Depository System
Depository System
Depository System
ON
DEPOSITORY SYSTEM
Disclaimer: These FAQs are not the interpretation of law but provide only a
simplistic explanation of terms / concepts related to the depository system. All
information has been updated till December 21, 2012. For full particulars of
laws governing the depository system, please refer to the
Acts/Regulations/Guidelines/Circulars appearing under the Legal Framework
Section.
1. What is a Depository?
The minimum net worth stipulated by SEBI for a depository is Rs.100 crore.
It can be compared with a bank, which holds the funds for depositors. A bank -
depository analogy is given in the following table:
BANK-DEPOSITORY – AN ANALOGY
BANK DEPOSITORY
6. Who can be a DP ?
7. Who is an Issuer ?
8. What is an ISIN?
When securities of a company are held in physical form by an investor, his/ her
name is recorded in the books of the company as a ‘Registered Owner’ of the
securities. When physical shares are converted into electronic form, the
depository becomes ‘Registered owner” in the books of the company and
investor’s name is removed from books of the company.
All the benefits of the dematerialized shares are given to the actual investor
since the depository holds the securities in a fiduciary capacity on behalf of the
investors who have opened a demat account with the depository. Hence, the
actual investor is the “Beneficial Owner” (BO) of the securities.
As on December 21, 2012, a total of 866 DPs (289 NSDL, 577 CDSL) are
registered with SEBI.
As per the available statistics at BSE and NSE, 99.9% transactions take place in
dematerialised mode only. Therefore, in view of the convenience of trading in
dematerialised mode, it is advisable to have a beneficial owner (BO) account for
trading at the exchanges.
A depository interfaces with the investors through its agents called DPs. If an
investor wants to avail the services offered by the depository, the investor has to
open an BO account with a DP.
Account Opening
First an investor has to approach a DP and fill up an account opening form. The
account opening form must be supported by copies of any one of the approved
documents which serve as proof of identity and proof of address as specified by
SEBI. Apart from these PAN card has to be shown in original at the time of
account opening from April 01, 2006.
Yes. Demat account can be opened in the name of a minor. The account will be
operated by a guardian till the minor becomes major. Guardian has to be the
father or in his absence mother. In absence of both, father or mother, the
guardian can be appointed by court.
Yes. A demat account can be opened in the name of a trust if the trust is
registered under the Public Trust Act 1860 / Societies Registration Act / Bombay
Public Trust Act / Public Trust Act in force in the state. If the trust is a private or
unregistered trust then a demat account shall be opened in the name of trustees
as an individual account. If the trust has more than three trustees, then they will
have to decide in whose name the demat account will be opened.
No. In the case of HUF, shares can be held in the name of existing Karta on
behalf of HUF.
26. Does an Non Resident Indian (NRI) need any Reserve Bank of India (RBI)
permission to open a demat account?
SEBI has mandated that nomination should be recorded for a demat account
held by individuals. If nomination is not to be given then the account holder(s)
should give a written and signed declaration to the effect.
Yes. An investor can open more than one account in the same name with the
same DP and also with different DPs. For all the accounts, investor has to strictly
comply with know your client (KYC) norms including proof of identity, proof of
address requirements as stipulated by SEBI and also provide PAN number. The
investor has to show the original PAN card at the time of opening of demat
account.
29. Can an investor open a single account for securities owned in different
ownership patterns such as securities owned individually and securities
owned jointly with others?
No. Demat account must be opened in the same ownership pattern in which the
securities are held in the physical form. e. g. if one share certificate is in the
individual name and another certificate is jointly with somebody, two different
accounts would have to be opened.
30. What is required to be done if one has physical certificates with the same
combination of names, but the sequence of names is different i.e. some
certificates with ‘A’ as first holder and ‘B’ as second holder and other set
of certificates with ‘B’ as first holder and ‘A’ as the second holder?
In this case the investor may open only one account with ‘A’ & ‘B’ as the account
holders and lodge the security certificates with different order of names for
dematerialisation in the same account. An additional form called "Transposition
cum Demat" form will have to be filled in. This would help you to effect change in
the order of names as well as dematerialise the securities.
BO account charges
31. What are all charges an investor has to pay for opening and maintenance
of a BO account?
Further, SEBI has also advised the DPs to submit to their Depository their
tariff/charge structure every year latest by 30th April and changes made therein,
along with the date of effect to enable the investors to have a comparative
analysis of the tariff/charge structure of various DP’s. The information received
by the depositories is put up on their websites.
