| Procedure For Handling
Local Exchange Objections Procedure to be
followed by the Member for reporting Local Exchange Objections to the BDC of the local
exchange
The shares under objection are required to be lodged by the
receiving member of the local exchange with the BDC of the local exchange in the
prescribed form BDC-1A. Claims for corporate benefits (if any) should also be made in form
BDC-1A. Members will be required to report such objections to the exchange on the days
specified by the exchange (see schedule)
- The following documents are required to be enclosed.
- Form BDC-1A in triplicate
- Original Transfer Deed
- Share Certificate
- Original Company Objection Memo or Certified copy of the
memo.
- In case of fake/forge/stolen/missing shares, all documents
as given in SEBI Good/Bad Delivery guidelines no. 108/109. (as per annexure-C)
- All the documents as given in point 2 are required to be
lodged by the receiving member of the local exchange with the BDC of the local exchange in
a sealed plastic pouch. Form BDC-1A is required to be submitted in triplicate, of which
one copy should be attached on the pouch, and the remaining two copies should be attached
to the documents and placed inside the pouch.
- The local exchange will give an acknowledgement to the
receiving member on the third copy of Form BDC-1A which is attached outside the pouch.
This acknowledgement will be given by using a rubber stamp and will bear the words
"subject to verification/counting".
- The BDC of the local exchange will retain one copy of Form
BDC-1A for its records, while the copy of Form BDC-1A attached to the documents will be
handed over to the introducing member of the last exchange.
- If all the shares (pertaining to the same company), have
been introduced by the same introducing member, then the receiving member must report this
as one objection (i.e. in one form BDC-1A). On the other hand, if the shares have been
introduced in the local exchange by more than one introducing member, then the receiving
member must report the objections separately for each introducing member using a separate
form BDC-1A and in separate pouches.
- The BDC of the local exchange will alot a unique serial
number (BDC Inward No.) to each objection case reported by the receiving member.
- The BDC of local 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 receiving member of the exchange.
- a) In the event that the BDC is not equipped to carry out
the verification/counting the BDC will sort the documents introducing memberwise and
handover the documents to the introducing member within 24 hours of receipt of such
objections.
b) The introducing member will count the
securities on the counter and give an acknowledgement to the BDC for the number of
securities received. The verification for the correctness of the objection will be done
later. During the process of verification, if the introducing member, finds that the
objection is incorrect, he will return the objection to the BDC within 7 days alongwith
form BDC-3A. The BDC will give an acknowledgement on form BDC-3A to the introducing
member.
c) If the BDC is satisfied with the claim of the introducing member regarding the
invalidity of the objection, then the documents will be returned to the receiving member.
If the BDC finds that the objection is valid then the introducing member will be required
to accept and rectify the objection.
- The BDC of the local exchange will sort all the objections
received, in the order of introducing member.
- The BDC of the local exchange will forward the pouch
containing the objections to the introducing member of the exchange within 3 days of
receipt of such objections. The introducing member will acknowledge the receipt of such
objections by affixing his rubber stamp and initials on the copy of Form BDC-1A retained
by the exchange. The BDC will stamp the date by which the shares are to be rectified or
replaced by the introducing member (i.e. 21 days). The stamp will be put on form BDC-1A/1B
in a different colour while giving acknowledgement copy to the introducing member.
- The first introducing member is required to rectify/replace
the shares within 21 days. If the introducing member fails to rectify/replace the shares
within 21 days, the local exchange will close out the transaction without going through
the auction process. (see close-out procedures)
- The first introducing member will enclose the following
documents while rectifying/replacing the shares under objection.
- Prescribed form BDC-2A in triplicate
- Rectified/replaced shares
- Benefits (if any) due
- Copy of form BDC-1A
- Copy of the company objection memo
- Cheque for value of transfer stamps or corporate benefits
The introducing member of the exchange will hand over the
documents mentioned in point 12 above in a plastic pouch on the rectification day to the
BDC of the last exchange. The BDC of the local exchange will return one copy of form
BDC-2A to the introducing member after acknowledging the receipt of rectified shares by
affixing a rubber stamp bearing the words "subject to verification/counting".
