What is Form IEPF-5?

Form IEPF-5
Sherin Jose
| Updated: Dec 09, 2022 | Category: Recovery of Shares

The Investor Education and Protection Fund were instituted by the Central Government to protect the interests of investors and create awareness among investors. The Investor Education and Protection Fund, or the IEPF, is regulated by Section 125 of the Companies Act,2013 & the Investor Education & Protection Fund Authority (Appointment of Chairpersons and Members, holding of meetings and provisions for office and officers) Rules, 2016. Scroll down to check more about Form IEPF 5.

Claiming a Refund from IEPF Authority through Form IEPF-5

The law, as laid under the Companies Act, 2013 and IEPF Rules, 2016 states that a person can claim refunds with the IEPF authority to claim the unpaid and unclaimed shares and dividends which have been transferred to the IEPF fund by the company by filing Form IEPF-5 as provided under Section 125(3) of the Companies Act, 2013. So, the shareholders of a company whose unpaid or unclaimed amounts have been transferred to IEPF can claim refunds from the IEPF authority by filing e-form IEPF-5 on the official portal of the Ministry of Corporate Affairs[1].

Section 125 (2)(c) of the Companies Act, 2013 states that – “there shall be credited the amount in the Unpaid Dividend Account of the Companies transferred to the fund under Section 124 (5) of the Companies Act, 2013.

Section 124 of the Companies Act 2013 deals with Unpaid Dividend Accounts. Section 124(5) mandates that when money, which has been transferred to the unpaid dividend account of a company, remains unclaimed/unpaid for 7 years, such money is required to be transferred to the IEPF with interest and the company is also required to send a statement to the Investor Education and Protection Fund Authority. The Investor Education & Protection Fund Authority, in return, is to provide a receipt to the Company as evidence of such transfer.

Section 124(6) of the Companies Act, 2013 states that any share for which a dividend has remained unpaid/unclaimed for seven consecutive years/more must be transferred by the company to IEPF and along with a statement giving details of such transfer.

Section 125(3) of the Companies Act, 2013 states that shareholders of matured deposits or matured debentures or unpaid dividends are empowered to claim a refund of the unpaid amount which has been transferred to IEPF.

Rule 7(1) of the Investor Education & Protection Fund Authority (Appointment of Chairpersons and Members, holding of meetings and provisions for office and officers) Rules, 2016 provides for circumstances when shareholders can claim a refund of specific amounts which have been transferred by the Company to the IEPF. The refund can be claimed by applying to the Investor Education and Protection Fund Authority through Form IEPF-5 along with the requisite fee as prescribed by the Investor Education and Protection Fund Authority in consultation with the Government of India. Shareholders can claim refunds in the following circumstances under Form IEPF-5 when such have been transferred to the IEPF:

  • Shares
  • Unpaid dividend
  • Matured deposits
  • Matured debentures
  • Application money which is to be refunded
  • Redemption proceeds of preference shares
  • Interest on sale proceeds of fractional shares

A claimant can only file one consolidated claim against one Aadhar number in one fiscal year. Details of multiple folios of the same company have to be included in one consolidated claim.

Necessary Documents Required to File Form IEPF-5

Documents which are required to be submitted while filing Form IEPF-5 are as follows:

  • Copy of Form IEPF-5 filled and uploaded on the MCA website signed by the claimant and if there are joint holders, the Form should be signed by all of them.
  • Copy acknowledgement with Special Request Number generated after uploading Form IEPF-5 on the IEPF website.
  • An indemnity bond which, with the signature of the claimant to be executed, in case of a dividend where the dividend amount does not exceed Rupees 10000, on plain paper. The indemnity bond must be executed on non-judicial stamp paper of required value as provided under the Stamp Act for a claim of dividend amount exceeding Rupees 10000 and shares.
  • Advance stamped receipt with the signature of the claimant and two witnesses
  • KYC documents of the claimant- Self-attested copies of Aadhar Card and Pan Card. In the case of joint holders, self-attested Aadhar card copies of all such joint holders.
  • Original cancelled cheque
  • Original share certificate where shares are claimed in Physical Form
  • If the shares were held in a Demat account, then a copy of the account showing proof of debit of shares to IEPF
  • Proof of entitlement like dividend warrant, interest warrant, share certificate, application number
  • Copy of passport, Overseas Citizen of India Card, Person of Indian Origin card in case of foreigners or NRIs
  • Client master list of the Demat account of the claimant duly attested by the claimant

