| Procedure For
Handling Inter Exchange Objection 2.1
Procedure to be followed by a Member for reporting Inter Exchange objections to Bad
Delivery Cell (incase the shares have been transacted on more than one exchange).
The procedure consists of 2 parts :
In Part 1 the receiving member will approach BDC of last exchange and submit his
objections using form BDC-1A, which will have to be rectified by the introducing member of
the last exchange as per the procedures laid down for handling local exchange objections.
In the Second Part, when the introducing
member of the last exchange wants to rectify the shares that have come under objection the
following procedure will have to be followed :
Option 1 : In case of inter Exchange
objections the introducing member of the last exchange may handover the documents under
objection to the previous member through whom he has purchased the shares under objection.
The introducing member of the last exchange thus has an option to settle his objection
directly without going through the BDC.
Option 2 : In the alternative, the
introducing member of the last exchange can approach the Bad Delivery Cell of the last
exchange for rectification/replacement of the shares under company objection. In case the
introducing member of the last exchange approaches the BDC of the last exchange, the BDC
of the last exchange will forward the shares to the BDC of the first exchange who will in
turn forward the same to the introducing member of the first exchange. The procedure to be
followed for reporting such cases to the BDC of the last exchange is given below :
- The shares under objection are required to be lodged by the
introducing member of the last exchange with the BDC of the last exchange in the
prescribed Form BDC-1B in quadruplet. Claims for corporate benefits (if any) should also
be made in Form BDC-1B.
- The following documents are required to be enclosed.
- Form BDC-1B (in quadruplet)
- Original Transfer Deed
- Share Certificate
- Company Objection Memo or Certified copy of the memo.
- In case of fake/forged/stolen/missing shares, all documents
as given in SEBI Good/Bad Delivery guidelines no. 108/109. (as per Annexure C)
- Two sets of photo copies of the documents mentioned in point
2 above are required to be submitted at the time of reporting of objection. One copy of
this set will be retained by the BDC of last exchange. The second set alongwith the
original documents will be forwarded to BDC of first exchange.
- All above documents are required to be lodged with the BDC
of last exchange in a sealed plastic pouch. The original documents alongwith one set of
photocopies should be enclosed in one pouch, while the second set of photocopies should be
enclosed in a separate pouch. An additional copy (fourth copy) of Form BDC-1B will be
attached outside the pouch containing the second set of photocopies.
- The BDC of last exchange will give a subject to
verification/counting acknowledgement to the introducing member of the last exchange on
the fourth copy of Form BDC-1B by affixing a rubber stamp.
- The BDC of the last exchange will retain the pouch
containing one set of photocopies for its records, while the pouch containing the original
documents and one set of photocopies will be forwarded to the BDC of the first exchange
after verification of the objections.
- The member is required to report objections pertaining to
shares of different companies and different first introducing member in separate forms and
in separate pouches. (i.e. each pouch shall contain one objection pertaining to one
company and one introducing member.)
- The BDC of last exchange will affix a unique serial number
called the BDC inward number on Form BDC-1B. The BDC inward no. will be an eight digit
reference serial no. The first two digits will be the exchange code of the last exchange
followed by a six digit serial number. All future communications pertaining to an
objection should be done by using the BDC Inward No. as the reference number.
- The BDC of last exchange will verify/count the documents
enclosed by the member. If the contents of the pouch are not in order the same will be
returned to the last introducing member.
- The BDC of the last exchange will sort all the objections
received, in the order of the first introducing exchange. All objections pertaining to the
first introducing exchange will be sent in one parcel to the first introducing exchange
alongwith a list of all objections enclosed.
- The BDC of the last exchange will forward the pouch
containing the objections (alongwith original transfer deed, share certificate, company
objection memo, other documents and one set of photocopies of all the documents) to the
BDC of the first exchange within 7 days of receipt of such objections.
- The BDC of the first exchange will verify/count the contents
of the pouch received from the BDC of the last exchange before handing over the same to
the introducing member of the first exchange.
- The BDC of first exchange will hand over the objection to
the introducing member of the first exchange on the day specified by the exchange (as per
the objection schedule followed by the exchange). The BDC of the first exchange will
retain the second set of photocopies for its reference after obtaining an acknowledgement
on the copy of Form BDC-1B from the introducing member of the first exchange. The
introducing member of the first exchange is required to rectify/replace the shares within
21 days of receipt of share under objection. If the introducing member fails to
rectify/replace the shares within 21 days, the first exchange will close-out the share
without going through the auction process. (see close out procedures).
- The introducing member of the first exchange will enclose
the following documents while rectifying/replacing the shares under objection.
- Prescribed Form BDC-2B (four copies)
- Rectified/replaced shares
- Benefits (if any) due
- Copy of Form BDC-1B
- Copy of the company objection memo
- Demand draft for value of transfer stamps or benefits
The introducing member of first exchange will hand over the
documents mentioned in point 15 above in a plastic pouch on the rectification day to the
BDC of the first exchange. The BDC of the first exchange will return one copy of Form
BDC-2B to the introducing member after giving a subject to verification/counting
acknowledgement by affixing a rubber stamp on Form BDC-2B. Once copy of Form BDC-2B will
be retained by the first exchange and the rectified documents alongwith third and fourth
copies of Form BDC-2B will be returned to the BDC of the last exchange.
- BDC of first exchange will verify all the documents and
return the rectified/replaced shares/demand draft and corporate benefits back to BDC of
last exchange within 7 days of rectification/replacement.
- BDC of last exchange will hand over the rectified/replaced
shares/demand draft for transfer stamps/close-out amount and corporate benefits back to
introducing member of last exchange after verification.
