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What is Depository and how does it works?

What is Depository and how does it works?

03, Sep 2020

Money is to Bank while Share is to Depository

A Depository  is an organization like a Central Bank where the securities of an investor are held in electronic form, through Depository participants.

There are two depositories in India – National Securities Depository Ltd (NSDL) and Central Securities Depository Ltd (CDSL). 

Who is Depository participants?

A Depository Participant (NSDL & CDSL) a medium through which the shares are held in the electronic form. They are acting as  a link between the investor and the company through the Depository.

Let’s understand how depository system works?

The Depository system functions largely like the banking system. Let’s understand in simple way:

  • A bank holds funds in accounts whereas; a Depository holds securities / shares in accounts for its clients.
  • A bank transfers funds between accounts whereas; a Depository transfers securities between accounts.
  • In both systems, the transfer of funds or securities happens without the actual handling of funds or securities.
  • Both the banks and the Depository are accountable for safe keeping of funds and securities respectively. The company has to sign an Agreement with NSDL/CDSL (the depositories) and install the necessary hardware/software for operations.

What is the Function of a Depository Participant?

A Depository Participant (DP) acts as trade facilitator. The primary functions of a depository participant are outlined below:

  • Facilitate trades and security transfers seamlessly.
  • Convert paper shares into demat accounts.
  • Keep a record of trade and other equity investment transactions.
  • Make new / follow up security issues and offers available to its investors.

 

Image courtsey: thehindubusinessline.com

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What is Dematerialisation (demat) of shares and what are its benefits?

What is Dematerialisation (demat) of shares and what are its benefits?

31, Aug 2020

Dematerialisation ('Demat' in short form) means conversion of a share certificate or idential investment papers from its present physical certificate form to electronic form for the same number of holding.

It offers scope for paperless trading through electronic platform, whereby share transactions and transfers are processed electronically without involving any share certificate or transfer deed after the share certificates have been converted from physical form to electronic form.

Benefit of Demat :

  • Offer faster shares transfer in the name of buyers
  • Remove  inherent problems of bad deliveries,
  • Avoid delay in processing/fraudulent interception in postal transit,

Dematerialisation of shares is optional and an investor can still hold shares in physical form. But one can not transfer the phsycial share of listed company without getting dematerilsed done. 

In India demat account are maintained by two Depositories are in operation to handle demat - National Securities Depository Limited (NSDL) and Central Depository Services Limited (CDSL).

How can you open a demat account? :

For investment in shares, one need to have these three in place - a bank account, a trading account and demat account. Once should apprach a full fledged broker with strong credibility to avoid any future fall out.
 

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What is the Procedure for Change in Address for Shares?

What is the Procedure for Change in Address for Shares?

29, Aug 2020

The article will answer the following questions relating to change in address for Shares

 

If there is a change in my address what is the procedure to get it recorded?

 

  1. If the shares held by you are in physical form, kindly send a request lettersigned by the shareholder (first named shareholder in case of joint-holders) giving the new address along with the Pin Code. Please quote your folio number without fail. In case the shares held by you are in demat,please inform the change to your DP.

Annexure 1: Request Letter

CHANGE OF ADDRESS

Annexure 1:

REQUEST FOR UPDATION OF RECORDS-CHANGE OF ADDRESS

 

To,

Name of the RTA

(Unit: _______________________ )

Address:

Dear Sir,

I/We hereby request you to please update my/our change in address in your Records for the Registered Folio No.________________

Old Address                                                                                New Address

 

 ___________________________________                          ___________________________________

 

 ___________________________________                          ___________________________________

       

 ___________________________________                          ___________________________________

 

City________________________________                           ___________________________________

 

State_______________________________                           ___________________________________

 

Pin code____________________________                            ___________________________________

As required, I/We am/are attaching herewith copies of Proof of Address (POA)and Photo ID Proof

Kindly confirm having recorded the changed address.

Yours faithfully

(______________________________________)

Signature of the First and Jt.Holder(s)

(as per specimen Registered)

Date :

 

Can joint-holders request for a change of address?

 

  1. No. The letter of request will require the signature of the first holder only.

 

Can there be multiple addresses for a single folio?

  1. No. There can be only one registered address for one folio.

If the shares are dematted, what is the procedure for change of address?

  1. Since your Depository Participant maintains your record of dematted shares, you have to inform them about any change in your address. Your Depository Participant will then pass on this information when any action like dispatch of Annual Accounts or payment of dividend etc., is due to be taken by the company.

 

 

 

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What is Unclaimed Investment?

What is Unclaimed Investment?

28, Aug 2020

We invest for achieving certain financial goal, such as financial freedom, retirement planning, education of our children etc

Having investing so much of time effort and energy to ensure that we invest in right asset class, we do not pay hid to the simple fact that Protection of Investment is as important as making investment.

What is Unclaimed Investment?

An investment which has been made by an investor but he or she either forgets to claim the same or in case of any contingency one's family is not aware about such investment is called Unclaimed Investment

What all Investment can be Unclaimed?

The following class of investment might remain Unclaimed :

  1. Old Physical Shares by the investor or ancestral investment
  2. Provident Fund of the person who has worked in various companies but family might not be aware whether the same has been withdrawn or not
  3. Unclaimed matured Insurance where insurance premium might have been fully paid but the insured either has forgotten or might have changed the address of their communication thereby forgetting the same
  4. Inoperative bank account or money lying as fixed deposit with banks
  5. Old mutual fund units / postal savings units of family can remain unclaimed
  6. Ancestral properties can also be Unclaimed

 

www.sharesamadhan.com (samadhan@sharesamadhan.com)

 

 

 

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HOW TO CLAIM THE ASSETS OF DECEASED PERSON?

