Reasons for IEPF-5 Rejection for Recovery of Shares

CCl- Compliance Calendar LLP

Volume

1

Rate

1

Pitch

1

IEPF Form 5 is filed to reclaim shares, dividends, and other unpaid amounts transferred to the Investor Education and Protection Fund (IEPF) by companies. Under the Companies Act, 2013, unclaimed dividends, matured deposits, or shares for a continuous period of 7 years are transferred to the IEPF. Shareholders or their legal heirs must file Form 5 to initiate the recovery process. 

Purpose of Filing IEPF Form 5

1. Reclaim Shares: To recover shares transferred to the IEPF account.

2. Reclaim Dividends: To recover unclaimed dividends accrued on the transferred shares.

3. Access Unpaid Amounts: For amounts like matured deposits, debentures, or other unpaid sums moved to the IEPF.

4. Legal Heir Claims: For heirs or nominees to claim ownership after the original shareholder’s demise.

5. Update Records: To ensure shareholder information is updated with the IEPF and the company.

Reasons for IEPF-5 Form Rejection

Rejection of claims filed with the Investor Education and Protection Fund (IEPF) Authority can occur due to various reasons. Here are some common reasons for IEPF rejection:]

1. Incomplete Documentation: Missing or incomplete documents are one of the primary reasons for rejection. Essential documents such as the claimant's identity proof, address proof, original share certificates, and indemnity bonds may be missing or improperly submitted.

2. Mismatch in Details: Rejection occurs if there is a mismatch between the details in the claim form and the supporting documents. For instance, differences in the name, address, or other personal details between the shareholding records and the submitted proofs can lead to rejection.

3. Incorrect or Incomplete Form Submission: Errors or incomplete information in the IEPF Form (Form IEPF-5) can result in claim rejection. For example, incorrect bank details or failure to fill out mandatory fields accurately can be the reason for rejection.

4. Non-Compliance with Legal Procedures: If the claimant has not complied with the legal or procedural requirements mandated by the IEPF Authority, such as failing to publish the claim notice in a newspaper when required, the claim may be rejected.

5. Failure to Submit Physical Documents: Even after filing Form IEPF-5 online, failure to send the physical set of documents, including Form IEPF-5 and supporting documents, to the concerned company and the IEPF Authority can lead to the reason for rejection.

6. Unclear or Doubtful Supporting Documents: Documents that are unclear, poorly scanned, or doubtful may not be accepted. The IEPF Authority may reject claims if they cannot properly verify the identity or the entitlement of the claimant.

7. Expired or Incorrect Indemnity Bond Format: Submission of an indemnity bond in an incorrect format or an expired bond can be a reason for rejection. The bond must comply with the prescribed format by the IEPF Authority and be properly notarized.

8. Non-Transfer of Shares to the IEPF Authority: If the shares or unclaimed dividends have not been transferred to the IEPF Authority from the company, the claim cannot be processed. This situation usually occurs when the claimant or the company has not completed the prior necessary steps.

9. Pending Company Verification: The claim may be rejected if the company fails to verify and forward the claim to the IEPF Authority. Timely cooperation from the company is crucial for claim approval.

10. Duplicate or Fraudulent Claims: If the IEPF Authority identifies a claim as duplicate or fraudulent, it will reject the application. Ensuring that there are no conflicting claims on the same shares or dividend is important. 

Being aware of these reasons can help in preparing and submitting a complete and accurate claim application to the IEPF Authority

How to Avoid Rejection

-Carefully review and cross-check all details before submission.

-Provide complete and certified documents as per IEPF guidelines.

-Ensure timely submission of the acknowledgment and documents to the company.

-Regularly follow up with the company’s Nodal Officer for updates. 

Disclaimer

This guidance is for informational purposes only and should not be considered as legal or professional advice. While we will provide accurate and up-to-date information, claimants are strongly advised to carefully read the official instructions and guidelines provided by the Investor Education and Protection Fund (IEPF) Authority before submitting Form IEPF-5. It is essential to ensure that:

1. All mandatory fields in Form IEPF-5 are correctly filled and consistent with the supporting documents.

2. Accurate and complete supporting documents are provided, including proof of identity, address, original share certificates, indemnity bonds, and any other relevant documents.

3. The physical copies of the form and documents are dispatched to the concerned company and IEPF Authority as per the prescribed procedure given by the authority. 

4. Any discrepancies, mismatched details, or procedural non-compliance are resolved before submission to avoid delays or rejection. 

FAQs

1. What is IEPF-5 and why can it be rejected? 

Ans. IEPF-5 is a form used for the claim of unpaid dividend, matured debentures, or shares that have been transferred to the Investor Education and Protection Fund (IEPF) in India. This form can be rejected due to various reasons, including incomplete or incorrect documentation, mismatch of details with IEPF records, or failure to meet statutory requirements for claiming the funds.

2. Why was my IEPF-5 application rejected due to incorrect details? 

Ans. IEPF-5 applications are rejected if the details provided in the form, such as shareholder information, demat account number, or folio number, do not match the records maintained by the company or the IEPF. It is crucial to verify the exact details on your dividend records or shareholder communication before submitting the form to avoid rejections.

3. Can IEPF-5 be rejected if my claim exceeds the prescribed limits? 

Ans. Yes, IEPF-5 claims can be rejected if the claim amount exceeds the maximum allowed limit as per IEPF guidelines. This typically happens when multiple claims are filed for the same financial year or when the claimants attempt to recover an amount that has already been claimed previously. Ensure that your claim aligns with the current IEPF guidelines and is within the permissible limit.

4. What happens if I submit incorrect documents for IEPF-5? 

Ans. The rejection of an IEPF-5 application can occur if the required supporting documents are not correctly submitted. This includes the incorrect or incomplete submission of identity proof, address proof, and bank details. It’s essential to cross-check the list of required documents provided by the Ministry of Corporate Affairs (MCA) to ensure they are correctly submitted to avoid rejection.

5. Why would my IEPF-5 application be rejected due to discrepancies in the bank account details? 

Ans. The rejection could occur if the bank account details mentioned in the IEPF-5 form do not match the records held by the IEPF or if the provided bank account is not valid (such as a closed or frozen account). To prevent rejection, double-check your bank details, ensure the account is active, and verify that the details exactly match with those on your claim application.

You may also like