- The introducing member of the last exchange will duly
acknowledge the rectified shares received by affixing the rubber stamp on the copy of Form
BDC-2B retained by BDC of last exchange.
- The demand draft shall be in favour of the introducing
member of the last exchange.
- If the introducing member of the first exchange fails to
rectify/replace the shares under objection by the prescribed rectification day the first
exchange will close-out the shares without going through the auction process. (see close
out procedure)
- In case of close-out by the exchange, the BDC of the first
exchange will have to collect the demand draft from the introducing member of first
exchange, in favour of the introducing member of the last exchange and forward the same to
the BDC of the last exchange.
2.2 Incorrect reporting of Company
Objections
- If the introducing member of the first exchange finds
that the objection has been wrongly reported, the member should report the invalid
objection by submitting form BDC-3B in quadruplet alongwith a copy of the form BDC-1B. The
shares received under objection alongwith form BDC-3B should be handed over to BDC of
first exchange.
- The introducing member of the first exchange is required to
report such cases to the BDC of the first exchange within a period of 7 days from the date
of receipt of such objections, failing which it will be understood that the first
introducing member has accepted the objections/corporate benefits reported against him and
will be required to rectify/replace the shares by the rectification day or else the
exchange will close-out the shares as per the close out procedure.
- BDC of first exchange will verify the validity of the
objections and return the shares back to BDC of last exchange who in turn will again
verify and hand over the shares to the introducing member of the last exchange alongwith a
copy of the form BDC-3B and 1B.
- In case of invalid claim of Corporate Benefits the
introducing member must report such cases to the BDC of the First Exchange by submitting
form BDC-3B in quadruplet alongwith a copy of form BDC-1B within 7 days of receipt of the
claims. In such cases the introducing member of first exchange shall retain the shares and
rectify the same within the stipulated time. The BDC of the first exchange will verify
that the claim for Corporate Benefit is invalid before forwarding the forms BDC-3B and 1B
only to the BDC of the last exchange.
2.3 Non rectification of shares or Bad
delivery of rectified/replaced shares submitted Under Objection.
- If the introducing member of the last exchange finds
that the shares received by way of rectification or replacement are not correctly
rectified or the shares are bad delivery, the member is required to report such cases in
the prescribed form BDC-4B (in quadruplet) to the BDC of the last exchange alongwith a
copy of Form BDC-1B and 2B within 48 hours of receipt of such shares.
- If the introducing member of last exchange finds that the
benefits claimed are not correctly rectified then the introducing member should accept the
rectified shares and report only the non-rectified benefits claim to the BDC of the last
exchange.
- The BDC of the last exchange will verify these
shares/benefits and if the shares/benefits are genuinely found to be bad delivery then the
BDC of the last exchange will report such cases to the BDC of the first exchange within a
period of 7 days from reporting of such cases. The BDC of the first exchange will verify
the claims and in case of valid claims, close-out such cases as per close out procedures.
The introducing member will be intimated that the deal is being closed out and that his
account will be debited accordingly. The intimation will contain full details regarding
the close out.
2.4 Second time objections.
- If the rectified/replaced shares are again returned
under objection by the company such shares will be deemed as "Second time
objections".
- The introducing member of the last exchange will report the
shares under second time objection to the BDC of the last exchange in the form for Second
Time objections. The form for such objections will be of the same format as that of form
BDC-1B but the form will be of a different colour (pink colour) and the words "Second
time objection" will be written in bold on the top of the form.
- The following documents are required for reporting second
time objections.
- Transfer deed and share certificates returned by the company
- Company objection memo
- Second Time Objection form (in quadruplet)
- A copy of form BDC-1B and 2B which have been used for
reporting the first time objection.
- The documents mentioned in point 3 above are required to be
submitted in a plastic pouch.
- The BDC of the last exchange will forward the shares under
second time company objections to the BDC of the first exchange. The BDC of the first
exchange will, on receipt of second time company objection close-out such shares as per
the close out procedures and forward the demand draft for the close-out amount to the BDC
of the last exchange who will in turn forward the same to the introducing member of last
exchange.
2.5 Close Out Procedures
In case the introducing member of first
exchange fails to rectify/replace the shares within the stipulated time, the first
exchange will directly close out the shares. The introducing member of first exchange will
be debited with the amount and the Demand Draft for the close out amount will be forwarded
by the BDC of the first exchange to the BDC of the Last Exchange who will in turn hand
over the same to the introducing member of the last exchange.
In case the shares are not available in the
auction conducted, the deal would be closed out at the
- highest of six months price or highest of ex-date price on
the last exchange, whichever is later OR
- 20% over the closing price on the last rectification day
whichever is higher.
In such cases, the introducing member of
first exchange is required to forward a demand draft equivalent to the close-out amount to
the BDC of the first exchange in favour of the introducing member of the last exchange.
In case the introducing member of first
exchange fails to forward a demand draft to the BDC, the exchange will initiate action
against the member as per rules and regulations of the exchange.
2.6 Corporate Benefits
- Members are required to claim corporate benefits while
submitting the shares for company objection in form BDC-1B. Once the claim for benefits
has been made by a member, the member cannot refuse to accept the corporate benefits.
- If the market rate of the corporate benefit is less than the
cost of procurement of the benefit then such benefit will not be taken up for settlement.
- If the member is not in a position to submit the corporate
benefit in the form of shares then he should submit a demand draft as per the valuation
given in Annexure- alongwith form BDC-2B.
- Rectified company objections will be accepted by the BDC of
the first exchange only if they are accompanied with the corporate benefits (either in the
form of shares or equivalent value in the form of demand draft in favour of the
introducing member of last exchange) claimed as per form BDC-1B.
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