SlideShare a Scribd company logo
1 of 84
DEPOSITORY PARTICIPANTS
AUDIT
BY SAMRISH BHANJA(FCS, LLB)
MANAGING PARTNER,
B SAMRISH & CO

B Samrish & Co.
INTRODUCTION & HISTORICAL
BACKGROUND

B Samrish & Co.
INTRODUCTION & HISTORICAL BACKGROUND

 In the past when there was just a handful of investors the system of

settlement based on physical delivery of paper certificates was
probably adequate
 But with the increase in number of listed entities the clearing and

settlement mechanisms had been encumbered by the huge volumes

of paperwork related to processing of share certificates.
 Need for the introduction of scripless was felt for the settlement to

improve the efficiency of the markets and eliminate various problems
brought about by dealing in physical certificates.
 Thus

The Depositories Act was passed by both the Houses of

Parliament in August, 1996.

B Samrish & Co.
CONCEPT OF DEPOSITORY SYSTEM
 According to section 2(e) of the Depositories Act, 1996, ―Depository

means a company formed and registered under the Companies Act, 1956

and which has been granted a certificate of registration under section
12(1A) of the Securities and Exchange Board of India Act, 1992‖.



A Depository Participant (DP) is an agent appointed by the Depository i.e.

—National Securities Depository Ltd (NSDL) and/or Central Depository
Services Ltd (CDSL) and is authorized to offer depository services to all
investors. An investor has to open his account through a DP only. Thus,
the DP is basically the interface between the investor and the Depository.

PNB is a DP of both Depositories (NSDL as well as CDSL.).

B Samrish & Co.
The Depositories Act, 1996
The depositories legislation as per the Statement of Objects and Reasons appended to
the Depositories Act, 1996 aims at providing for:


A legal basis for establishment of depositories to conduct the task of maintenance
of ownership records of securities and effect changes in ownership records through
book entry;



Dematerilisation of securities in the depositories mode as well as giving option to
an investor to choose between holding securities in physical mode and holding
securities in a dematerialized form in a depository;



Making the securities fungible;



Making the shares, debentures and any interest thereon of a public limited
company freely transferable; and



Exempting all transfers of shares within a depository from stamp duty.

B Samrish & Co.
CONSTITUENTS OF DEPOSITORY SYSTEM

There are basically four participant:
 The Depository
 The Depository Participant
 The Issuing Company

 The Investor

B Samrish & Co.
WHO IS DEPOSITORY?


Depository facilitates holding of securities in the electronic form and enables
securities transactions to be processed by book entry by a Depository Participant (DP),
who as an agent of the depository, offers depository services to investors



As per SEBI: A depository is an organisation which holds securities (like shares,
debentures, bonds, government securities, mutual fund units etc.) of investors in
electronic

form at the request of the investors through a registered depository

participant. It also provides services related to transactions in securities.


As per CDSL: A "Depository" is a facility for holding securities, which enables
securities transactions to be processed by book entry. To achieve this purpose, the
depository may immobilize the securities or dematerialise them (so that they exist
only as electronic records).India has chosen the dematerialisation route. In India, a
depository is an organisation, which holds the beneficial owner's securities in
electronic form, through a registered Depository Participant (DP). A depository
functions somewhat similar to a commercial bank. To avail of the services offered by
a depository, the investor has to open an account with a registered DP
B Samrish & Co.
FEATURES OF DEPOSITORY SYSTEM IN INDIA

1.

In the depository system, the apex body is the Depository..

2.

A depository can be compared with a bank

3.

Depository services through depository participants.

4.

Fungibility

5.

Registered Owner/ Beneficial Owner (two types of owner)

B Samrish & Co.
A BANK-DEPOSITORY ANALOGY

BANK

DEPOSITORY

Holds funds in an account on behalf Holds securities in an account on
of a customer
behalf of an investor.
Transfer funds between accounts on Transfer securities between accounts
the instruction of the account holder. on the instruction of the account
holder.
Physical handling of funds is avoided.

Physical handling
avoided.

Provides safe custody of fund

Provides safe custody of securities.

B Samrish & Co.

of

securities

is
WHO IS DEPOSITORY PARTICIPANT:

 A Depository Participant (DP) is an agent of the depository through

which it interfaces with an investor.
 A

DP can offer depository services only after it gets proper

registration from SEBI.
 A DP is just like a Branch of a Bank.

B Samrish & Co.
DEPOSITORY PARTICIPANT

B Samrish & Co.
WHO CAN BE DEPOSITORY PARTICIPANT?
In terms of the Depositories Act, 1996, SEBI (Depositories & Participants)
Regulations,1996, only the following entities are eligible to become a
Depository Participant:

 Financial Institutions,
 Banks, including approved foreign bank
 Custodians,
 Stockbrokers,
 A clearing corporation or a clearing house of a stock exchange
 A non-banking finance company,
 A registrar to an issue or share transfer agent

B Samrish & Co.
SUBMISSION OF REPORTS
& DOCUMENTS

B Samrish & Co.
INTERNAL AUDIT AND CONCURRENT AUDIT OF OPERATIONS OF
DEPOSITORY PARTICIPANTS


The two Depository service providers in India, viz., National Securities Depository Ltd.
(NSDL) and Central Depository Services (India) Limited (CDSL) have allowed Company

Secretaries in Whole-time Practice to undertake internal / concurrent audit of the
operations of Depository Participants (DPs).

Report/ Document

Frequency

Due date

To be submitted
By

Internal audit report

Half yearly

15th May &
15th November

Main & branch DP

Report of Concurrent audit of risk
prone areas

Half yearly

Along with internal
audit report

Main & branch DP

BO grievance report- (format Comm. Monthly
1529 & for soft Comm. 1720)

10th of next month

Main DP (include
branch report

Compliance report for Internal audit/
Inspection

within 30 days

Main / branch DP

B Samrish & Co.
SCOPE OF AUDIT

B Samrish & Co.
SCOPE OF AUDIT
The scope of Internal Audit was to verify the transactions executed in DP and to
assess whether the operations of the DP are in accordance with the Regulatory
requirements. The said assignment to be carried out as per the requirement of
Depository Act, 1996, SEBI (Depository & Participants) Regulation, 1996, NSDL Byelaws and the agreements with the clients and NSDL.


Audit of Organisational Structure :



Audit of DPM Operations :



Audit of Account opening procedures :



Audit of Demat request :



Audit of Delivery Instructions :



Back office software :



Account closure initiated by the participant;



Investor grievances received by the participant;



Power of attorney modifications;



Providing transactions statements to clients.
B Samrish & Co.
ACCOUNT OPENING

B Samrish & Co.
ACCOUNT OPENING











Whether proof of identity and residence is collected as per NSDL
requirements. (Circular No. NSDL/PI/2000/1394 dated April 09, 2000)
Whether necessary documents are collected from clients such as
corporates, NRIs, OCBs, FIIs, etc.
Whether necessary documents are collected from Speed-e users at the
time of opening Speed-e account, resetting password, adding prenotified accounts, etc.
Whether the procedure for dispatch of the smart card and the PIN (in
case of Speed-e users) is diligently followed by the DP, i.e., sending the
smart card and the PIN separately.
Whether DP has maintained the records in its internal database with
respect to details of Speed-e application forms as per NSDL
requirements.
Whether an agreement is executed with every client.
Whether the client is given copy of the agreement and the schedule of
B Samrish & Co.
charges.
ACCOUNT OPENING: BASIC
INSPECTION
 Whether the client signature has been appropriately stored in physical form and

scanned into the system.
 Whether the data entry in the system is strictly and completely in accordance

with the information furnished by the client in the account opening form and as
per NSDL requirements.
 Whether there is adequate mechanism to ensure that all the account opening

forms accepted are in fact entered in the DPM system and the client is given the
client ID only after account comes in „Active‟ status. (Circular No.
NSDL/PI/98/583 dated November 18, 1998)
 Whether there is a mechanism in place to ensure that the changes in the

demographic details are updated in the DPM system (say, for change of
address, etc.) based on proper authorisation and only after collecting new proof
of address from the client.
 Whether the procedure followed for opening the accounts and servicing illiterate

person followed as per NSDL requirements. (Circular No. NSDL/PI/2000/0709
dated May 03, 2002)
 Whether any supplementary agreement/ letter of confirmation, etc. is executed

in addition to standard DPB Samrish & Co.
Client agreement.
ACCOUNT OPENING: AGREEMENTS TO BE
EXECUTED
Every participant shall enter into an agreement with a beneficial owner before
acting as a participant on his behalf.
 Agreement to be executed before opening an account
 Agreement to be executed under stamp & signature of DP
 Printed agreement with printed name of DP and signed
 Agreement not produced for verification at the time of inspection

 Account to be opened based on Account Opening Form
 Single form for multiple accounts of same exchange for a CM
 To be in specified format as per Bye laws (new clauses as per comm. 1597 )
 Agreements to be signed by both the parties
 Witness for DP and BO required

B Samrish & Co.
ACCOUNT OPENING : PROOFS
 Proof of Identity
 Proof of Address
 Proof for bank details

Observations:
 No POI
 PANCARD given does not match. Any other POI obtained if PANCARD

is not there or it mismatches.

