documents
- Persons Responsible - the committee of the Board, if so authorized by the Board or - where there is a company secretary, the company secretary or where there is
- no company secretary, a Director specifically authorised by the Board Rule 7(2) Duration of Keeping Forms, Related Books and Documents
- not less than thirty years and in case of disputed cases, permanently - certificates surrendered to a company shall immediately be defaced by stamping - or printing the word “cancelled” in bold letters and may be destroyed - after the expiry of three years from the date on which they are surrendered - under the authority of a resolution of the Board and in the presence of - a person duly appointed by the Board in this behalf Rule 7(3) Ch IV
Exclusions from Keeping Forms/Books and Documents U/s Rule 7 (3)
- nothing in this sub-rule shall apply to cancellation of the certificates of securities,
- under section 6 (2) of the Depositories Act, 1996 (22 of 1996), in accordance with - regulation 54 (5) of the SEBI (Depositories and Participants) Regulations, 1996, and
- made under section 30 of the SEBI Act, 1992 (15 of 1992) read with - section 25 of the Depositories Act, 1996 (22 of 1996). Proviso to Rule 7(3) Ch IV
ISSUE OF RENEWED OR DUPLICATE SHARE CERTIFICATES
Sub Division, Consolidation, Defaced, Mutilated, Torn/Old/Decrepit/Worn out
- the certificate of any share or shares shall not be issued either in exchange - for those which are sub-divided or consolidated or in replacement - of those which are defaced, mutilated, torn or old, decrepit, worn out, or - where the pages on the reverse for recording transfers have been duly utilised, - unless the certificate in lieu of which it is issued is surrendered to the company
Sec 46(2) Rule 6(1) (a) Ch IV & Annexure5
- the company may charge such fee as the Board thinks fit, not exceeding fifty rupees - per certificate issued on any of the above grounds. Proviso to Rule 6(1) (a) Ch IV
- Where a certificate is issued as above, it shall be stated on the face of it and - be recorded in the Register maintained for the purpose, that it is
- “Issued in lieu of share certificate No... sub-divided/replaced/on consolidation” and - also that no fee shall be payable pursuant to scheme of arrangement - sanctioned by the High Court or Central Government Sec 46(3)Rule 6(1) (b) Ch IV
- A company may replace all the existing certificates by new certificates - upon sub-division or consolidation of shares or merger or demerger or - any reconstitution without requiring old certificates to be surrendered - subject to compliance with clause Rules 5(1)(a) Board Resolution for - the issue of share Certificate, Rule 5(2) Form of Share Certificate (SH-1) &
- 5(3) Signing of Share Certificate Sec 46(3) Rule 6(1) (c) Ch IV
Duplicate Share Certificates for those certificates LOST/ DESTROYED
- duplicate share certificate shall be not issued in lieu of those that are lost or destroyed,
- without the prior consent of the Board and without payment of fees - not exceeding rupees fifty per certificate as may be fixed by the Board - and on such reasonable terms, such as furnishing supporting evidence and - indemnity and the payment of out-of-pocket expenses incurred by the company - in investigating the evidence produced Sec 46(3) Rule 6(2) (a) Ch VI
- Where a certificate is issued for those destroyed or lost, - it shall be stated prominently on the face of it and be recorded - in the Register maintained for the purpose, that it is
- “duplicate issued in lieu of share certificate No...”. and the word “duplicate” shall be - stamped or printed prominently on the face of the share certificate Rule 6(2) (b) Ch IV
Time Limit for the issue of Duplicate Share Certificate
- In case unlisted companies, the duplicate share certificates shall be issued - within a period of three months and in case of listed companies within fifteen days,
- forty five (45) days of submission of complete documents. - Sec 46(3) Rule 6(2) (c) Ch IV & amendt 3 dated 18.03.2015
Register of Renewed and Duplicate Share Certificate
Particulars to be entered
- particulars of every duplicate share certificate issued shall be entered in a Register of - Renewed and Duplicate Share Certificates maintained in Form No.SH.2 indicating - against the name(s) of the person(s) to whom the certificate is issued, - the number and date of issue of the original share certificate , and necessary changes - indicated in the Register of Members in “Remarks” column. Sec 46(3) Rule 6(3) (a)
Place of Keeping the Register of Renewed and Duplicate Share Certificates
- The register shall be kept at the registered office of the company or at such other place
- where the Register of Members is kept and it shall be preserved permanently and - shall be kept in the custody of the company secretary of the company or
- any other person authorized by the Board for the purpose. Sec 46(3) Rule 6(3) (b) Ch IV
- All entries made in the Register of Renewed and Duplicate Share Certificates - shall be authenticated by the company secretary or such other person - as may be authorised by the Board for the purposes of sealing and signing - the share certificate under rule 5(3) signing of share certificates. Sec 46(3) Rule 6(3) (c)