Procedure to Claim Refund under Form IEPF-5

The following are the necessary steps to be followed to file Form IEFP-5 by shareholders whose unpaid or unclaimed amounts have been transferred by the Company to IEPF:

  1. Before the claimant fills out the e-form, there is certain information which is required to be with the claimant. Details pertaining to the dividend to be claimed, like a number of claims, folio number or Demat number, amount of claim and financial year to which the claim relates and reason for non-receipt of claims, details pertaining to the shares claimed to, like the type of shares, a number of shares, folio number or demat number and CIN of the company should be kept ready. The claimant must also give details of the bank account in which the refund has to be claimed and details of the demat account in which shares shall be credited.
  • Fill Claim Form IPEF-5

The applicant should visit the official website of IEPF and go to “Web Form IPEF-5”. The link would take the applicant to the MCA portal where the Form is to be filled in by the applicant by adding all required details like particulars of the applicant and the company, details of the shares and amounts claimed, Aadhar number or details of passport/OCI/PIO cards as applicable, demat account number, details of Aadhar linked bank account.

Once the Form has been filled out, download the Form.

  • Upload Form on the IPEF Website

After the Form has been downloaded, the claimant must visit the IPEF website by clicking on the Forms tab and further clicking on the ‘Upload e-Forms’ option. Once the Form has been successfully uploaded, an acknowledgement with SRN will be generated. The claimant is to take a printout of the Form uploaded and the acknowledgement.

  • Submit Documents to the Nodal Officer

The claimant is then required to submit all the documents as mentioned above, a self-attested copy of the e-form and a copy of the acknowledgement in an envelope titled “Claim for Refund from IEPF Authority” to the Nodal Officer of the company at the registered office of the company. The company shall verify Form IPEF-5 and send a detailed report with the Form and document to the IEPF authority.

  • Assessment by IEPF Authority

Once the IEPF authority receives the Form and the documents, it shall assess the Form and the documents and scrutinize the accuracy, completeness, and sufficiency to support the claim for refund.

  • Release of Refund by IEPF Authority

Once the IEPF authority has assessed and claim form, documents, and credit transferred by the Company to the IEPF authority and is satisfied as to the credibility of the claim, it shall release the refund which has been claimed to the account of the shareholder which is linked with her Aadhar Card.

Steps to Check the Status of Refund Claim Filed under Form IEPF-5

If the claimant needs to check the status of the refund claim made to the IEPF authority, the claimant can follow the following steps:

  • Visit the official MCA website and click on the MCA Services tab.
  • The next vital step is to click on the ‘Track SRN/Transaction Status’ and follow the link to the ‘Track SRN/Transaction Status’ page.
  • Once the page is displayed, click on the Track Transaction Status menu under the Services tab.
  • Enter the SRN for the claim under the SRN field and fill in the time range of when the transaction was completed.
  • Now the claimant must select the relevant option from many given under Service Type and click the Search button to reveal the current status of the claim made to the IEPF authority by the claimant.

Conclusion

The Government of India established the Investor Education and Protection Fund to protect the interests of investors and generate awareness amongst investors. The government has laid down mechanisms to protect the rights and claims of shareholders whose unpaid or unclaimed amounts have been transferred by the company to the IEPF as per the law laid down under the Companies Act, 2013 and IEPF Rules, 2016. Shareholders with legitimate and credible claims can apply to the IEPF authority to claim a refund of unclaimed or unpaid amounts transferred to it by the company by filing Form IEPF-5. It is imperative that such shareholders be aware of this right to claim such a refund, the procedure involved, and the documents and other details required to avail of such refunds.

Read our Article:Procedure for Recovery of Shares from IEPF in India

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Sherin Jose

Sherin has degrees in Law and English Literature from the University of Delhi. She is adept at legal research and writing and enjoys discussing and analysing important legal developments. Her primary interests lie in Corporate, FinTech and IPR Law and she is always on the lookout for exploring new developments in the area. She is an avid reader who loves classics and contemporary fiction. She likes to travel, bake and obsess over cat videos in her free time.

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