 Comment whether the account is freezed for debit, if no PANCARD or

it mismatches

 Non-compliance pointed should be as per SEBI guidelines only

 Bank statement obtained as proof of address(comm.807,967)

B Samrish & Co.
ACCOUNT OPENING : In person verification


SEBI Circular SEBI/MIRSD/Cir. No. 02/2010 dated January 18, 2010



‗In Person‘ Verification done for opening beneficial owner‘s account by a Depository
Participant (DP) will hold good for opening trading account by a stock broker and vice versa,



‗In Person verification is mandatory and to be done before activation of the account



DPs to do In Person verification of the applicants at the time of opening of demat accounts



Authorized official of DP should personally verify the photograph(s) affixed on the AOF and
proof of identity document



DP to affix a stamp ―In Person verified ―on proof of identity document having verified ‗in
person‘



Also required to verify valid original proof of identity documents with the copies and affix
―verified with originals‖ stamp



Authorized official doing in person verification and verification of documents with original
should sign under the DP stamp

B Samrish & Co.
ACCOUNT OPENING: KNOW YOUR CLIENT
NORMS
Applicability of KYC Requirements & KRA Regulations
 SEBI Circular No. MIRSD/SE/Cir-21/2012/0017 2011 dated October 5,

2011 & SEBI‟s Circular No. MIRSD/Cir- 26 /2011 dated December 23,
2011
 The KRA system shall be applicable for all new Client accounts opened

from January 1, 2012.
 An intermediary shall perform the initial KYC of its clients and upload

the details on the system of the KRA.
KYC verification
 „Verified with Original‟ stamp
 „Verified in –person‟ stamp
 In person verification by stock broker holding or subsidiary company.
 “Web Camera” allowed
 Signature of DP official under DP stamp
 Self Attestation of KYC documents.
B Samrish & Co.
ACCOUNT OPENING

Methodology
 Type of documents
 Validity of documents
 Signature of DP official and stamp
 Stamp of In Person verified and verified with original affixed on

a valid POI document (SEBI specified) and signed by the
authorized official of the DP under DP stamp
 Verify with the documents that only authorized official of DP

has signed, check the authority of the person doing the same

B Samrish & Co.
ACCOUNT OPENING : Additional Documents
Additional Documents to be collected from different type of BOs(comm.887,932)
Body Corporate & Corporate CM :



Certificate of Incorporation
POA- Document registered with registering authority or bank statement or agreement for sale or
leave license agreement or acknowledged copy of income tax return

OCB:


Declaration from the OCB that it meets with the guidelines issued by RBI/Ministry of finance



Certificate from overseas auditors in form OAC-1



Statement of A/c from the bank

Registered Society:


POA –Document registered with registering authority or bank statement or agreement for sale or
leave license agreement or acknowledged copy of income tax return



Certificate of Incorporation or copy of RBI registration certificate in case of scheduled/cooperative banks



POA -Proof of address – document registered with registering authority / agreement for sale/
leave and license agreement / acknowledged copy of income tax return

Banks

Mutual funds


SEBI Registration Certificate clearly indicating the address of the mutual fund

B Samrish & Co.
ACCOUNT OPENING : Additional Documents
Additional Documents to be collected from different type of BOs(comm.887,932)
Public Trust /Charitable Trust and trust capable of holding property in its name (Registered
Trust /Public trust)


Certificate of Registration of Trust under the Public Trust Act 1950/Public trust Act of relevant state
or Societies Registration Act,1860



PANCARD of trust



Proof of address



Proof of registered office address evidenced by document registered with registering authority or
bank statement or agreement for sale or leave license agreement or acknowledgement copy of
income tax return

Recognized Funds/trusts /other Similar entities









Categories :Employees PF, recognized by PF commissioner under PF Act, 1952,employees Gratuity
fund under payment of gratuity act,1972,superannuation fund formed under guidelines issued by
income tax dept., venture capital funds registered with SEBI,ESOP trust formed pursuant to SEBI
guidelines
Accounts of the above Funds/trusts /other Similar entities should be opened as they are recognized
either with Income tax Act or SEBI
Documents :
Certificate of registration
Trust deed and rules and/or charter defining their constitution and providing for management thereof
List of members on the Board of trustees/Governing body
Certified true copy of resolution passed by Board of trustees/Governing body

B Samrish & Co.
ACCOUNT OPENING : AUTHORISED SIGNATORIES & NOMINATIONS
Authorized signatories
 Names of the authorized signatories, designation and their specimen
signatures duly verified by the managing trustee
 One passport-size photograph of all authorized signatories with signature
across photograph
 PAN card of Fund/Trust/Entity
 POA of registered office address evidenced by document registered with
registering authority or bank statement or agreement for sale or leave
license agreement or acknowledgement copy of Income Tax return
Nomination
 Nomination form signed by all joint holders
 Only individuals to appoint nominees and be appointed as nominee
 A minor, represented by guardian, can be appointed as nominee
 Two witness to sign the nomination form
 Nomination register to be maintained
 Nomination registration number ( as per register) to be noted on the
nomination form
 Details to be captured in CDAS
B Samrish & Co.
 Signatures of all joint holders to be scanned
HUF a/c
 Karta to sign under the stamp of HUF
Corporate / CM A/c
 Mode of Operations to be specified & captured in system.
 Signature of Power of Attorney Holders to be scanned

 Financial details and nature of business to be





obtained
Photographs to be pasted & not stapled
Signature across photograph
Details of AOF to be correctly entered in CDAS
POI & POA in foreign language – translation in
B Samrish & Co.
English required.
ACCOUNT MODIFICATION

B Samrish & Co.
ACCOUNT MODIFICATION

Bank details


Obtaining of bank details and proof made mandatory(comm.887)

 Proof of bank account details :
 Photocopy of cancelled cheque having name of the account holder
 Photocopy of bank statement having name and address of the BO and not

more than 4 months old
 Photocopy of bank passbook having name and address of the BO
 Letter from bank

Address
 Individuals
 Proof of address - verified with original by DP official
 Corporate
 Certified true copy of Form 23

 Latest transaction statement received from the DP
 Verified with original
 Confirmation letter to be sent to BO at old as well as new address

B Samrish & Co.
ACCOUNT MODIFICATION

Change in signature of the BO
Individuals
Reason for change of signature
BO to visit personally with valid proof of identity
BO to affix new signature in the presence of a DP official
If BO cannot come personally
Modification form / letter to contain old and new signature

New signature – attested by the BO‘s banker

 Corporates
 Certified true copy of Board Resolution

 Fresh list of authorized signatories
 Bank – a letter on the letter head of the bank

B Samrish & Co.
ACCOUNT MODIFICATION

Letters confirming modification
 To maintain the hard copies or soft copies of letters

along with proof of dispatch. If sent in electronic
form, provisions of the Information Technology Act,
2000 to be complied with.(comm. 1962 dt.
16.04.2010).

B Samrish & Co.
DEMATERIALIZATION & REMATERIALIZATION

B Samrish & Co.
DEMATERIALIZATION & REMATERIALIZATION
 Any person who has entered into an agreement under section 5

shall surrender the certificate of security, for which he seeks to

avail the services of a depository, to the issuer in such manner
as may be specified by the regulations.
 The issuer, on receipt of certificate of security under sub- section

(1), shall cancel the certificate of security and substitute in its
records the name of the depository as a registered owner in
respect of that security and inform the depository accordingly.
 A depository shall, on receipt of information under sub-section

(2), enter the name of the person referred to sub-section (1) in its
records, as the beneficial owner.
B Samrish & Co.
DEMATERIALIZATION & REMATERIALIZATION
 Date of receipt stamp to be affixed on DRF when received from

BO.
 To be sent to Issuer  RTA within 7 days of receipt
 Rejections to be analysed.
 Rejected certificates to be sent to BO within 7 days of receipt.

 PODs to be maintained.
 Follow-up with RTA to be done
 For pending Demat &Remat

 For non receipt of documents within 30 days of rejection date.
 For physical securities lost in transit
B Samrish & Co.
DISCREPANCIES OBSERVED IN INSPECTION REPORTS
 Whether Demat request received from BOs are sent to the






issuer/RTA within seven days- As informed by the DP.
In case of demat rejection –whether there is a system in place to
analyze the demat rejection
Details of dispatch maintained by the DP – Date of dispatch is not
mentioned.
The procedure to affix a stamp "surrendered for dematerialization
along with DP name, DP ID and BO ID" on the certificates
submitted for demat is not followed while processing some demat
requests.
The time limits prescribed for processing of demat requests
received from BOs are not adhered to in all cases.

B Samrish & Co.
DELIVERY INSTRUCTION SLIPS

B Samrish & Co.
DELIVERY INSTRUCTION SLIPS : ISSUE

Proper inventory management
 – Reconciliation
 – Maintenance of stock & issue register
First Issue
 – Proof of dispatch to be maintained
 – Should not be handed over to representative of BO
 – If handed over to BO – sign of BO maintained
Subsequent Issue
 – On the basis of requisition slips
 – Dispatch of DIS booklet, POD to be kept on record.
B Samrish & Co.
DELIVERY INSTRUCTION SLIPS : PROCESSING
 Instruction slip serial number to be checked against issue












details.
Signatures of all BOs obtained / as per mode of operations .
Date and time of receipt stamp affixed.
Maker-checker concept followed.
POA executed by CM settlement purpose.
DIS signed by the POA holder (Authorized person) has to be
kept on record in case of Transactions executed on the
basis of POA.
Verifier for slips with value more than 5 lakhs. Two step
verification. (Comm. 2487).
Debits in dormant accounts - Two step verification. (Comm.
2487).
Fax Transactions - Original DIS has to be obtained within 3
working.
B Samrish & Co.
Execution of transactions based on receipt of digitally-
DELIVERY INSTRUCTION SLIPS : Areas of concern

 Issuance Of DIS booklet
 Misuse of DIS booklets
 All rights with one person – especially in branches
 Issue of DIS booklets without requisition slips
 Blank signed DIS accepted at DP’s office
 Reconciliation with broking back office
 High value transaction verification
 Execution of transaction in dormant account

B Samrish & Co.
ACCOUNT CLOSURE

B Samrish & Co.
ACCOUNT CLOSURE

 Closure initiated by BO

 Closure initiated by DP

B Samrish & Co.
Initiated by BO
 Duly filled ACF/Letter from BO
 Signatures of all BOs

 In case of transfer of holdings –
 Duly filled in instruction slip


Transaction statement for the quarter
 Account closed / to be closed
 Proof of despatch
 Final statement of account showing zero balance

B Samrish & Co.
Initiated by BO
 Power of Attorney holder cannot close
 Procedure for transfer to be initiated within 2 days from date of

receipt

B Samrish & Co.
Initiated by BO


Closure with pending demat
 Non responding issuers / RTAs

 BO to submit
 A letter in prescribed format requesting rejection
 A letter giving details of DRN details duly signed and

stamped by the DP
 DP to follow up with Issuer?RTA for rejection

B Samrish & Co.
Withdrawal of DP


Option to BOs
 Transfer to another DP

 Rematerialise

B Samrish & Co.
Shifting of account
 New account in the same order of names
 Documents to be submitted

 ACF
 Instruction slip – duly filled
 Unused debit instruction slips
 Client master report – stamped and signed by new DP

 Verification of names and order of names

B Samrish & Co.
Initiated by DP


Reasons such as : Non payment of dues

 Violation of agreement with the DP
 Transfer to another DP/ Main DP due to closure of branch /

Main DP
 Notice of 30 days specifying the reasons

 Proof of despatch and copy of the notcie to be maintained
 No response – DP can initiate
 Transaction statement – as per ‗closure initiated by BOs‘

B Samrish & Co.
Delivery Instruction Slips

B Samrish & Co.
New Arrivals
 Communiqué no. 846- Safeguards regarding issuance/ use/

execution of DIS and booklets

 Issue only one booklet containing not more than 20 slips for

individual account holder and not more than 100 slips for nonindividual account holder, at a time.