- Where a share is held in depository form, the record of the depository - is the prima facie evidence of the interest of the beneficial owner. Sec 46(4)
Penalty for defrauding in issuing duplicate share certificate
- company - fine of not be less than five times the face value of the shares
- involved in the issue of the duplicate certificate and upto ten times thereof or - rupees ten crores whichever is higher and
RECTIFICATION OF REGISTER OF MEMBERS PROCEDURE Appealing for Rectification
- If the name of any person is, without sufficient cause,
- entered in the register of members of a company, or after having been entered is - without sufficient cause, omitted there from, or if a default is made, - or unnecessary delay takes place in entering in the register, - the fact of any person having become or ceased to be a member, - the person aggrieved, or any member of the company, or the company - may appeal in such form as may be prescribed, to the Tribunal, or - to a competent court outside India, specified by the Central Government
- by notification, in respect of foreign members or debenture holders - residing outside India, for rectification of the register. Sec 59(1)
Action by Tribunal Rectification
- The Tribunal may, after hearing the parties to the appeal may by order, - either dismiss the appeal or direct that the transfer or transmission - shall be registered by the company within a period of ten days - of the receipt of the order or direct rectification of the records of the depository - or the register and in the latter case, direct the company to pay damages, - if any, sustained by the party aggrieved. Sec 59(2)
- The provisions of this section shall not restrict the right of a holder of securities,
- to transfer such securities and any person acquiring such securities - shall be entitled to voting rights unless the voting rights - have been suspended by an order of the Tribunal. Sec 59(3)
Contravention of Existing Laws
- Where the transfer of securities is in contravention of any of the - provisions of the Securities Contracts (Regulation) Act, 1956, - the SEBI Act, 1992 or this Act or any other law for the time being in force,
- the Tribunal may, on an application made by the depository, company, - depository participant, the holder of the securities or the SEBI, - direct any company or a depository to set right the contravention - and rectify its register or records concerned. Sec 59(4)
- If any default is made in complying with the order of the Tribunal - under this section, the company shall be punishable with fine - which shall not be less than Rs.1, 00, 000/ and up to Rs.5, 00, 000/ and - every officer of the company who is in default shall be punishable - with imprisonment up to one year or with fine which shall not be - less than Rs.1, 00, 000/ and up to Rs.3, 00, 000/ or with both. Sec 59(5)
Penalty for Personation of Shareholder
- If any person deceitfully personates as an owner of any security or - interest in a company, or of any share warrant or coupon issued - in pursuance of this Act, and thereby obtains or attempts to obtain - any such security or interest or any such share warrant or coupon, or - receives or attempts to receive any money due to any such owner, - he shall be punishable with imprisonment for a term of not less than 1 year - which may extend to three years and with fine of not less than one lakh rupees - which may extend to five lakh rupees. Sec 57
Publication of Authorised Subscribed and Paid up Capital
- Where any notice, advertisement or other official publication, or - any business letter, billhead or letter paper of a company contains - a statement of the amount of the authorised capital of the company, - such notice, advertisement or other official publication, or
- such letter, billhead or letter paper shall also contain a statement, - in an equally prominent position and in equally conspicuous characters, - of the amount of the capital which has been subscribed and paid-up. Sec 60(1)
- the company shall be liable to pay a penalty of ten thousand rupees and - every officer of the company who is in default shall be liable to pay - a penalty of five thousand rupees, for each default. Sec 60(2)
Loss of Share Certificates- Documentation Prior to Duplicate Share Issue Request Lodge a Complaint with Police
- Lodge Police Complaint with the local police station where the share holder resides. - for the loss of share/ debenture certificate containing following details
- Name of the Company, Folio No., Share / Debenture Certificate numbers
- Distinctive numbers and Name of the Registered Shareholder/ Debenture holder
- statement whether the share / debenture certificates were annexed with - any transfer deed duly signed or not
- get FIR/ Acknowledged copy of Police Complaint lodged
Furnish Indemnity Bond (Format attached)
- Indemnity Bond on Rs. 200/- Non-Judicial Stamp Paper - duly attested by a Special Executive Magistrate (SEM) or
- Special Executive Officer (SEO) or Notary Public.
Furnish an Affidavit
- Affidavit on Rs. 100/- Non-Judicial Stamp Paper - duly affirmed by a Special Executive Magistrate (SEM) or - Special Executive Officer (SEO) or Notary Public.
