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SBI RTI Reply


theinescapeable

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theinescapeable

Hello,

i ASKED the following

1) procedure and documents required to transfer shares of a deceased person if he has a nominee

 

 

2)procedure and documents required to transfer shares of a deceased person if he doesnt have a nominee

 

 

 

 

and i am attaching SEBI's reply . I dont think it has been rejected based on logical and legal thinking and i didnt frame my RTI as Question

 

 

waiting for your advice

 

 

regards

 

 

TheInescapeable

sebi.jpg

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rtiindia

Hi theinescapeable and welcome to RTI INDIA- Right to Information! This is an introductory reply and members of our forum shall reply to your specific query shortly.

 

You have just made a post at our community which is dedicated to helping you in matters of Right to Information. If you are new to RTI, you should read this article here What is Right to Information? - Guide. And if you are interested in reading the whole RTI Act please go to the following link: Right to Information Act 2005 [RTI Wiki]

 

PLEASE NOTE: We may not be able to answer your query conclusively, if it is not related to RTI, like finding a mobile number, vehicle registration number etc. These are not related to RTI.

 

theinescapeable here are some more links for you to explore about #RTI:

 

1. Download RTI Forms: http://www.rtiindia.org/forum/docs/cat/11-sample-rti-forms/

2. Read here about How to Become RTI Activist

3. Read here http://www.rtiindia.org/law/rti-online/'>http://www.rtiindia.org/law/rti-online/

4. Here you shall find various Centre / State RTI Rules and Fees: http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/

5. Read here about various case laws of RTI: http://www.rtiindia.org/law/

 

Thank You!

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Prasad GLN

'to err is human' file first appeal with more stronger language that they can only understand. If you want the information, you can as well get it by searching in google.

(The RTI Application is also not proper. Applicant should have asked for the laid down procedure for settlement of claims in case of a share holder, without nomination. Further, a mere application from any legal heir to company is sufficient and they will send all the forms to legal heirs for such claims)

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theinescapeable

Thanks for your reply

 

But if the PSB were so forthcoming in providing the information instead of passing the buck , I don't think most of us would care to file RTI

 

If the language is a problem in my RTI I shall correct it .

 

On what basis is the first appeal to be filed

 

Regards

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Prasad GLN

Grounds for Appeal: CPIO has not provided relevant information on laid down norms for settlement of claims in case of shares holding by a deceased without nomination. Applicant has not sought any clarification and wished to know the laid down procedure for claims.

Prayer: Appellant prays for directing CPIO to provide the information as expeditiously as possible free of cost the copy of such laid down procedure stated through circulars/norms/directives.

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koteswararaonerella

the SBI-CPIO has given you correct reply . and he has not erred, as what you wanted is only clarification and not information. in this type of cases the general practice is to approach the designated counter in the bank and seek guidance , but by sending RTI you cannot always get replies where it is not a necessity.

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theinescapeable

How is this clarification? Did I ask him to answer in either yes or no ?..it was asking information (procedure) as laid down by SEBI...if banks had been so helpful I don't think I would have filed an RTI in the first place

 

Regards

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karira

This SEBI PIO needs to get himself seriously examined !

 

This information that you asked should actually be available on the website under Sec 4 suo motu disclosure - under sub sections 4(1)(b)(iii) & (v):

 

(iii) the procedure followed in the decision making process, including channels of supervision and accountability;

(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

 

File a very strong first appeal and demand that this type of information should be disclosed suo motu (as explained above) and why are citizens being made to request for information which they are supposed to disclose on their own.

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theinescapeable

Thank you sir

 

And also I want to clarify that in my reply I don't mean to demean seniors to me .we are here to help each other out in a gud cause

 

Regards

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theinescapeable

Also please state the reasons I can file in the first appeal to make the cpio improve upon his gross negligence

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jps50

You may go for first appeal by referring:

 

FIRST APPEAL GUIDE [CENTRAL]

http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html

https://app.box.com/s/b8fzybbgurwvtd74ncnd'>https://app.box.com/s/b8fzybbgurwvtd74ncnd

 

FIRST APPEAL FORMAT [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/17-first-appeal-central-govt-format.html

https://app.box.com/s/b8fzybbgurwvtd74ncnd

 

Ground for first appeal:

 

1. Information sought by me conforms to definition of information as defined in section 2f and 2i. No where I have sought clarification.