 In case of the booklet reported lost/ stolen/ not traceable by the

BO, the unused DIS of the said booklet must be cancelled.

 Subsequent issue of DIS booklet to the BO should be only after

BO has used not less than 75% of the slips contained in the
previous DIS booklet

B Samrish & Co.
New Arrivals
 Not to issue more than 10 loose DIS to one BO in a financial year

(April to March).

 The loose DIS should be signed in the presence of an authorised

DP official.

 DP should mandatorily verify with the BO before acting upon the

DIS , in case of dormant account whenever all the ISIN are
transferred at a time.

 To record the details of the process, date & time of verification

(on DIS under his sign) of the transaction where BO has 5 or more
ISINs and all such ISINs are transferred at a time.

B Samrish & Co.
New Arrivals
Communiqué no. 847- Future-dated transactions
 DPs were instructed to exercise care while entering future-dated

transactions so as to prevent error, especially in the future date
of the transaction as transaction with execution date greater than
10 days from the date of entry/ upload on the CDSL system will
fail.

B Samrish & Co.
New Arrivals

Communiqué no. 884 dated 27.04.2007 – Cautionary note in
delivery instruction slip:
 ―Blank & Signed DIS should not be left with your DP/ Broker‖-

Rider should be added to DIS.

 As and when new stock are ordered.

B Samrish & Co.
Common violations in DP operations
 1.

The inventory control mechanism for instruction slip booklets
is not proper.

 2.

Physical inventory of instruction slip booklets is not tallied
with the inventory records at prescribed intervals.

 3.

Some of the DIS issued to BOs do not have pre-stamped BO
ID and/or pre-printed serial number.



B Samrish & Co.
Common violations in DP operations


4.
Some delivery instruction booklets are issued to the BOs
without keeping requisition slip (which forms part of the earlier
issued instruction slip booklet and has pre-printed instruction
slip serial number range of the booklet), on record.

 5.

The instruction slip numbers are not verified, at the time of
receipt from BO, against the issue details.



6.
In some cases, instructions are executed by the DP on the
basis of instruction slips which are not signed by all joint holders
or which are not signed as per the ‗mode of operation‘. In some
cases, the instructions are executed in spite of prima-facie
mismatch of signatures.

B Samrish & Co.
Discrepancies in the inspection report
 As explained/ informed by DP in case of:
 Inventory control

 Issue of first DIS
 Procedure to be followed in case of issue of DIS without

requisition slip
 Dormant account
 Fax indemnity
 Blocking of DIS

B Samrish & Co.
New Arrivals
Communiqué No. 956 dated 14.09.2007- Supervision of branches
of Depository Participants:
 To keep record of identification documents (including photo-

identification) of all persons engaged in DP operations
(1) at their main office
(2) at all live-connected branches, and

(3) at back office connected branches

B Samrish & Co.
New Arrivals
 To maintain documentation at the main office regarding the
scope of activity of each branch (live or back office). This
document should include the following aspects:

(1) Services being provided by each branch
(2) Authorization levels of each type of transaction i.e.
- maker/ checker
- limits based on value of transaction.
(3) Record-keeping policy, including exception reporting
mechanism, maintenance of registers, agreements, inventory
of instruction slip booklets, reconciliation procedures (if any
documents are forwarded to the main DP)

B Samrish & Co.
New Arrivals
 To ensure that all live connected branches as well as back office

connected branches display the types of services provided by
each of them. The display board/ chart should be prominently
visible to the clients. The DO‘S and DONT‘S should also be
displayed similarly.

B Samrish & Co.
Back office software
 Mandatory from 1st April 2007 for DPs with more than 500

accounts

 Minimum features
 Maker-checker
 Approval

of verifier required for slips with value
transactions more than Rs.5 lakhs
 Capture of BO signature and retrieval for verification

B Samrish & Co.

of
Back office software
 Minimum features ( contd…)
 Proper records of instruction slips

 Inventory control
 Details of serial numbers issued to a BO
 Verification of issue details with instruction slip serial no.

submitted for execution
 Blocking of serial numbers already used
 Facility to block serial numbers – reported as lost/
misplaced

B Samrish & Co.
Back office software
 Matching of statement of transaction from CDAS with backoffice
 Sample selected – bigger clients

 Generate statement of transaction from CDAS and Backoffice

for the same period and compare

 Back office (including web site) is updated regularly
 Check update procedure and frequency
 Back up of data residing in back office

B Samrish & Co.
Back office software
 Back office network connected to Internet
 Try accessing portals – preferably government sites

 If connected to internet
 Check from system personnel for installation of firewalls
 Check system policy for access rights
 Back office network connected to CDSL
 Check upload procedure
 Mechanism to ensure integrity of files
 Check system controls
 Check access controls

B Samrish & Co.
OTHER TRANSACTIONS

B Samrish & Co.
Transmission
 Transmittee BO with CDSL DP
 Receipt of intimation of death
 Notarized copy of Death Certificate
 No execution of any instruction other than transmission request

B Samrish & Co.
Transmission

Joint holders

Sole holder
Nomine
e
Holding > 100000

Holding < 100000

B Samrish & Co.
Transmission
 Death of one of the Joint Holders
 Transmission in favour of surviving joint holders

 Duly filled in TRF
 Notarized copy of death certificate
 Client master –DPA5 of the surviving joint holders if a/c is with

other CDSL DP
 Transposition form - If a/c in different order of names

B Samrish & Co.
Transmission
 Death of Sole Holder – Nominee
 Duly filled in Transmission request form(TRF)
 Notarized copy of death certificate
 Client master-DPA5 report of the nominee‘s a/c if a/c with
other CDSL DP

B Samrish & Co.
Transmission
 Death of sole holder

- No nomination – value of holding >

100,000
 Duly filled in TRF complete all respect
 Notarized copy of death certificate
 Any of the following :
 Succession Certificate
 Letter of Administration
 Probate of the will

 In case of multiple successors- Each successor should submit

separate TRF

B Samrish & Co.
Transmission
 Death of sole holder - No nomination – value of holding <
100,000
 Duly filled in TRF complete all respect
 Notarized copy of death certificate
 Letter of surety
 Letter of indemnity
 Affidavit from applicant
 No objection letter from legal heirs who are not applicants

B Samrish & Co.
Transmission
 Statement of transaction to the transmittee after transmission

B Samrish & Co.
Pledge/ Unpledge
 PLEDGE :
 Pledgor & Pledgee must have active accounts in CDSL DP

 PRF should be complete in all respects
 PSN should be recorded on the PRF
 Pledgor DP to send PRF and system generated letter to pledgor
 Copy of PRF to be kept on record
 Acceptance of pledge – on the basis of PRF signed by pledgor DP

B Samrish & Co.
Pledge/ Unpledge
 Unpledge
 Initiated by pledgee – auto unpledge

 Initiated by pledgor - acceptance by pledgee DP
 URF should be complete in all respects
 Invocation
 IRF should be complete in all respects

B Samrish & Co.
Rematerialization
 RRF in duplicate signed by all the holders

 RRN to be generated on CDAS on the

working day from the date of receipt

same day or the next

 RRN noted RRF to be sent to Issuer/RTA within two days of

receipt of RRF

 Follow up with RTA if not honoured within 30 days from the date

of receipt of RRF by the RTA

 Corrective action for rejected RRF

B Samrish & Co.
Freeze /Unfreeze
 Initiation of Freeze

 BO as safekeeping measure

 DP based on instructions received from CDSL or

statutory /

regulatory authority
 CDSL based on instructions received from statutory authority
 Verification of signature – BO initiated freeze
 Acknowledgment letter to be sent to the BO

B Samrish & Co.
Freeze /Unfreeze



Records to be maintained
 Freeze/ unfreeze requests received from BOs
 Orders from statutory authorities
 copies of acknowledgement sent to BOs
 Record of despatch of acknowledgement copy

B Samrish & Co.
Power of Attorney (POA)
 Verify signatures of the BO

 If POA is granted by all joint holders to one person , POA

should be signed by all such holders

 Copy of POA – certified as ―true copy‖ by BO
 Notarization at the discretion of the DP
 If expiry date is mentioned on POA, the same should be captured

in CDAS

 DP to have internal controls for expiry date

B Samrish & Co.
Power of Attorney (POA)
 DP to have internal controls for expiry date
 POA to single entity should not have any clause which is

detrimental to the interest of the BO
 Delivery Instruction slips to be issued only to POA holder and
not to the BO
 Instructions to be routed only through the POA holder
 Merger of balances kept under various accounts to nullify the
debit in any other account of the client without taking any
further instructions from the constituent
 Lien on the securities of the clients towards realization of the
dues including broking related operations.

B Samrish & Co.
BO Grievance
 BO Grievance
 Register to be maintained

 BO grievance report on monthly basis to CDSL
 Resolve the grievance within 30 days
 Email id for grievances(comm.816)

B Samrish & Co.
Transaction statements
 Main DP to send transaction statements to all BOs including

branch BOs

 Transaction statements to be sent at least once at the end of

every month, if there has been any transaction. In any event,
such statement has to be sent once at the end of each quarter to
all BOs

 Maker

checker concept in all other transaction to check
unauthorized transaction

B Samrish & Co.
Records & Documents
 Proper filing system and maintenance of details of files for easy

retrieval

 If records are shifted to a different place – a log of such files
 Proper records of retrieval

B Samrish & Co.
Records & Documents
 Separate record for each depository.
 Maintain records for a minimum period of 10 years
 Verify arrangements made for storage of documents
 Maintenance of proper details
 May check on sample basis
 Compliance officer

 Employee of the DP
 Intimation of change to the depository

B Samrish & Co.
Records & Documents
 Concurrent audit of risk prone areas
 Report on monthly basis
 Action taken by the DP
 Concurrent auditor to inform the serious non-compliances to

depository

B Samrish & Co.
Thank You!!

