Insight On Investor Education And Protection Fund

I. Introduction:

Investor Education and Protection Fund (IEPF) is for promotion of investors’ awareness and protection of the interests of investors.  The provisions of sub Section (5) (6) & (7) of section 125 of the Companies Act, 2013 are effective from 13^th of January, 2016 vide MCA Notification issued by Central Government.

II. Procedure for transfer of amount to IEPF in case of unpaid/unclaimed dividend:

III. Amounts to be credited to IEPF:

1. The amount given by the Central Government by way of grants after due appropriation made by Parliament by law in this behalf for being utilised for the purposes of the Fund;
2. Donations given to the Fund by the Central Government, State Governments, companies or any other institution for the purposes of the Fund;
3. The amount in the Unpaid Dividend Account of companies transferred to the Fund under sub-section (5) of section 124;   (Transfer of amount to IEPF after the completion of 7 years period)
4. The amount in the general revenue account of the Central Government which had been transferred to that account under sub-section (5) of section 205A of the Companies Act, 1956, as it stood immediately before the commencement of the Companies (Amendment) Act, 1999, and remaining unpaid or unclaimed on the commencement of this Act;
5. The amount lying in the Investor Education and Protection Fund under section 205C of the Companies Act, 1956;
6. The interest or other income received out of investments made from the Fund;
7. The amount received under sub-section (4) of section 38; (Disgorgement/disposal of securities)
8. The application money received by companies for allotment of any securities and due for refund;
9. Matured deposits with companies other than banking companies;
10. Matured debentures with companies;
11. Interest accrued on the amounts referred to in clauses (h) to (j);
12. Sale proceeds of fractional shares arising out of issuance of bonus shares, merger and  amalgamation for seven or more years;
13. Redemption amount of preference shares remaining unpaid or unclaimed for seven or  more years; and
14. Such other amount as may be prescribed:

IV. Utilization of Funds :

The fund can be utilized for:

1. The refund in respect of unclaimed dividends, matured deposits, matured debentures, the application money due for refund and interest thereon;
2. Promotion of investors’ education, awareness and protection;
3. Distribution of any disgorged amount among eligible and identifiable applicants for shares or debentures, shareholders, debenture-holders or depositors who have suffered losses due to wrong actions by any person, in accordance with the orders made by the Court which had ordered disgorgement;
4. Reimbursement of legal expenses incurred in pursuing class action suits under sections 37 and 245 by members, debenture-holders or depositors as may be sanctioned by the Tribunal; and
5. Any other purpose incidental thereto, in accordance with such rules as may be prescribed:

V. Administrator of funds

In exercise of the powers conferred by sub-sections (5), (6) and (7) of section 125 read with section 469 of the Companies Act, 2013
(18 of 2013), the Central Government shall constitute an authority through Investor Education and Protection Fund Authority (Appointment of Chairperson and Members, holding of meetings and provision for offices and officers) Rules, 2016, notified on 13^th January, 2016.

VI. Composition of Authority:

1. The Authority shall consist of the following, namely:-
   1. Chairperson
   2. maximum of seven members
   3. Chief Executive Officer
2. The Chief Executive Officer shall be the convenor of the Authority.

VII. Functions of the Authority:

1. Subject to the provision of the Act, the Authority shall have the duty to administer the Fund for Investor Education and Protection.
2. The general management of the affairs of the Authority shall vest in the Chief Executive Officer, who may exercise powers, which may be authorised by the Authority.
3. The Chief Executive Officer shall function under superintendence and direction of the Chairperson.
4. Without prejudice to the generality of the provisions, the functions of the Authority shall include the following, namely:-
   1. The Authority may constitute permanent Committees for overseeing its functions;
   2. Each Committee shall comprise two members, Chief Executive Officer and concerned functional head, who shall be the secretary of the Committee. The Committee shall be headed by an ex-officio member;
   3. The Committee may invite experts with special knowledge and expertise, as and when required to assist it on any specific issue;

VIII. Auditors of the fund

The accounts of the Fund shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and such audited accounts together with the audit report thereon shall be forwarded annually by the authority to the Central Government.