HOW TO CLAIM THE ASSETS OF DECEASED PERSON?

28, Aug 2020

 

We keep on working throughout our life to earn and accumulate more and more assets / Investment but very few of us are serious of the fact about protection of this hard earned wealth.

Here comes a million dollar question! What happens to these investments after the death of the persons who owns / inherit such investment or properties?

How a person can deal with his assets / investments?

The following key points suggest some ways to deal with one’s assets / investments:

 

  • A self-acquired property can be dealt by a person as per his wish.
  • It is his/her prerogative to decide about the property during his / her life time.
  • During one’s lifetime, a person can sell his / her property at any value, or gift the same to anyone.
  • One can enter into some family settlement.
  • The person can write a ‘Will’ that after the death; the property will be transferred to the person named therein.
  • On the death of the owner, the property will be transmitted either by testamentary or intestate succession.

 

What is a Will?

A ‘Will’ is the declaration, by the owner of the asset, as to how and to whom, the property be transmitted after his / her death.

Some key facts to be known for a “Will”

  • The individual who creates the Will is called the testator or executor  and The person in whose favor the Will is created is known as the legatee.
  • The Will takes effect only after the death of such owner, and therefore, the person executing the Will can change the “Will” or revoke it any time or any number of times, during his /her lifetime.

 

  • There is no express condition that the testator or executor (the person who executes a Will) must necessarily sign the Will in presence of the attesting witnesses.

 

  • There is no legal obligation to get a Will registered but if the testator or executor desires to do so, he may get it Registered.

 

  • The registration of a Will is not compulsory. 

 

  • A Will that is properly signed and clearly expresses the wishes of the testator will be legally valid even if it is not registered with the Registrar.

 

How the property is transmitted after the death of a person?

After the death of a person, his / her property or assets are transmitted in two ways, viz., Testamentary Succession or Intestate Succession.

Now, lets understand what is Testamentary Succession and Intestate Succession?

  1. Testamentary succession – one with a will; or
  2. Intestate succession – one without a will.
  • Testamentary Succession: Succession is done through ‘Will’ is called Testamentary Succession. The following are key points to be noted in case of Testamentary Succession :

 

    • After the death, the right of possession and enjoyment of a property / assets / investment can be obtained by the legatee by obtaining a Probate, Letter of Administration or Succession Certificate, from a court of competent jurisdiction, as the case maybe.

 

2. Intestate Succession: In situations, where the person dies intestate i.e. without creating a Will, then that person’s property is transferred among his / her ‘legal heirs’ by the respective applicable laws of intestate succession.

 

 

 

 

 

What is the applicable law?

In India, the law relating to succession is governed by the Indian Succession Act, 1925. Please note the following point in case of succession:

  • In case of Hindus, Sikhs, Jains and Buddhists, Indian Succession Act is applicable for ‘testamentary succession’.
    • However, for ‘intestate succession’, Hindu Succession Act, 1956 is applicable in case of these religions.
    • The Indian Succession Act, 1925 does not apply to Muslims, as their succession is based on their personal laws.
    • In case of Christians, Laws relating to testamentary as well as intestate succession is governed as per the Indian Succession Act, 1925.

What happens to the property if there is no Will?

If a person dies without executing any Will, then the property will be devolved amongst his ‘legal heirs’ via Intestate Succession as per the principles of the Hindu Succession Act, 1956.

 

Who are the Legal Heirs?

Let’s understand about who the Legal Heirs of the deceased.

 

If a Male Hindu dies intestate:

  • The Hindu Succession Act, 1956, says the property of a Hindu Male dying intestate (without Will) will be inherited to ‘Heirs in Class I’.

 

  • The ‘Heirs in Class I’ broadly includes:
    •  Mother, widow, son(s) and daughter(s) etc.
    • It is to be noted that each of them, gets an equal share in the property of the deceased. For example, if Mr ‘X’ dies intestate without leaving a Will, then his mother, widow wife, son and daughter will each get equal share i.e., 1/4th share each.
    • There is no such distinction between a married and unmarried daughter and a married daughter inherits equally.
    • If any of the legal heirs as mentioned in the Class I’ is not alive then his/her share in the property will go to the legal heirs of that deceased legal heir.

 

  • However, if there is no person alive in ‘Class I’ at the time of death of the deceased, then the property of the deceased will be inherited by ‘Heirs in Class II’.
  • The ‘Heirs in Class II’ broadly includes which broadly include the father, brother, sister, sibling’s children, living children’s grandchildren etc. and they are entitled to a share in the property only if there is no ‘Class I Heir’ living.
  • Lastly, if there are no Class I or Class II heirs, then the property will be devolved upon the Agnates and the Cognates. Agnates of the deceased are relatives from the parental side while Cognates of the deceased are relatives through maternal side.

 

When a Hindu female dies intestate, her property would devolve as below:

  • First, to husband, sons and daughters (including children of predeceased son or daughter). Divided in equal measures.
  • Second, to husband's heirs. If the husband doesn't have any heir, then to mother and father of the deceased female.
  • When the parents have expired, then to heirs of the father. If none of the above exists, to heirs of the mother.

 

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