B Samrish & Co.

More Related Content

What's hot

Capital and current account transactions under fema
Capital and current account transactions under femaCapital and current account transactions under fema
Capital and current account transactions under femaDVSResearchFoundatio
 
Appointment and qualification of directors
Appointment and qualification of directorsAppointment and qualification of directors
Appointment and qualification of directorsDVSResearchFoundatio
 
Overview of SEBI Takeover Regulations, 2011
Overview of SEBI Takeover Regulations, 2011Overview of SEBI Takeover Regulations, 2011
Overview of SEBI Takeover Regulations, 2011Corporate Professionals
 
Appointment and qualification of directors
Appointment and qualification of directorsAppointment and qualification of directors
Appointment and qualification of directorsRaksha Shree
 
Investors Protection
Investors ProtectionInvestors Protection
Investors ProtectionManpreet Kaur
 
Bombay stock exchange
Bombay stock exchangeBombay stock exchange
Bombay stock exchangeAbdul_5_786
 
Internal reconstruction
Internal reconstructionInternal reconstruction
Internal reconstructionHARSHIT GARG
 
Ind AS Financial Statements
Ind AS Financial StatementsInd AS Financial Statements
Ind AS Financial Statementsnitish aggarwal
 
Depository system
Depository systemDepository system
Depository systemsruthiparu
 
Funding of Investment in Overseas JV / WOS
Funding of Investment in Overseas JV / WOSFunding of Investment in Overseas JV / WOS
Funding of Investment in Overseas JV / WOSDVSResearchFoundatio
 
Acquisition and Transfer of Securities by Non-residents
Acquisition and Transfer of Securities by Non-residentsAcquisition and Transfer of Securities by Non-residents
Acquisition and Transfer of Securities by Non-residentsDVSResearchFoundatio
 
TDS and TCS under GST
TDS and TCS under GSTTDS and TCS under GST
TDS and TCS under GSTMuskanGarg66
 

What's hot (20)

Depository ppt
Depository pptDepository ppt
Depository ppt
 
Demat presentation
Demat presentationDemat presentation
Demat presentation
 
Capital and current account transactions under fema
Capital and current account transactions under femaCapital and current account transactions under fema
Capital and current account transactions under fema
 
Appointment and qualification of directors
Appointment and qualification of directorsAppointment and qualification of directors
Appointment and qualification of directors
 
Overview of SEBI Takeover Regulations, 2011
Overview of SEBI Takeover Regulations, 2011Overview of SEBI Takeover Regulations, 2011
Overview of SEBI Takeover Regulations, 2011
 
Appointment and qualification of directors
Appointment and qualification of directorsAppointment and qualification of directors
Appointment and qualification of directors
 
Investors Protection
Investors ProtectionInvestors Protection
Investors Protection
 
Bombay stock exchange
Bombay stock exchangeBombay stock exchange
Bombay stock exchange
 
Transfer of shares revn
Transfer of shares revnTransfer of shares revn
Transfer of shares revn
 
Internal reconstruction
Internal reconstructionInternal reconstruction
Internal reconstruction
 
Voluntary winding up.
Voluntary winding up.Voluntary winding up.
Voluntary winding up.
 
Ind AS Financial Statements
Ind AS Financial StatementsInd AS Financial Statements
Ind AS Financial Statements
 
Depository system
Depository systemDepository system
Depository system
 
Sebi lodr (1) (2)
Sebi lodr (1) (2)Sebi lodr (1) (2)
Sebi lodr (1) (2)
 
Registration under GST Law
Registration under GST LawRegistration under GST Law
Registration under GST Law
 
Appointment of auditor
Appointment of auditorAppointment of auditor
Appointment of auditor
 
Funding of Investment in Overseas JV / WOS
Funding of Investment in Overseas JV / WOSFunding of Investment in Overseas JV / WOS
Funding of Investment in Overseas JV / WOS
 
Company law 2012-
Company law 2012-Company law 2012-
Company law 2012-
 
Acquisition and Transfer of Securities by Non-residents
Acquisition and Transfer of Securities by Non-residentsAcquisition and Transfer of Securities by Non-residents
Acquisition and Transfer of Securities by Non-residents
 
TDS and TCS under GST
TDS and TCS under GSTTDS and TCS under GST
TDS and TCS under GST
 

Viewers also liked

A project report on depository system
A project report on depository systemA project report on depository system
A project report on depository systemProjects Kart
 
Project report on depository participant
Project report on depository participantProject report on depository participant
Project report on depository participantTarun Sharma
 
Depository system in india
Depository system in indiaDepository system in india
Depository system in indiaUjjwal 'Shanu'
 
Ppt on depository system in india
Ppt on depository system in indiaPpt on depository system in india
Ppt on depository system in indiaKavita Sharma
 
Amendments to SEBI (Mutual Funds) Regulations, 1996
Amendments to SEBI (Mutual Funds) Regulations, 1996Amendments to SEBI (Mutual Funds) Regulations, 1996
Amendments to SEBI (Mutual Funds) Regulations, 1996GAURAV KR SHARMA
 
Presentation on depository participant
Presentation on depository participantPresentation on depository participant
Presentation on depository participantTarun Sharma
 
31376038 recruitment-and-selection-process-in-bsnl
31376038 recruitment-and-selection-process-in-bsnl31376038 recruitment-and-selection-process-in-bsnl
31376038 recruitment-and-selection-process-in-bsnlBabita Chaudhary
 
Working of depository system in india with research and analysis by hiresh ah...
Working of depository system in india with research and analysis by hiresh ah...Working of depository system in india with research and analysis by hiresh ah...
Working of depository system in india with research and analysis by hiresh ah...333jack333
 
Depository participant
Depository participantDepository participant
Depository participant009888333280
 
Depoitory system IN INDIA
Depoitory system IN INDIADepoitory system IN INDIA
Depoitory system IN INDIAshashi gaherwar
 
Report on depository system
Report on depository systemReport on depository system
Report on depository systemBharti Verma
 
Selection recruitment_-icici
Selection  recruitment_-iciciSelection  recruitment_-icici
Selection recruitment_-iciciSujata Yadav
 
Hr project study of recruitment & selection process in aviva life insurance
Hr project study of recruitment & selection process in aviva life insuranceHr project study of recruitment & selection process in aviva life insurance
Hr project study of recruitment & selection process in aviva life insuranceProjects Kart
 
Working of-depositary-system
Working of-depositary-systemWorking of-depositary-system
Working of-depositary-systemSaloni Sharma
 

Viewers also liked (17)

A project report on depository system
A project report on depository systemA project report on depository system
A project report on depository system
 
Project report on depository participant
Project report on depository participantProject report on depository participant
Project report on depository participant
 
Depository system in india
Depository system in indiaDepository system in india
Depository system in india
 
Depositories
DepositoriesDepositories
Depositories
 
Ppt on depository system in india
Ppt on depository system in indiaPpt on depository system in india
Ppt on depository system in india
 
Depository systems
Depository systemsDepository systems
Depository systems
 
Amendments to SEBI (Mutual Funds) Regulations, 1996
Amendments to SEBI (Mutual Funds) Regulations, 1996Amendments to SEBI (Mutual Funds) Regulations, 1996
Amendments to SEBI (Mutual Funds) Regulations, 1996
 
Presentation on depository participant
Presentation on depository participantPresentation on depository participant
Presentation on depository participant
 
31376038 recruitment-and-selection-process-in-bsnl
31376038 recruitment-and-selection-process-in-bsnl31376038 recruitment-and-selection-process-in-bsnl
31376038 recruitment-and-selection-process-in-bsnl
 
Working of depository system in india with research and analysis by hiresh ah...
Working of depository system in india with research and analysis by hiresh ah...Working of depository system in india with research and analysis by hiresh ah...
Working of depository system in india with research and analysis by hiresh ah...
 
Depository participant
Depository participantDepository participant
Depository participant
 
SEBI ACT 1992
SEBI ACT 1992SEBI ACT 1992
SEBI ACT 1992
 
Depoitory system IN INDIA
Depoitory system IN INDIADepoitory system IN INDIA
Depoitory system IN INDIA
 
Report on depository system
Report on depository systemReport on depository system
Report on depository system
 
Selection recruitment_-icici
Selection  recruitment_-iciciSelection  recruitment_-icici
Selection recruitment_-icici
 
Hr project study of recruitment & selection process in aviva life insurance
Hr project study of recruitment & selection process in aviva life insuranceHr project study of recruitment & selection process in aviva life insurance
Hr project study of recruitment & selection process in aviva life insurance
 
Working of-depositary-system
Working of-depositary-systemWorking of-depositary-system
Working of-depositary-system
 

Similar to DP Audit

Depository System
Depository SystemDepository System
Depository SystemParul Singh
 
Central depository company (cdc)
Central depository company (cdc)Central depository company (cdc)
Central depository company (cdc)umailaila
 
Winding up and demat of companies
Winding up and demat of companies Winding up and demat of companies
Winding up and demat of companies PriyaSingh948979
 
DEPOSITORIES ACT, 1996 - CS Executive - CMSL
DEPOSITORIES ACT, 1996 - CS Executive - CMSLDEPOSITORIES ACT, 1996 - CS Executive - CMSL
DEPOSITORIES ACT, 1996 - CS Executive - CMSLrishikakkad1
 
unit-1 equity banking and finance stock market
unit-1 equity banking and finance stock marketunit-1 equity banking and finance stock market
unit-1 equity banking and finance stock marketas871534
 
Introduction to Depository Systems of India
Introduction to Depository Systems of IndiaIntroduction to Depository Systems of India
Introduction to Depository Systems of IndiaGurbaniLuthra
 
