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Sunday, January 10, 2010

Transmission or Transposition & death of Joint holder of shares mandates PAN for listed companies & for mismatch or maiden name for married woman, a proof of identity or address to be submitted for corroborative evidence to RTA

SEBI/MRD/DoP/SE/RTA/Cir-03/2010 dated 7th January, 2010

Sub: PAN requirement for transmission of shares in physical form
The Securities and Exchange Board of India (SEBI) vide circular ref. no. MRD/DoP/Cir-05/2007 dated April 27, 2007 made PAN mandatory for all securities market transactions. Thereafter, vide circular no. MRD/DoP/ Cir-05/2009 dated May 20, 2009 it was clarified that for securities market transactions and off-market/ private transactions involving transfer of shares in physical form of listed companies, it shall be mandatory for the transferee(s) to furnish copy of PAN card to the Company/ RTAs for registration of such transfer of shares.

Based on representations/ clarifications sought by market participants and in continuation to the aforesaid circulars, it is hereby clarified that it shall be mandatory to furnish a copy of PAN in the following cases –

  1. Deletion of name of the deceased shareholder(s), where the shares are held in the name of two or more shareholders (Joint Shareholdings).
  2. Transmission of shares to the legal heir(s), where deceased shareholder was the sole holder of shares.
  3. Transposition of shares – when there is a change in the order of
    names in which physical shares are held jointly in the names of two or
    more shareholders.

Incase of mismatch in PAN card details as well as difference in maiden name and current name (in case of married women) of the investors -

  • The Registrar & Transfer Agents (RTAs) can collect the PAN card as submitted by the transferee(s).  However, this would be subject to the RTAs verifying the veracity of the claim of such transferee(s) by collecting sufficient documentary evidence in support of the identity of the transferee(s) as provided for at para. 2 in the SEBI circular no. MRD/DoP/Dep/Cir-29/2004 dated August 24, 2004 (ie) based on proof of identity or proof of address documents as given below:
  • (ie) A copy of any one of the following may be accepted for proof  of identity / proof of address:

    A.  Proof of Identity

    I. Passport
    II. Voter ID Card
    III. Driving license
    IV. PAN card with photograph
    V. MAPIN card
    VI. Identity card/document with applicant's Photo, issued by

    a) Central/State Government and its Departments,
    b) Statutory/Regulatory Authorities,
    c) Public Sector Undertakings,
    d) Scheduled Commercial Banks,
    e) Public Financial Institutions,
    f) Colleges affiliated to Universities,
    g) Professional Bodies such as ICAI, ICWAI, ICSI, Bar Council etc., to their Members; and
    h) Credit cards/Debit cards issued by Banks.

    B.  Proof of Address

    I. Ration card
    II. Passport
    III. Voter ID Card
    IV. Driving license
    V. Bank passbook
    VI. Verified copies of

    a) Electricity bills (not more than two months old),
    b) Residence Telephone bills (not more than two months old) and
    c) Leave and License agreement / Agreement for sale.

    VII. Self-declaration by High Court & Supreme Court judges, giving the new address in respect of their own accounts.
    VIII. Identity card/document with address,  issued by

    a) Central/State Government and its Departments,
    b) Statutory/Regulatory Authorities,
    c) Public Sector Undertakings,
    d) Scheduled Commercial Banks,
    e) Public Financial Institutions,
    f) Colleges affiliated to universities; and
    g) Professional Bodies such as ICAI, ICWAI, Bar Council etc., to their Members.

  • read with SEBI circular no. MRD/DoP/Cir-08/2007 dated June 25, 2007.  It details the discontinuation with respect to the requirement of Unique Identification Number (UIN) under the SEBI (Central Database of market Participants Regulations), 2003 (MAPIN regulations)/circulars and to make PAN as the sole identification number for all participants in the securities market, irrespective of the amount of transaction.

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