SEBI (LODR) (Fourth Amendment) Regulations, 2022.

SEBI (LODR) (Fourth Amendment) Regulations, 2022.

No. SEBI/LAD-NRO/GN/2022/80.—In exercise of the powers conferred by section 11, sub-section (2) of section 11A and section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) read with section 31 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015, namely:-

1. These regulations may be called the Securities and Exchange Board of India (Listing Obligations and
   Disclosure Requirements) (Fourth Amendment) Regulations, 2022.
   
2. They shall come into force on the date of their publication in the Official Gazette.
   
3. In the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015,-
   
   I. in regulation 40, in sub-regulation (7), after the word “transfer” and before the words “of securities”, the words “and transmission” shall be inserted;
   
   II. in regulation 61, in sub-regulation (4), after the word “transfer” and before the words “of securities”, the words “and transmission” shall be inserted;
   
   III. in Schedule VII,
   
   (i) in the heading, after the word “TRANSFER” and before the words “OF SECURITIES”, the words “AND TRANSMISSION” shall be inserted;
   
   (ii) clause C shall be substituted with the following, namely –
   
   “C. Documentation requirements in case of transmission of securities.
   (1) In case of transmission of securities, where the securities are held in single name with nomination, the following documents shall be submitted:
   
   (a) duly signed transmission request form by the nominee;
   
   (b) original death certificate or copy of death certificate attested by the nominee subject to verification with the original or copy of death certificate duly attested by a notary public or by a Gazetted Officer;
   
   (c) self-attested copy of the Permanent Account Number card of the nominee, issued by the
   Income Tax Department.
   
   (2) In case of transmission of securities, where the securities are held in single name without nomination, the following documents shall be submitted:
   
   (a) a notarized affidavit from all legal heir(s) made on non-judicial stamp paper of appropriate value, to the effect of identification and claim of legal ownership to the securities:
   Provided that in case the legal heir(s)/claimant(s) are named in the Succession Certificate or Probate of Will or Will or Letter of Administration as may be applicable in terms of Indian Succession Act, 1925 (39 of 1925) or Legal Heirship Certificate or its equivalent certificate issued by a competent Government Authority, an affidavit from such legal heir(s)/claimant(s) alone shall be sufficient;
   
   (b) duly signed transmission request form by the legal heir(s)/claimant(s);
   
   (c) original death certificate or copy of death certificate attested by the legal heir(s)/claimant(s)
   subject to verification with the original or copy of death certificate duly attested by a notary public or by a Gazetted Officer;
   
   (d) self-attested copy of the Permanent Account Number card of the legal heir(s)/claimant(s), issued by the Income Tax Department;
   
   (e) a copy of Succession Certificate or Probate of Will or Will or Letter of Administration or Court Decree as may be applicable in terms of Indian Succession Act, 1925 (39 of 1925) or Legal Heirship Certificate or its equivalent certificate issued by a competent Government Authority, attested by the legal heir(s)/claimant(s) subject to verification with the original or duly attested by a notary public or by a Gazetted Officer:
   Provided that in a case where a copy of Will or a Legal Heirship Certificate or its equivalent certificate issued by a competent Government Authority is submitted, the same shall be accompanied with a notarized indemnity bond from the legal heir(s) /claimant(s) to whom the securities are transmitted, in the format specified by the Board:
   Provided further that in a case where a copy of Legal Heirship Certificate or its equivalent certificate issued by a competent Government Authority is submitted, the same shall also be accompanied with a No Objection from all non-claimants, stating that they have relinquished their rights to the claim for transmission of securities;
   
   (f) for cases where value of securities is up to rupees five lakhs per listed entity in case of securities held in physical mode, and up to rupees fifteen lakhs per beneficial owner in case of securities held in dematerialized mode, as on date of application, and where the documents mentioned in para (e) are not available, the legal heir(s) /claimant(s) may submit the following documents:
   (i) no objection certificate from all legal heir(s) stating that they do not object to such transmission or copy of family settlement deed executed by all the legal heirs duly attested by a notary public or by a Gazetted Officer; and
   (ii) a notarized indemnity bond made on non-judicial stamp paper of appropriate value, indemnifying the Share Transfer Agent/ listed entity, in the format specified by the Board:
   Provided that the listed entity may, at its discretion, enhance the value of securities from the threshold limit of rupees five lakhs, in case of securities held in physical mode.”

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