Demat services
Demat servicesDemat services
Demat servicesDharmik
 
Bank's Branch Audit Process
Bank's Branch Audit ProcessBank's Branch Audit Process
Bank's Branch Audit ProcessSomnath Pagar
 
Banking and Financial services ppt - Final copy.pptx
Banking and Financial services ppt - Final copy.pptxBanking and Financial services ppt - Final copy.pptx
Banking and Financial services ppt - Final copy.pptxShravyaManjunath1
 
Depository system
Depository systemDepository system
Depository systemRagini074
 
Jayati project summer internship project
Jayati project summer internship projectJayati project summer internship project
Jayati project summer internship projectJayati Poddar
 
NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.
NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.
NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.Srinivasan Thiagarajan
 
Entrepreneur's World #7
Entrepreneur's World #7Entrepreneur's World #7
Entrepreneur's World #7Lexvalorem
 
IDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumJubiIDFCEquity
 
IDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFCJUBI
 
IDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumTravisBickle19
 
Profile of KB Advisory & Co._Final
Profile of KB Advisory & Co._FinalProfile of KB Advisory & Co._Final
Profile of KB Advisory & Co._FinalCS Binu Singh
 

Similar to DP Audit (20)

Depository System
Depository SystemDepository System
Depository System
 
Depository System
Depository SystemDepository System
Depository System
 
Central depository company (cdc)
Central depository company (cdc)Central depository company (cdc)
Central depository company (cdc)
 
Winding up and demat of companies
Winding up and demat of companies Winding up and demat of companies
Winding up and demat of companies
 
DEPOSITORIES ACT, 1996 - CS Executive - CMSL
DEPOSITORIES ACT, 1996 - CS Executive - CMSLDEPOSITORIES ACT, 1996 - CS Executive - CMSL
DEPOSITORIES ACT, 1996 - CS Executive - CMSL
 
unit-1 equity banking and finance stock market
unit-1 equity banking and finance stock marketunit-1 equity banking and finance stock market
unit-1 equity banking and finance stock market
 
Introduction to Depository Systems of India
Introduction to Depository Systems of IndiaIntroduction to Depository Systems of India
Introduction to Depository Systems of India
 
Depository participants
Depository participantsDepository participants
Depository participants
 
Demat services
Demat servicesDemat services
Demat services
 
Bank's Branch Audit Process
Bank's Branch Audit ProcessBank's Branch Audit Process
Bank's Branch Audit Process
 
Banking and Financial services ppt - Final copy.pptx
Banking and Financial services ppt - Final copy.pptxBanking and Financial services ppt - Final copy.pptx
Banking and Financial services ppt - Final copy.pptx
 
Depository system
Depository systemDepository system
Depository system
 
Jayati project summer internship project
Jayati project summer internship projectJayati project summer internship project
Jayati project summer internship project
 
dematerizlisation process
dematerizlisation processdematerizlisation process
dematerizlisation process
 
NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.
NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.
NISM STUDY MATERIAL FOR NISM DOCE DEPOSITORY EXAM GUIDE.
 
Entrepreneur's World #7
Entrepreneur's World #7Entrepreneur's World #7
Entrepreneur's World #7
 
IDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandum
 
IDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandum
 
IDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandumIDFC Emerging Businesses Fund_Key information memorandum
IDFC Emerging Businesses Fund_Key information memorandum
 
Profile of KB Advisory & Co._Final
Profile of KB Advisory & Co._FinalProfile of KB Advisory & Co._Final
Profile of KB Advisory & Co._Final
 

Recently uploaded

如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书
如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书
如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书Fir La
 
the 25 most beautiful words for a loving and lasting relationship.pdf
the 25 most beautiful words for a loving and lasting relationship.pdfthe 25 most beautiful words for a loving and lasting relationship.pdf
the 25 most beautiful words for a loving and lasting relationship.pdfFrancenel Paul
 
WheelTug PLC Pitch Deck | Investor Insights | April 2024
WheelTug PLC Pitch Deck | Investor Insights | April 2024WheelTug PLC Pitch Deck | Investor Insights | April 2024
WheelTug PLC Pitch Deck | Investor Insights | April 2024Hector Del Castillo, CPM, CPMM
 
Corporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdfCorporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdfProbe Gold
 
Collective Mining | Corporate Presentation - April 2024
Collective Mining | Corporate Presentation - April 2024Collective Mining | Corporate Presentation - April 2024
Collective Mining | Corporate Presentation - April 2024CollectiveMining1
 
The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...
The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...
The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...Kumaran637735
 
Corporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdfCorporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdfProbe Gold
 
9654467111 Call Girls In Katwaria Sarai Short 1500 Night 6000
9654467111 Call Girls In Katwaria Sarai Short 1500 Night 60009654467111 Call Girls In Katwaria Sarai Short 1500 Night 6000
9654467111 Call Girls In Katwaria Sarai Short 1500 Night 6000Sapana Sha
 
Q1 Quarterly Update - April 16, 2024.pdf
Q1 Quarterly Update - April 16, 2024.pdfQ1 Quarterly Update - April 16, 2024.pdf
Q1 Quarterly Update - April 16, 2024.pdfProbe Gold
 
Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024
Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024
Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024Osisko Gold Royalties Ltd
 
如何办理东俄勒冈大学毕业证(文凭)EOU学位证书
如何办理东俄勒冈大学毕业证(文凭)EOU学位证书如何办理东俄勒冈大学毕业证(文凭)EOU学位证书
如何办理东俄勒冈大学毕业证(文凭)EOU学位证书Fir La
 
9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR
9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR
9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCRSapana Sha
 
Nicola Mining Inc. Corporate Presentation April 2024
Nicola Mining Inc. Corporate Presentation April 2024Nicola Mining Inc. Corporate Presentation April 2024
Nicola Mining Inc. Corporate Presentation April 2024nicola_mining
 
The Concept of Humanity in Islam and its effects at future of humanity
The Concept of Humanity in Islam and its effects at future of humanityThe Concept of Humanity in Islam and its effects at future of humanity
The Concept of Humanity in Islam and its effects at future of humanityJohanAspro
 
Basic Accountants in|TaxlinkConcept.pdf
Basic  Accountants in|TaxlinkConcept.pdfBasic  Accountants in|TaxlinkConcept.pdf
Basic Accountants in|TaxlinkConcept.pdftaxlinkcpa
 
slideshare_2404_presentation materials_en.pdf
slideshare_2404_presentation materials_en.pdfslideshare_2404_presentation materials_en.pdf
slideshare_2404_presentation materials_en.pdfsansanir
 

Recently uploaded (20)

如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书
如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书
如何办理密苏里大学堪萨斯分校毕业证(文凭)UMKC学位证书
 
the 25 most beautiful words for a loving and lasting relationship.pdf
the 25 most beautiful words for a loving and lasting relationship.pdfthe 25 most beautiful words for a loving and lasting relationship.pdf
the 25 most beautiful words for a loving and lasting relationship.pdf
 
WheelTug PLC Pitch Deck | Investor Insights | April 2024
WheelTug PLC Pitch Deck | Investor Insights | April 2024WheelTug PLC Pitch Deck | Investor Insights | April 2024
WheelTug PLC Pitch Deck | Investor Insights | April 2024
 
Corporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdfCorporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdf
 
Collective Mining | Corporate Presentation - April 2024
Collective Mining | Corporate Presentation - April 2024Collective Mining | Corporate Presentation - April 2024
Collective Mining | Corporate Presentation - April 2024
 
The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...
The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...
The resilient U.S. late-cycle expansion contributed to a stalling pattern in ...
 
young call girls in Govindpuri 🔝 9953056974 🔝 Delhi escort Service
young call girls in Govindpuri 🔝 9953056974 🔝 Delhi escort Serviceyoung call girls in Govindpuri 🔝 9953056974 🔝 Delhi escort Service
young call girls in Govindpuri 🔝 9953056974 🔝 Delhi escort Service
 
Corporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdfCorporate Presentation Probe April 2024.pdf
Corporate Presentation Probe April 2024.pdf
 
9654467111 Call Girls In Katwaria Sarai Short 1500 Night 6000
9654467111 Call Girls In Katwaria Sarai Short 1500 Night 60009654467111 Call Girls In Katwaria Sarai Short 1500 Night 6000
9654467111 Call Girls In Katwaria Sarai Short 1500 Night 6000
 
Q1 Quarterly Update - April 16, 2024.pdf
Q1 Quarterly Update - April 16, 2024.pdfQ1 Quarterly Update - April 16, 2024.pdf
Q1 Quarterly Update - April 16, 2024.pdf
 
Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024
Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024
Osisko Gold Royalties Ltd - Corporate Presentation, April 23, 2024
 
如何办理东俄勒冈大学毕业证(文凭)EOU学位证书
如何办理东俄勒冈大学毕业证(文凭)EOU学位证书如何办理东俄勒冈大学毕业证(文凭)EOU学位证书
如何办理东俄勒冈大学毕业证(文凭)EOU学位证书
 
young call girls in Yamuna Vihar 🔝 9953056974 🔝 Delhi escort Service
young  call girls in   Yamuna Vihar 🔝 9953056974 🔝 Delhi escort Serviceyoung  call girls in   Yamuna Vihar 🔝 9953056974 🔝 Delhi escort Service
young call girls in Yamuna Vihar 🔝 9953056974 🔝 Delhi escort Service
 
9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR
9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR
9654467111 Low Rate Call Girls In Tughlakabad, Delhi NCR
 
Nicola Mining Inc. Corporate Presentation April 2024
Nicola Mining Inc. Corporate Presentation April 2024Nicola Mining Inc. Corporate Presentation April 2024
Nicola Mining Inc. Corporate Presentation April 2024
 
The Concept of Humanity in Islam and its effects at future of humanity
The Concept of Humanity in Islam and its effects at future of humanityThe Concept of Humanity in Islam and its effects at future of humanity
The Concept of Humanity in Islam and its effects at future of humanity
 
Model Call Girl in Uttam Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Uttam Nagar Delhi reach out to us at 🔝9953056974🔝Model Call Girl in Uttam Nagar Delhi reach out to us at 🔝9953056974🔝
Model Call Girl in Uttam Nagar Delhi reach out to us at 🔝9953056974🔝
 
