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        Corp. Laws, SEBI & IBC

        Unclaimed Investment Funds

        March 9, 2016

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        The details of assessment made by the Government regarding quantum of unclaimed investment funds at the end of the financial year 2015-16 can be assessed only after filing of financial statements ending 31.03.2016 by companies with the Registrar of Companies (RoC). In accordance with the provisions of section 137 of the Companies Act, 2013, such financial statement as at 31.3.2016 is required to be filed by company duly adopted at their Annual General Meeting (AGM), with RoC within thirty days of the holding the AGM. Such AGMs have to be held latest by 30th September, 2016 and such financial statements have to be filed by 30th October, 2016. Therefore, this information is not available with the Ministry.

        As per provisions of Section 205A(5) of the Companies Act, 1956, the unpaid dividend accounts of the companies which remain unclaimed/unpaid for a period of 7 years are mandatorily required to be transferred to the Investor Education and Protection Fund (IEPF). Failure to do so will attract penalties as provided in Section 205A(8) of the Companies Act, 1956. The corresponding provision of Section 124 (7) of the Companies Act, 2013 which lays down the penal provisions for non-compliance of transfer of unpaid/unclaimed dividend on expiry of 7 years to IEPF, is yet to be notified.

        Unclaimed and unpaid amount of ₹ 1273.66 Crore (approx.) has been transferred to IEPF after the expiry of the mandatory period of seven years, for the period from 2001-02 to 2015-16 (upto 26.02.2016).

        This was stated by Shri Arun Jaitley, Minister of Corporate Affairs in written reply to a question in the Lok Sabha.
        Transfer of unclaimed dividends to IEPF after seven years; filing and compliance timelines affect assessment. Obligation to transfer long unpaid dividend amounts to the Investor Education and Protection Fund arises after seven years, with penalties for failure under the prior statute; the corresponding penal provision in the new corporate statute remains unnotified. Assessment of total unclaimed investment funds depends on companies filing adopted financial statements with the Registrar of Companies within post AGM filing timelines, which determine when aggregated unclaimed amounts can be ascertained and reported.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Transfer of unclaimed dividends to IEPF after seven years; filing and compliance timelines affect assessment.

                              Obligation to transfer long unpaid dividend amounts to the Investor Education and Protection Fund arises after seven years, with penalties for failure under the prior statute; the corresponding penal provision in the new corporate statute remains unnotified. Assessment of total unclaimed investment funds depends on companies filing adopted financial statements with the Registrar of Companies within post AGM filing timelines, which determine when aggregated unclaimed amounts can be ascertained and reported.





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                              ActsIncome Tax
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