Yes. In the event of closing of demat account or shifting of demat account from
one DP to another, the AMC collected upfront on annual / half yearly basis by the
DP, shall be refunded by the DP to the BO for the balance of the quarter/s.
example 1: Annual AMC collected by BO, BO closes / shifts his account in the
1st quarter, he shall be refunded the amount of balance 3 qtrs i.e. 3/4th of the
AMC collected. example 2: Likewise if a BO closes / shifts his account in 3rd qtr.,
he shall be refunded the amount of balance 1 qtr i.e. 1/4th of the AMC collected.
33. Whether all DPs are required to refund the AMC collected upfront for the
balance quarters?
No. It will not be applicable to the DPs who collect quarterly / monthly AMC.
34. How will the beginning of year considered for the calculation of the AMC?
For the calculation of the AMC, year shall begin from the date of opening of the
account in quarterly rests.
35. What would be the charges for account closure and securities transfer due
to account closing?
SEBI has advised that from January 09, 2006, no charges shall be levied by a
depository on DP and consequently, by a DP on a BO, when a BO transfers all
the securities lying in his account to another branch of the same DP or to another
DP of the same depository or another depository, provided the BO Account/s at
transferee DP and at transferor DP are identical in all respects. In case the BO
Account at transferor DP is a joint account, the BO account at transferee DP
should also be a joint account in the same sequence of ownership.
All other transfer of securities consequent to closure of account, not fulfilling the
above-stated criteria, would be treated like any other transaction and charged as
per the schedule of charges agreed upon between the BO and the DP.
Operation of BO Account
Investor should immediately inform his DP along with necessary documents, who
in turn will update the records. This will obviate the need of informing different
companies.
37. Does the investor have to keep any minimum balance of securities in his
account?
No.
No. Investor can choose any DP as per his / her convenience or choice and
carry on trading activity through broker of his / her choice, irrespective of the DP
of broker.
39. Can an investor operate a joint account on "either or survivor" basis just
like a bank account?
No. The demat account cannot be operated on "either or survivor" basis like the
bank account.
40. Can someone else operate the account on behalf of the BO on the basis of
a power of attorney (POA)?
Yes. If the BO authorises any person to operate the account by executing a POA
and submit it to the DP, that person can operate the account on behalf of the BO.
41. How can intimation of any transaction be given for POA operated
accounts?
Subscription of SMS alerts for the depository accounts operated through POA is
mandatory except in cases of accounts held by non-individual, foreign individuals
& NRIs.
Yes. An individual BO may change his/ her name in the event of marriage,
change in father's name or any other reasons by submitting the following
documents
44. Can an investor close his demat account with one DP and transfer all
securities to another account with another DP?
Yes. The investor can submit account closure request to his DP in the prescribed
form. The DP will transfer all the securities lying in the account, as per the
instruction, and close the demat account.
In case of any discrepancy in the statement of holdings, investor can contact his
DP and in case of discrepancies in corporate benefits, one can approach the
company / its RTA. If the discrepancy is not resolved, the investor may approach
concerned Depository (NSDL or CDSL).
Investor can freeze his account and/or ISIN and/or specific number of securities
under an ISIN for any given period of time as per applicable Regulations of SEBI
and Bye Laws of the respective depository.
47. Why should an investor give his bank account details at the time of BO
account opening?
Bank account details are necessary for the protection of interest of investors.
When any cash or non cash corporate benefits such as rights or bonus or
dividend is announced for a particular scrip, depositories provide to the
concerned issuer /it’s RTA, the details of the investors, their electronic holdings
as on record / book closure date for reckoning the entitlement of corporate
benefit.
The disbursement of cash benefits such as dividend is credited directly by the
Issuer/it’s RTA to the beneficiary owner through the ECS (Electronic Clearing
Service wherever available) facility or by issuing warrants on which bank account
details are printed for places where ECS facility is not available. The bank
account number is mentioned on the dividend and warrant to avoid any
fraudulent misuse. The bank account details will be those which are mentioned
in account opening form or modified details that had been intimated
subsequently by the investor to the DP.
Yes. However, the investor must inform the DP regarding change in the bank
account and corresponding change in MICR / IFSC code while updating their
bank account details with DP. In the depository system monetary benefits on the
security balances are paid as per the bank account details provided by the
investor at the time of account opening The investor must ensure that any
subsequent changes in bank account details are informed to the DP.