Basic Accountants in|TaxlinkConcept.pdf
Basic  Accountants in|TaxlinkConcept.pdfBasic  Accountants in|TaxlinkConcept.pdf
Basic Accountants in|TaxlinkConcept.pdf
 
young Call girls in Dwarka sector 1🔝 9953056974 🔝 Delhi escort Service
young Call girls in Dwarka sector 1🔝 9953056974 🔝 Delhi escort Serviceyoung Call girls in Dwarka sector 1🔝 9953056974 🔝 Delhi escort Service
young Call girls in Dwarka sector 1🔝 9953056974 🔝 Delhi escort Service
 
slideshare_2404_presentation materials_en.pdf
slideshare_2404_presentation materials_en.pdfslideshare_2404_presentation materials_en.pdf
slideshare_2404_presentation materials_en.pdf
 

DP Audit

  • 1. DEPOSITORY PARTICIPANTS AUDIT BY SAMRISH BHANJA(FCS, LLB) MANAGING PARTNER, B SAMRISH & CO B Samrish & Co.
  • 3. INTRODUCTION & HISTORICAL BACKGROUND  In the past when there was just a handful of investors the system of settlement based on physical delivery of paper certificates was probably adequate  But with the increase in number of listed entities the clearing and settlement mechanisms had been encumbered by the huge volumes of paperwork related to processing of share certificates.  Need for the introduction of scripless was felt for the settlement to improve the efficiency of the markets and eliminate various problems brought about by dealing in physical certificates.  Thus The Depositories Act was passed by both the Houses of Parliament in August, 1996. B Samrish & Co.
  • 4. CONCEPT OF DEPOSITORY SYSTEM  According to section 2(e) of the Depositories Act, 1996, ―Depository means a company formed and registered under the Companies Act, 1956 and which has been granted a certificate of registration under section 12(1A) of the Securities and Exchange Board of India Act, 1992‖.  A Depository Participant (DP) is an agent appointed by the Depository i.e. —National Securities Depository Ltd (NSDL) and/or Central Depository Services Ltd (CDSL) and is authorized to offer depository services to all investors. An investor has to open his account through a DP only. Thus, the DP is basically the interface between the investor and the Depository. PNB is a DP of both Depositories (NSDL as well as CDSL.). B Samrish & Co.
  • 5. The Depositories Act, 1996 The depositories legislation as per the Statement of Objects and Reasons appended to the Depositories Act, 1996 aims at providing for:  A legal basis for establishment of depositories to conduct the task of maintenance of ownership records of securities and effect changes in ownership records through book entry;  Dematerilisation of securities in the depositories mode as well as giving option to an investor to choose between holding securities in physical mode and holding securities in a dematerialized form in a depository;  Making the securities fungible;  Making the shares, debentures and any interest thereon of a public limited company freely transferable; and  Exempting all transfers of shares within a depository from stamp duty. B Samrish & Co.
  • 6. CONSTITUENTS OF DEPOSITORY SYSTEM There are basically four participant:  The Depository  The Depository Participant  The Issuing Company  The Investor B Samrish & Co.
  • 7. WHO IS DEPOSITORY?  Depository facilitates holding of securities in the electronic form and enables securities transactions to be processed by book entry by a Depository Participant (DP), who as an agent of the depository, offers depository services to investors  As per SEBI: A depository is an organisation which holds securities (like shares, debentures, bonds, government securities, mutual fund units etc.) of investors in electronic form at the request of the investors through a registered depository participant. It also provides services related to transactions in securities.  As per CDSL: A "Depository" is a facility for holding securities, which enables securities transactions to be processed by book entry. To achieve this purpose, the depository may immobilize the securities or dematerialise them (so that they exist only as electronic records).India has chosen the dematerialisation route. In India, a depository is an organisation, which holds the beneficial owner's securities in electronic form, through a registered Depository Participant (DP). A depository functions somewhat similar to a commercial bank. To avail of the services offered by a depository, the investor has to open an account with a registered DP B Samrish & Co.
  • 8. FEATURES OF DEPOSITORY SYSTEM IN INDIA 1. In the depository system, the apex body is the Depository.. 2. A depository can be compared with a bank 3. Depository services through depository participants. 4. Fungibility 5. Registered Owner/ Beneficial Owner (two types of owner) B Samrish & Co.
  • 9. A BANK-DEPOSITORY ANALOGY BANK DEPOSITORY Holds funds in an account on behalf Holds securities in an account on of a customer behalf of an investor. Transfer funds between accounts on Transfer securities between accounts the instruction of the account holder. on the instruction of the account holder. Physical handling of funds is avoided. Physical handling avoided. Provides safe custody of fund Provides safe custody of securities. B Samrish & Co. of securities is
  • 10. WHO IS DEPOSITORY PARTICIPANT:  A Depository Participant (DP) is an agent of the depository through which it interfaces with an investor.  A DP can offer depository services only after it gets proper registration from SEBI.  A DP is just like a Branch of a Bank. B Samrish & Co.
  • 12. WHO CAN BE DEPOSITORY PARTICIPANT? In terms of the Depositories Act, 1996, SEBI (Depositories & Participants) Regulations,1996, only the following entities are eligible to become a Depository Participant:  Financial Institutions,  Banks, including approved foreign bank  Custodians,  Stockbrokers,  A clearing corporation or a clearing house of a stock exchange  A non-banking finance company,  A registrar to an issue or share transfer agent B Samrish & Co.
  • 13. SUBMISSION OF REPORTS & DOCUMENTS B Samrish & Co.
  • 14. INTERNAL AUDIT AND CONCURRENT AUDIT OF OPERATIONS OF DEPOSITORY PARTICIPANTS  The two Depository service providers in India, viz., National Securities Depository Ltd. (NSDL) and Central Depository Services (India) Limited (CDSL) have allowed Company Secretaries in Whole-time Practice to undertake internal / concurrent audit of the operations of Depository Participants (DPs). Report/ Document Frequency Due date To be submitted By Internal audit report Half yearly 15th May & 15th November Main & branch DP Report of Concurrent audit of risk prone areas Half yearly Along with internal audit report Main & branch DP BO grievance report- (format Comm. Monthly 1529 & for soft Comm. 1720) 10th of next month Main DP (include branch report Compliance report for Internal audit/ Inspection within 30 days Main / branch DP B Samrish & Co.
  • 15. SCOPE OF AUDIT B Samrish & Co.
  • 16. SCOPE OF AUDIT The scope of Internal Audit was to verify the transactions executed in DP and to assess whether the operations of the DP are in accordance with the Regulatory requirements. The said assignment to be carried out as per the requirement of Depository Act, 1996, SEBI (Depository & Participants) Regulation, 1996, NSDL Byelaws and the agreements with the clients and NSDL.  Audit of Organisational Structure :  Audit of DPM Operations :  Audit of Account opening procedures :  Audit of Demat request :  Audit of Delivery Instructions :  Back office software :  Account closure initiated by the participant;  Investor grievances received by the participant;  Power of attorney modifications;  Providing transactions statements to clients. B Samrish & Co.
  • 18. ACCOUNT OPENING        Whether proof of identity and residence is collected as per NSDL requirements. (Circular No. NSDL/PI/2000/1394 dated April 09, 2000) Whether necessary documents are collected from clients such as corporates, NRIs, OCBs, FIIs, etc. Whether necessary documents are collected from Speed-e users at the time of opening Speed-e account, resetting password, adding prenotified accounts, etc. Whether the procedure for dispatch of the smart card and the PIN (in case of Speed-e users) is diligently followed by the DP, i.e., sending the smart card and the PIN separately. Whether DP has maintained the records in its internal database with respect to details of Speed-e application forms as per NSDL requirements. Whether an agreement is executed with every client. Whether the client is given copy of the agreement and the schedule of B Samrish & Co. charges.
  • 19. ACCOUNT OPENING: BASIC INSPECTION  Whether the client signature has been appropriately stored in physical form and scanned into the system.  Whether the data entry in the system is strictly and completely in accordance with the information furnished by the client in the account opening form and as per NSDL requirements.  Whether there is adequate mechanism to ensure that all the account opening forms accepted are in fact entered in the DPM system and the client is given the client ID only after account comes in „Active‟ status. (Circular No. NSDL/PI/98/583 dated November 18, 1998)  Whether there is a mechanism in place to ensure that the changes in the demographic details are updated in the DPM system (say, for change of address, etc.) based on proper authorisation and only after collecting new proof of address from the client.  Whether the procedure followed for opening the accounts and servicing illiterate person followed as per NSDL requirements. (Circular No. NSDL/PI/2000/0709 dated May 03, 2002)  Whether any supplementary agreement/ letter of confirmation, etc. is executed in addition to standard DPB Samrish & Co. Client agreement.
  • 20. ACCOUNT OPENING: AGREEMENTS TO BE EXECUTED Every participant shall enter into an agreement with a beneficial owner before acting as a participant on his behalf.  Agreement to be executed before opening an account  Agreement to be executed under stamp & signature of DP  Printed agreement with printed name of DP and signed  Agreement not produced for verification at the time of inspection  Account to be opened based on Account Opening Form  Single form for multiple accounts of same exchange for a CM  To be in specified format as per Bye laws (new clauses as per comm. 1597 )  Agreements to be signed by both the parties  Witness for DP and BO required B Samrish & Co.
  • 21. ACCOUNT OPENING : PROOFS  Proof of Identity  Proof of Address  Proof for bank details Observations:  No POI  PANCARD given does not match. Any other POI obtained if PANCARD is not there or it mismatches.  Comment whether the account is freezed for debit, if no PANCARD or it mismatches  Non-compliance pointed should be as per SEBI guidelines only  Bank statement obtained as proof of address(comm.807,967) B Samrish & Co.
  • 22. ACCOUNT OPENING : In person verification  SEBI Circular SEBI/MIRSD/Cir. No. 02/2010 dated January 18, 2010  ‗In Person‘ Verification done for opening beneficial owner‘s account by a Depository Participant (DP) will hold good for opening trading account by a stock broker and vice versa,  ‗In Person verification is mandatory and to be done before activation of the account  DPs to do In Person verification of the applicants at the time of opening of demat accounts  Authorized official of DP should personally verify the photograph(s) affixed on the AOF and proof of identity document  DP to affix a stamp ―In Person verified ―on proof of identity document having verified ‗in person‘  Also required to verify valid original proof of identity documents with the copies and affix ―verified with originals‖ stamp  Authorized official doing in person verification and verification of documents with original should sign under the DP stamp B Samrish & Co.