One copy of Form BDC-2A will be retained by the local exchange and the last copy of Form
BDC-2A alongwith the rectified documents will be returned to the receiving member of the
local exchange.
- The cheque shall be in favour of the receiving member who
has reported this objection to the BDC of the local exchange for rectification.
- The BDC of the local exchange will hand over the
rectified/replaced shares/cheque and corporate benefits back to the receiving member of
the local exchange within 7 days of the rectification day.
- If the introducing member of the exchange fails to
rectify/replace the shares under objection by the prescribed rectification day the
exchange will close the transaction without conducting any auction. (see close-out
procedures)
Incorrect reporting of Company Objections
- If the introducing member of the local exchange finds that
the objection/corporate benefits has been wrongly reported against him, the member should
report such cases to the BDC of the local exchange by filling in form BDC-3A alongwith a
copy of the form BDC-1A. The shares received under objection alongwith form BDC-3A should
be handed over to the BDC of the local exchange.
- The introducing member of the local exchange is required to
report such cases to the BDC of the local exchange within a period of 7 days from the date
of receipt of such objections, failing which it will be understood that the 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 exchange procedures.
- The BDC of the local exchange will return the shares wrongly
reported as objection back to the receiving member of the last exchange.
- In case of invalid claim of Corporate Benefits the
introducing member must submit only the form BDC-3A duly authorised by the BDC official
(Verification Officer) of the Exchange alongwith a copy of form BDC-1A. In such cases the
introducing member shall retain the shares and rectify the same within the stipulated
time. The BDC of the exchange will verify that the claim for Corporate Benefit is invalid
before authorising the claim as invalid. After authorising that the claim is invalid, the
BDC of the local exchange will forward one copy of form BDC-3A to the receiving member.
Non rectification of Shares or Bad delivery of
rectified/replaced shares submitted Under Objection.
- If the receiving Member of the exchange finds that the
shares received by way of rectification or replacement are not correctly rectified or the
shares are bad delivery, the receiving member is required to report such cases in
prescribed form BDC-4A (in triplicate) to the BDC of the local exchange alongwith a copy
of Form BDC-1A and 2A within 48 hours of receipt of such shares.
- If the receiving member finds that the benefits claimed are
not correctly rectified then the receiving member should accept the rectified shares and
report only the non-rectified benefits claim to the BDC of the local exchange.
- The BDC of the local exchange will verify these
shares/benefits and if the shares/benefits are genuinely found to be bad delivery then the
exchange will close-out such cases as per exchange 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.
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 receiving member of the local exchange will report the
shares under second time objection to the BDC of the local exchange in the form for second
time objections. Form for Second Time Objections will be in the same format as BDC-1A/1B
but will be of a different colour (pink colour) and have the words "SECOND TIME
OBJECTION" written in bold on the top of the form.
The following documents are required for reporting second
time objections.
- Fresh copy of form for second Time objections (in
triplicate)
- Transfer deed and share certificates returned by the company
- Company objection memo
- A copy of Form BDC-1A and 2A 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.
- All the Second Time objections will be straightaway closed
out. (see close out procedures)
Close Out Procedures
In case the introducing member fails to
rectify/replace the shares within the stipulated time the deal will be closed out at the
following price:
- Highest of six months price or highest of ex-date price,
whichever is later OR
- 20% over the closing price on the last rectification day
whichever is higher
In such cases, the introducing member is
required to forward a cheque equivalent to the close-out amount and the benefits claim
amount (if any) to the BDC of the local exchange in favour of the receiving member of the
last exchange.
Corporate Benefits
- Members are required to claim corporate benefits while
submitting the shares for company objection in form BDC-1A. 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 cheque as per the valuation given in
annexure-A alongwith form BDC-2A.
- Rectified company objections will be accepted by the BDC of
the local exchange only if they are accompanied with the corporate benefits (either in the
form of shares or equivalent value in the form of cheque in favour of the receiving
member) claimed as per form BDC-1A.
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