 

2. Information should have been declared proactively under section 4(1)(b)(iii) & (v).

 

3. Information can be denied under section 8 or 9 only, as mandated in section 7.1

 

4. CPIO has not given justification for his decision that what I have sought is clarification.

 

5. Clarification if any on record too has to be provided under RTI Act

 

6. SEBI must be having on its record procedure prescribed by it for transfer or transmission of shares of deceased share holder in case of nomination and in case of no-nomination.

 

In case of death of share holder it is called transmission to nominee or heirs. You may visit

 

http://www.sebi.gov.in/faq/standardreplies.pdf [item 18]

Procedure for Transfer of Shares under Companies Act, 2013

 

or https://nsdl.co.in/services/trans.php

 

I understand that there is a provision in SEBI guidelines that if value of shares is below Rs.100000/-, company can transmit shares to heirs based on letter of indemnity and guarantee, if there is no nomination. In such a case there is no need of succession certificate etc. Please refer:

 

http://www.dfpcl.com/dfpcl/pdf/forms/Deed-of-indemnity-cum-surety-by-legal-heirs-for-transmission-of-shares-debentures.pdf

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Sir

 

Its been 36 days since i filed my First Appeal

 

What should i do next as i havent received any reply from FAA

 

Regards

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karira

Time limit for first appeal is:

 

30 days for FAA to pass an order

He can take another 15 days, provided he records the reasons for taking extra time - in his order.

Add another 10 days for postal delays.

 

Total = 30 + 15 + 10 = 55 days from date of receipt of first appeal by FAA.

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As per member's advice i did file a First Appeal

 

Attached please find the Decision of FAA

 

 

Can anything be done further or is the decision sound

 

 

Kind Regards

SebiFAAPage1.jpg

SebiFAAPage2.jpg

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karira

File a second appeal immediately using the same grounds as the first appeal.

 

Second appeal to be filed with CIC, New Delhi.

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Sir

 

Can you please give me a proper format

 

And what documents do I have to include with second appeal

 

And reasons stated ?

 

Online filing or by registered post

 

 

Kind regards

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jps50

I request you to kindly refer following link and complete prescribed procedure. Please refer attachment and also following link and links given by SEBI:

 

https://nsdl.co.in/services/trans.php

 

 

  1. While transfer of shares relates to a voluntary act of the shareholder,transmission is brought about by operation of law. The word 'transmission' means devolution of title to shares otherwise than by transfer, for example, devolution by death, succession, inheritance, bankruptcy, marriage, etc.
     
    You may search SEBI link for formats and also detailed guideline.

SHARE TRANSFER.pdf

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jps50

In heading it is mentioned SBI instead of SEBI and hence one gets confused. Please also refer my post No. 13

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Prasad GLN

Second appeal format is so simple. The difference between first and second appeal is only the Chronological index of events. You can search in CIC website for the format, it is much easier.

Chronological index is nothing but narration of events and page no as index.

Chronological index.

_________________________________________________

S.No....EVENT.............................Date.............page No

_________________________________________________

1 RTI Application:.................. .

2 PIO response ......................

3 First Appeal......................

4. FAA orders......................................

Copy of second appeal sent to PA.......

____________________________________________

Essentials are

Appellant Name and Address.

Address of Public Authority officials.

CPIO

FAA

Brief facts: Narration of happenings.

Grounds for appeal in three tabulated columns

Solicited.......Provided by PIO..........Reasons for unsatisfactory response as per applicant.

1

2

3

 

4:Prayer:

5.Verification: The above information is true to the best of my knowledge and information.

6.Signature.

 

Precautions

1)Sign on all copies invariably writing above your signature "attested"

2)Invariably mark copy to CPIO, and enclose service proof copy (postal receipt) with your appeal.

2.Send it by Registered post to CIC, AK Bhavan,Bhikaji Kama Place, New Delhi 110 066

4.After one week track delivery status.

5.After 15 days search in CIC website and note down your Number in Status of Appeals segment.

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