Dematerialisation
49. Is dematerialization of securities compulsory?
According to the Depositories Act, 1996, an investor has the option to hold
securities either in physical or electronic form. Part of holding can be in physical
form and part in demat form. However, SEBI has notified that settlement of
market trades in listed securities should take place only in the demat mode.
All types of equity/ debt instruments viz. equity shares, preference Shares, partly
paid shares, bonds, debentures, commercial papers, certificates of deposit,
government securities (G-SEC) etc. irrespective of whether these instruments
are listed / unlisted / privately placed can be dematerialized with depository, if
they have been admitted with the depository.
Depository does not levy any charge for dematerialization of securities. However,
DPs may collect dematerialization charges towards postage / courier charges
etc. as per their tariff sheet.
52. How can one convert physical holding into electronic holding i.e. how can
one dematerialise securities?
54. Whether different securities issued by the same issuer will have same
ISIN?
No, different securities issued by the same issuer will have different ISIN code.
Dematerialised shares do not have any distinctive numbers. These shares are
fungible, which means that all the holdings of a particular security will be identical
and interchangeable.
Yes. The process is called rematerialisation. If one wishes to get back his
securities in the physical form he has to fill in the RRF (Remat Request Form)
and request his DP for rematerialisation of the balances in his securities account.
The process of rematerialisation is outlined below:
Trading / Settlement
The procedure for buying and selling dematerialised securities is similar to the
procedure for buying and selling physical securities. The difference lies in the
process of delivery (in case of sale) and receipt (in case of purchase) of
securities.
In case of purchase:-
• The broker will receive the securities in his account on the payout day.
• The broker will give instruction to its DP to debit his account and credit BO's
account.
• BO will give ‘Receipt Instruction’ to DP for receiving credit by filling
appropriate form. However BO can give standing instruction for credit to his
account that will obviate the need of giving Receipt Instruction every time.
In case of sale:-
In a bank account, credit to the account is given only when a 'pay in' slip is
submitted together with cash/cheque. Similarly, in a depository account 'Receipt
in' form has to be submitted to receive securities in the account. However, for the
convenience of BOs, facility of 'standing instruction' is given. If you say 'Yes' for
standing instruction, you need not submit 'Receipt In' slip every time you buy
securities. If you are particular that securities can be credited to your account
only with your consent, then do not say 'yes' [or tick ] to standing instruction in
the application form.
59. What is Delivery Instruction Slip (DIS)? What precautions do one need to
observe with respect to Delivery Instruction Slips?
To give the delivery one has to fill a form called Delivery Instruction Slip (DIS).
DIS may be compared to cheque book of a bank account. The following
precautions are to be taken in respect of DIS:-
• Ensure and insist with DP to issue DIS book. Submit DIS instruction request
slip (contained in previous booklet) duly complete in all respects to the DP.
• Ensure that DIS numbers are pre-printed and DP takes acknowledgment for
the DIS booklet issued to investor.
• Ensure that your account number [client id] is pre-stamped.
• If the account is a joint account, all the joint holders have to sign the
instruction slips. Instruction cannot be executed if all joint holders have not
signed.
• Avoid using loose slips.
• Do not leave signed blank DIS with anyone viz., broker/sub-broker, DPs or
any other person/entity.
• Keep the DIS book under lock and key when not in use.
• If only one entry is made in the DIS book, strike out remaining space to
prevent misuse by any one.
• BO should personally fill in target account-id and all details in the DIS.
• If the DIS booklet is lost / stolen / not traceable, the same must be intimated to
the DP immediately in writing. On receipt of such intimation, the DP will
cancel the unused DIS of the said booklet.
60. Is it possible to give delivery instructions to the DP over Internet and if yes,
how?
Yes. Both NSDL and CDSL have launched this facility for delivering instructions
to your DP over Internet, called SPEED-e and EASI respectively. The facility can
be used by all registered BOs after paying the applicable charges.
Pledging
62. Can one pledge the dematerialised securities?
• Both BOs, investor (pledgor) and the lender (pledgee) must have BO account
with the same depository;
• Pledgor will have to instruct DP to create pledge in prescribed standard form
(Pledge Request Form) with the details of the securities;
• The lender (pledgee) has to confirm the request through his/her DP;
• Once this is done, securities are pledged.
• All financial transactions between the pledgor and the pledgee are handled as
per usual practice outside the depository system.