  • 23. ACCOUNT OPENING: KNOW YOUR CLIENT NORMS Applicability of KYC Requirements & KRA Regulations  SEBI Circular No. MIRSD/SE/Cir-21/2012/0017 2011 dated October 5, 2011 & SEBI‟s Circular No. MIRSD/Cir- 26 /2011 dated December 23, 2011  The KRA system shall be applicable for all new Client accounts opened from January 1, 2012.  An intermediary shall perform the initial KYC of its clients and upload the details on the system of the KRA. KYC verification  „Verified with Original‟ stamp  „Verified in –person‟ stamp  In person verification by stock broker holding or subsidiary company.  “Web Camera” allowed  Signature of DP official under DP stamp  Self Attestation of KYC documents. B Samrish & Co.
  • 24. ACCOUNT OPENING Methodology  Type of documents  Validity of documents  Signature of DP official and stamp  Stamp of In Person verified and verified with original affixed on a valid POI document (SEBI specified) and signed by the authorized official of the DP under DP stamp  Verify with the documents that only authorized official of DP has signed, check the authority of the person doing the same B Samrish & Co.
  • 25. ACCOUNT OPENING : Additional Documents Additional Documents to be collected from different type of BOs(comm.887,932) Body Corporate & Corporate CM :   Certificate of Incorporation POA- Document registered with registering authority or bank statement or agreement for sale or leave license agreement or acknowledged copy of income tax return OCB:  Declaration from the OCB that it meets with the guidelines issued by RBI/Ministry of finance  Certificate from overseas auditors in form OAC-1  Statement of A/c from the bank Registered Society:  POA –Document registered with registering authority or bank statement or agreement for sale or leave license agreement or acknowledged copy of income tax return  Certificate of Incorporation or copy of RBI registration certificate in case of scheduled/cooperative banks  POA -Proof of address – document registered with registering authority / agreement for sale/ leave and license agreement / acknowledged copy of income tax return Banks Mutual funds  SEBI Registration Certificate clearly indicating the address of the mutual fund B Samrish & Co.
  • 26. ACCOUNT OPENING : Additional Documents Additional Documents to be collected from different type of BOs(comm.887,932) Public Trust /Charitable Trust and trust capable of holding property in its name (Registered Trust /Public trust)  Certificate of Registration of Trust under the Public Trust Act 1950/Public trust Act of relevant state or Societies Registration Act,1860  PANCARD of trust  Proof of address  Proof of registered office address evidenced by document registered with registering authority or bank statement or agreement for sale or leave license agreement or acknowledgement copy of income tax return Recognized Funds/trusts /other Similar entities        Categories :Employees PF, recognized by PF commissioner under PF Act, 1952,employees Gratuity fund under payment of gratuity act,1972,superannuation fund formed under guidelines issued by income tax dept., venture capital funds registered with SEBI,ESOP trust formed pursuant to SEBI guidelines Accounts of the above Funds/trusts /other Similar entities should be opened as they are recognized either with Income tax Act or SEBI Documents : Certificate of registration Trust deed and rules and/or charter defining their constitution and providing for management thereof List of members on the Board of trustees/Governing body Certified true copy of resolution passed by Board of trustees/Governing body B Samrish & Co.
  • 27. ACCOUNT OPENING : AUTHORISED SIGNATORIES & NOMINATIONS Authorized signatories  Names of the authorized signatories, designation and their specimen signatures duly verified by the managing trustee  One passport-size photograph of all authorized signatories with signature across photograph  PAN card of Fund/Trust/Entity  POA of registered office address evidenced by document registered with registering authority or bank statement or agreement for sale or leave license agreement or acknowledgement copy of Income Tax return Nomination  Nomination form signed by all joint holders  Only individuals to appoint nominees and be appointed as nominee  A minor, represented by guardian, can be appointed as nominee  Two witness to sign the nomination form  Nomination register to be maintained  Nomination registration number ( as per register) to be noted on the nomination form  Details to be captured in CDAS B Samrish & Co.
  • 28.  Signatures of all joint holders to be scanned HUF a/c  Karta to sign under the stamp of HUF Corporate / CM A/c  Mode of Operations to be specified & captured in system.  Signature of Power of Attorney Holders to be scanned  Financial details and nature of business to be     obtained Photographs to be pasted & not stapled Signature across photograph Details of AOF to be correctly entered in CDAS POI & POA in foreign language – translation in B Samrish & Co. English required.
  • 30. ACCOUNT MODIFICATION Bank details  Obtaining of bank details and proof made mandatory(comm.887)  Proof of bank account details :  Photocopy of cancelled cheque having name of the account holder  Photocopy of bank statement having name and address of the BO and not more than 4 months old  Photocopy of bank passbook having name and address of the BO  Letter from bank Address  Individuals  Proof of address - verified with original by DP official  Corporate  Certified true copy of Form 23  Latest transaction statement received from the DP  Verified with original  Confirmation letter to be sent to BO at old as well as new address B Samrish & Co.
  • 31. ACCOUNT MODIFICATION Change in signature of the BO Individuals Reason for change of signature BO to visit personally with valid proof of identity BO to affix new signature in the presence of a DP official If BO cannot come personally Modification form / letter to contain old and new signature New signature – attested by the BO‘s banker  Corporates  Certified true copy of Board Resolution  Fresh list of authorized signatories  Bank – a letter on the letter head of the bank B Samrish & Co.
  • 32. ACCOUNT MODIFICATION Letters confirming modification  To maintain the hard copies or soft copies of letters along with proof of dispatch. If sent in electronic form, provisions of the Information Technology Act, 2000 to be complied with.(comm. 1962 dt. 16.04.2010). B Samrish & Co.
  • 34. DEMATERIALIZATION & REMATERIALIZATION  Any person who has entered into an agreement under section 5 shall surrender the certificate of security, for which he seeks to avail the services of a depository, to the issuer in such manner as may be specified by the regulations.  The issuer, on receipt of certificate of security under sub- section (1), shall cancel the certificate of security and substitute in its records the name of the depository as a registered owner in respect of that security and inform the depository accordingly.  A depository shall, on receipt of information under sub-section (2), enter the name of the person referred to sub-section (1) in its records, as the beneficial owner. B Samrish & Co.
  • 35. DEMATERIALIZATION & REMATERIALIZATION  Date of receipt stamp to be affixed on DRF when received from BO.  To be sent to Issuer RTA within 7 days of receipt  Rejections to be analysed.  Rejected certificates to be sent to BO within 7 days of receipt.  PODs to be maintained.  Follow-up with RTA to be done  For pending Demat &Remat  For non receipt of documents within 30 days of rejection date.  For physical securities lost in transit B Samrish & Co.
  • 36. DISCREPANCIES OBSERVED IN INSPECTION REPORTS  Whether Demat request received from BOs are sent to the     issuer/RTA within seven days- As informed by the DP. In case of demat rejection –whether there is a system in place to analyze the demat rejection Details of dispatch maintained by the DP – Date of dispatch is not mentioned. The procedure to affix a stamp "surrendered for dematerialization along with DP name, DP ID and BO ID" on the certificates submitted for demat is not followed while processing some demat requests. The time limits prescribed for processing of demat requests received from BOs are not adhered to in all cases. B Samrish & Co.
  • 38. DELIVERY INSTRUCTION SLIPS : ISSUE Proper inventory management  – Reconciliation  – Maintenance of stock & issue register First Issue  – Proof of dispatch to be maintained  – Should not be handed over to representative of BO  – If handed over to BO – sign of BO maintained Subsequent Issue  – On the basis of requisition slips  – Dispatch of DIS booklet, POD to be kept on record. B Samrish & Co.
  • 39. DELIVERY INSTRUCTION SLIPS : PROCESSING  Instruction slip serial number to be checked against issue          details. Signatures of all BOs obtained / as per mode of operations . Date and time of receipt stamp affixed. Maker-checker concept followed. POA executed by CM settlement purpose. DIS signed by the POA holder (Authorized person) has to be kept on record in case of Transactions executed on the basis of POA. Verifier for slips with value more than 5 lakhs. Two step verification. (Comm. 2487). Debits in dormant accounts - Two step verification. (Comm. 2487). Fax Transactions - Original DIS has to be obtained within 3 working. B Samrish & Co. Execution of transactions based on receipt of digitally-
  • 40. DELIVERY INSTRUCTION SLIPS : Areas of concern  Issuance Of DIS booklet  Misuse of DIS booklets  All rights with one person – especially in branches  Issue of DIS booklets without requisition slips  Blank signed DIS accepted at DP’s office  Reconciliation with broking back office  High value transaction verification  Execution of transaction in dormant account B Samrish & Co.
  • 42. ACCOUNT CLOSURE  Closure initiated by BO  Closure initiated by DP B Samrish & Co.
  • 43. Initiated by BO  Duly filled ACF/Letter from BO  Signatures of all BOs  In case of transfer of holdings –  Duly filled in instruction slip  Transaction statement for the quarter  Account closed / to be closed  Proof of despatch  Final statement of account showing zero balance B Samrish & Co.
  • 44. Initiated by BO  Power of Attorney holder cannot close  Procedure for transfer to be initiated within 2 days from date of receipt B Samrish & Co.
  • 45. Initiated by BO  Closure with pending demat  Non responding issuers / RTAs  BO to submit  A letter in prescribed format requesting rejection  A letter giving details of DRN details duly signed and stamped by the DP  DP to follow up with Issuer?RTA for rejection B Samrish & Co.
  • 46. Withdrawal of DP  Option to BOs  Transfer to another DP  Rematerialise B Samrish & Co.
  • 47. Shifting of account  New account in the same order of names  Documents to be submitted  ACF  Instruction slip – duly filled  Unused debit instruction slips  Client master report – stamped and signed by new DP  Verification of names and order of names B Samrish & Co.