Get Signature Attestation of Share/ Debenture Holders
- to be obtained on the Letterhead of the Bank signed by the Manager of the Branch - where the shareholder(s) / debenture holder(s) have an account
- identifying and verifying the signature(s) along with - the shareholder(s) / debenture holder(s) account details
Proof of Identification and Address
- Identification: : Copy of the PAN Card
- Address: 1. Aadhaar card or Passport or Utility bills like - Telephone Bill, Electricity bill & Gas Bill (not more than 3 months old) - Both Identification and Address proof shall be attested by
- Special Executive Officer or Notary Public or Bank Branch Manager
INDEMNITY BOND FOR DUPLICATE SHARE CERTIFICATE ANNEXURE-I
(To be typed on Rs.200/- Non-judicial stamp paper) ---
I/We______________ am/are Shareholder(s) of M/s……… ……… ……… and hold shares of the face value of Rs…………/- each as per the details given below:
Sl No. Folio Number No. of Shares
Held
Certificate Number(s)
Distinctive Number(s)
The Share Certificate in respect of the said shares has not been received and is not forthcoming/ lost and is/are not traceable till the date of this Indemnity. The said shares were not accompanied by any blank transfer deed signed by us and that we have not, nor has any person by our order in any manner disposed of, parted with or pledged the said allotment letter, or assigned-our interest therein or any part thereof to any person. We are the sole and absolute owners of the shares covered by the said allotment or cause the same to be surrendered to the company, if and when the same are found.
We therefore, request to issue a duplicate of the said Share certificate. In consideration of the company so doing, we do hereby indemnify the company and bind ourselves, our heirs, executors and administrators to pay all claims, charges, costs, damages, demands, expenses and losses, which the said company may sustain, incur or be liable for in consequence or having issued duplicate share certificate at our above said request. The company may realise the said claims, charges, costs, damages, demands, expenses and losses from us personally, or our heirs, executors or administrators or properties as the case may be the case.
We, the undersigned, further certify that the above facts are true and bind ourselves to make good all claims, charges, costs, damages incur or be liable for in consequence of complying with the request contained above and they will be entitled to realise all claims, charges, costs, damages, demands, expenses and losses from our persons or our heirs or our properties, as the case may be.
In Witness Thereof We Signed This the 04th Day of March’2013 NAME & ADDRESS OF SHAREHOLDER SIGNATURE OF SHAREHOLDER
1)
2)
NAME & ADDRESS OF JOINT HOLDER SIGNATURE OF JOINT HOLDER
1)
2)
NAME & ADDRESS OF WITNESS SIGNATURE OF WITNESS
1)
2)
AFFIDAVIT FOR DUPLICATE SHARE CERTIFICATE ANNEXURE-II
(To be typed on Rs.20/- Non-judicial stamp paper)
---
I/We am/are Shareholder(s) of the
M/s……… and hold shares of the face value of Rs.10/- each as per the details given below:
Sl No. Folio Number No. of Shares
Held
Certificate Number(s)
Distinctive Number(s)
I/We do solemnly and sincerely swear and state as under:
1. That the said share certificate(s) covering the said shares has/have been lost/misplaced/not received and it is/they are not in my/our possession.
2. That I/We have not transferred the said shares or any of them in favour of any other person and I/We have not executed an instrument of transfer for the said shares in favour of any person.
3. That I/We have filed a request to the company, the company to issue duplicate share certificate for the said shares.
NAME(S) OF SHAREHOLDER(S) SIGNATURE(S) OF SHAREHOLDER(S)
2)
VERIFICATION
--- I/We solemnly verify that the facts stated above true and that nothing material has been concealed.
NAME(S) OF SHAREHOLDER(S) SIGNATURE(S) OF SHAREHOLDER(S)
1)
2)
This affidavit should be verified in the presence of First Class Magistrate or a notary public. In the event of verification in the presence of a Notary Public, the Affidavit should contain the requisite Special Adhesive Stamps.
Note: We request you to enclose a copy of any one of the following for identity: 1) Proof of Identity (Voter ID/PAN Card/Driving Licence any other Photo identity proof)
2) Residence proof (Telephone Bill/Ration Card/Electricity Bill/ other Valid Proof.) 3) Original FIR.
GUARANTEE BOND ANNEXURE-III
(To be typed on Rs.20/- Non-judicial stamp paper) (To be Notarised)
I, the undersigned certify that the above facts are true. I join in the requests, As above, in consideration thereof I bind myself to make good all claims, charges costs, damages, expenses and losses which the said complying with the request contained above, and M/s ____________________ Limited will be entitled to realise all claims, charges, cost, damage demands, expenses and losses from my person, my heirs or my properties as the case may.
Place: Date: 1) Signature:
Name & Address:
2) Signature:
Name & Address:
Witness Signature with Name & Address
1)
2)