64. What is the procedure for closure of pledge after repayment of loan?
After the repayment of loan, pledgor can request for a closure of pledge by
instructing the DP in a prescribed format. The pledgee on receiving the
repayment will instruct his DP accordingly for the closure of the pledge.
Yes, if the pledgee (lender) agrees, pledgor (investor) may change the securities
offered in a pledge.
66. Who will receive the corporate benefits on the pledged securities?
The securities pledged are only blocked in the account of pledgor (investor) in
favour of the pledgee (lender). The pledgor would continue to receive all the
corporate benefits.
Transaction Statement
67. How does one know that the DP has updated the account after each
transaction?
Depositories also provide SMS Alert facility for demat account holders whereby
investors can receive alerts for debits (transfers) to their demat accounts and for
credits in respect of corporate actions for IPO and offer for sale. Under this
facility, investors can receive alerts, a day after such debits (transfers)/credits
take place. These alerts are sent to those account holders who have provided
their mobile numbers to their DPs.
68. At what frequency will the investor receive his transaction and holding
statement from his DP?
DPs have to provide transaction statements to their clients once in a month, if
there is any transaction. DPs have to provide the transaction statements /
holding statement to the BOs in other cases as per the table given below-
DPs also provide transaction statement in electronic form under digital signature
subject to their entering into a legally enforceable arrangement with the BOs to
this effect.
In case of any discrepancy in the transaction statement, BO can contact his DP.
If the discrepancy cannot be resolved at the DP level, BO should approach the
Depository.
In case of any investor complaint / problem / query one may first contact his
DP. If DP is unable to solve the complaint / problem / query one should approach
concerned depository. If one is not satisfied one may approach SEBI. One may
also approach SEBI directly through SEBI Complaints Redress System
(SCORES).
Nomination
75. In the event of death of the sole holder, how the successors should claim
the securities lying in the demat account?
1. In case of death of sole holder; where the sole holder has appointed a
nominee
• Notarised copy of the death certificate
2. In case of death of the sole holder; where the sole holder has not
appointed a nominee
• Notarised copy of the death certificate
The DP, after ensuring that the application is genuine, will transfer securities to
the account of the claimant.
Yes. Inter depository transfers are possible without any additional costs.
Basic Services Demat Account (BSDA)
Basic Services Demat Account (BSDA) is provided by DPs with effect from
October 1, 2012 with limited services to achieve wider financial inclusion,
encourage holding of demat accounts and reduce the cost of maintaining
securities in demat accounts for retail individual investors.
a. All the individuals who have or propose to have only one demat account
where they are the sole or first holder.
b. Individuals having any other demat account/s where they are not the first
holder shall be eligible for BSDA in respect of the single demat account
where they are sole or first holder.
c. The individual shall have only one BSDA in his/her name across all
depositories.
d. Value of securities held in the demat account shall not exceed Rs. two
lakhs at any point of time.
The DPs shall reassess the eligibility of the BOs at the end of every billing
cycle and give option to the BOs who are eligible to opt for BSDA
Yes. All existing eligible individuals can convert their demat account into BSDA
on the date of the next billing cycle based on the value of holding of securities in
the account as on the last day of previous billing cycle.
The DPs shall reassess the eligibility of the BOs at the end of every billing cycle
and give option to the BOs who are eligible to opt for BSDA.
ii. In case of physical statements, the DP shall provide at least two statements
free of cost during the billing cycle. Additional physical statement may be
charged at a fee not exceeding Rs.25/- per statement.
The value of holding shall be determined by the DPs on the basis of the daily
closing price or NAV of the securities or units of mutual funds, as the case may
be. Where such price is not available the last traded price may be taken into
account and for unlisted securities other than units of mutual funds, face value
may be taken in to account.
82. In case the value of holding exceeds the prescribed criteria what will be
applicable charges for BSDA?
If the value of holding in such BSDA exceeds the prescribed criteria at any date,
the DPs may levy charges as applicable to regular accounts (non-BSDA) from
that date onwards.
83. At what frequency will the investor receive his Transaction & Holding
Statement from his DP for BSDA?
a. Transaction statements:
b. Holding Statement:
84. How many Delivery Instruction Slips (DIS) shall be issued for BSDA?
At least two Delivery Instruction Slips (DIS) shall be issued at the time of account
opening.
85. How will intimation of debit transaction be given to the BOs opting for
BSDA?
All BOs opting for the facility of BSDA, shall register their mobile number for
availing the SMS alert facility for debit transactions.
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