  • 48. Initiated by DP  Reasons such as : Non payment of dues  Violation of agreement with the DP  Transfer to another DP/ Main DP due to closure of branch / Main DP  Notice of 30 days specifying the reasons  Proof of despatch and copy of the notcie to be maintained  No response – DP can initiate  Transaction statement – as per ‗closure initiated by BOs‘ B Samrish & Co.
  • 50. New Arrivals  Communiqué no. 846- Safeguards regarding issuance/ use/ execution of DIS and booklets  Issue only one booklet containing not more than 20 slips for individual account holder and not more than 100 slips for nonindividual account holder, at a time.  In case of the booklet reported lost/ stolen/ not traceable by the BO, the unused DIS of the said booklet must be cancelled.  Subsequent issue of DIS booklet to the BO should be only after BO has used not less than 75% of the slips contained in the previous DIS booklet B Samrish & Co.
  • 51. New Arrivals  Not to issue more than 10 loose DIS to one BO in a financial year (April to March).  The loose DIS should be signed in the presence of an authorised DP official.  DP should mandatorily verify with the BO before acting upon the DIS , in case of dormant account whenever all the ISIN are transferred at a time.  To record the details of the process, date & time of verification (on DIS under his sign) of the transaction where BO has 5 or more ISINs and all such ISINs are transferred at a time. B Samrish & Co.
  • 52. New Arrivals Communiqué no. 847- Future-dated transactions  DPs were instructed to exercise care while entering future-dated transactions so as to prevent error, especially in the future date of the transaction as transaction with execution date greater than 10 days from the date of entry/ upload on the CDSL system will fail. B Samrish & Co.
  • 53. New Arrivals Communiqué no. 884 dated 27.04.2007 – Cautionary note in delivery instruction slip:  ―Blank & Signed DIS should not be left with your DP/ Broker‖- Rider should be added to DIS.  As and when new stock are ordered. B Samrish & Co.
  • 54. Common violations in DP operations  1. The inventory control mechanism for instruction slip booklets is not proper.  2. Physical inventory of instruction slip booklets is not tallied with the inventory records at prescribed intervals.  3. Some of the DIS issued to BOs do not have pre-stamped BO ID and/or pre-printed serial number.  B Samrish & Co.
  • 55. Common violations in DP operations  4. Some delivery instruction booklets are issued to the BOs without keeping requisition slip (which forms part of the earlier issued instruction slip booklet and has pre-printed instruction slip serial number range of the booklet), on record.  5. The instruction slip numbers are not verified, at the time of receipt from BO, against the issue details.  6. In some cases, instructions are executed by the DP on the basis of instruction slips which are not signed by all joint holders or which are not signed as per the ‗mode of operation‘. In some cases, the instructions are executed in spite of prima-facie mismatch of signatures. B Samrish & Co.
  • 56. Discrepancies in the inspection report  As explained/ informed by DP in case of:  Inventory control  Issue of first DIS  Procedure to be followed in case of issue of DIS without requisition slip  Dormant account  Fax indemnity  Blocking of DIS B Samrish & Co.
  • 57. New Arrivals Communiqué No. 956 dated 14.09.2007- Supervision of branches of Depository Participants:  To keep record of identification documents (including photo- identification) of all persons engaged in DP operations (1) at their main office (2) at all live-connected branches, and (3) at back office connected branches B Samrish & Co.
  • 58. New Arrivals  To maintain documentation at the main office regarding the scope of activity of each branch (live or back office). This document should include the following aspects: (1) Services being provided by each branch (2) Authorization levels of each type of transaction i.e. - maker/ checker - limits based on value of transaction. (3) Record-keeping policy, including exception reporting mechanism, maintenance of registers, agreements, inventory of instruction slip booklets, reconciliation procedures (if any documents are forwarded to the main DP) B Samrish & Co.
  • 59. New Arrivals  To ensure that all live connected branches as well as back office connected branches display the types of services provided by each of them. The display board/ chart should be prominently visible to the clients. The DO‘S and DONT‘S should also be displayed similarly. B Samrish & Co.
  • 60. Back office software  Mandatory from 1st April 2007 for DPs with more than 500 accounts  Minimum features  Maker-checker  Approval of verifier required for slips with value transactions more than Rs.5 lakhs  Capture of BO signature and retrieval for verification B Samrish & Co. of
  • 61. Back office software  Minimum features ( contd…)  Proper records of instruction slips  Inventory control  Details of serial numbers issued to a BO  Verification of issue details with instruction slip serial no. submitted for execution  Blocking of serial numbers already used  Facility to block serial numbers – reported as lost/ misplaced B Samrish & Co.
  • 62. Back office software  Matching of statement of transaction from CDAS with backoffice  Sample selected – bigger clients  Generate statement of transaction from CDAS and Backoffice for the same period and compare  Back office (including web site) is updated regularly  Check update procedure and frequency  Back up of data residing in back office B Samrish & Co.
  • 63. Back office software  Back office network connected to Internet  Try accessing portals – preferably government sites  If connected to internet  Check from system personnel for installation of firewalls  Check system policy for access rights  Back office network connected to CDSL  Check upload procedure  Mechanism to ensure integrity of files  Check system controls  Check access controls B Samrish & Co.
  • 65. Transmission  Transmittee BO with CDSL DP  Receipt of intimation of death  Notarized copy of Death Certificate  No execution of any instruction other than transmission request B Samrish & Co.
  • 66. Transmission Joint holders Sole holder Nomine e Holding > 100000 Holding < 100000 B Samrish & Co.
  • 67. Transmission  Death of one of the Joint Holders  Transmission in favour of surviving joint holders  Duly filled in TRF  Notarized copy of death certificate  Client master –DPA5 of the surviving joint holders if a/c is with other CDSL DP  Transposition form - If a/c in different order of names B Samrish & Co.
  • 68. Transmission  Death of Sole Holder – Nominee  Duly filled in Transmission request form(TRF)  Notarized copy of death certificate  Client master-DPA5 report of the nominee‘s a/c if a/c with other CDSL DP B Samrish & Co.
  • 69. Transmission  Death of sole holder - No nomination – value of holding > 100,000  Duly filled in TRF complete all respect  Notarized copy of death certificate  Any of the following :  Succession Certificate  Letter of Administration  Probate of the will  In case of multiple successors- Each successor should submit separate TRF B Samrish & Co.
  • 70. Transmission  Death of sole holder - No nomination – value of holding < 100,000  Duly filled in TRF complete all respect  Notarized copy of death certificate  Letter of surety  Letter of indemnity  Affidavit from applicant  No objection letter from legal heirs who are not applicants B Samrish & Co.
  • 71. Transmission  Statement of transaction to the transmittee after transmission B Samrish & Co.
  • 72. Pledge/ Unpledge  PLEDGE :  Pledgor & Pledgee must have active accounts in CDSL DP  PRF should be complete in all respects  PSN should be recorded on the PRF  Pledgor DP to send PRF and system generated letter to pledgor  Copy of PRF to be kept on record  Acceptance of pledge – on the basis of PRF signed by pledgor DP B Samrish & Co.
  • 73. Pledge/ Unpledge  Unpledge  Initiated by pledgee – auto unpledge  Initiated by pledgor - acceptance by pledgee DP  URF should be complete in all respects  Invocation  IRF should be complete in all respects B Samrish & Co.
  • 74. Rematerialization  RRF in duplicate signed by all the holders  RRN to be generated on CDAS on the working day from the date of receipt same day or the next  RRN noted RRF to be sent to Issuer/RTA within two days of receipt of RRF  Follow up with RTA if not honoured within 30 days from the date of receipt of RRF by the RTA  Corrective action for rejected RRF B Samrish & Co.
  • 75. Freeze /Unfreeze  Initiation of Freeze  BO as safekeeping measure  DP based on instructions received from CDSL or statutory / regulatory authority  CDSL based on instructions received from statutory authority  Verification of signature – BO initiated freeze  Acknowledgment letter to be sent to the BO B Samrish & Co.
  • 76. Freeze /Unfreeze  Records to be maintained  Freeze/ unfreeze requests received from BOs  Orders from statutory authorities  copies of acknowledgement sent to BOs  Record of despatch of acknowledgement copy B Samrish & Co.
  • 77. Power of Attorney (POA)  Verify signatures of the BO  If POA is granted by all joint holders to one person , POA should be signed by all such holders  Copy of POA – certified as ―true copy‖ by BO  Notarization at the discretion of the DP  If expiry date is mentioned on POA, the same should be captured in CDAS  DP to have internal controls for expiry date B Samrish & Co.
  • 78. Power of Attorney (POA)  DP to have internal controls for expiry date  POA to single entity should not have any clause which is detrimental to the interest of the BO  Delivery Instruction slips to be issued only to POA holder and not to the BO  Instructions to be routed only through the POA holder  Merger of balances kept under various accounts to nullify the debit in any other account of the client without taking any further instructions from the constituent  Lien on the securities of the clients towards realization of the dues including broking related operations. B Samrish & Co.
  • 79. BO Grievance  BO Grievance  Register to be maintained  BO grievance report on monthly basis to CDSL  Resolve the grievance within 30 days  Email id for grievances(comm.816) B Samrish & Co.
  • 80. Transaction statements  Main DP to send transaction statements to all BOs including branch BOs  Transaction statements to be sent at least once at the end of every month, if there has been any transaction. In any event, such statement has to be sent once at the end of each quarter to all BOs  Maker checker concept in all other transaction to check unauthorized transaction B Samrish & Co.
  • 81. Records & Documents  Proper filing system and maintenance of details of files for easy retrieval  If records are shifted to a different place – a log of such files  Proper records of retrieval B Samrish & Co.
  • 82. Records & Documents  Separate record for each depository.  Maintain records for a minimum period of 10 years  Verify arrangements made for storage of documents  Maintenance of proper details  May check on sample basis  Compliance officer  Employee of the DP  Intimation of change to the depository B Samrish & Co.
  • 83. Records & Documents  Concurrent audit of risk prone areas  Report on monthly basis  Action taken by the DP  Concurrent auditor to inform the serious non-compliances to depository B Samrish & Co.