Filetype Word DOC | Posted on 08 Aug 2022 | 3 years ago
Authentication
digital resources
175x Filetype DOC File size 0.39 MB Source: ncdex.com
(On the letter head of the Member)
CHANGE IN DESIGNATED PARTNERS / PARTNER(S)
Instruction for Submission & filling‐up documents (for Member’s reference only):
STAGE – 1: Submission of Documents for prior approval of the Exchange / Clearing
Corporation
Document Particulars Compliance
Ref. No. (Yes / No /
NA)
CDP-1 Application for change in Designated Partner(s) / Partners of the firm due to
Reconstitution (Appointment and Resignation) / Re-designation of Designated
Partner.
a) For being appointed as a Designated Partner, a person should not be less than 21 years
of age.
CDP-2 Revised / Amended Draft Partnership Deed on the legal-size paper before
submission to ROC (to be submitted only in case of reconstitution)
CDP- 3 Certified* PAN Card copy of Incoming Designated Partner(s) / Partner(s)
*Self-certified copy / Authorised signatory/compliance officer certified
CDP-4 Proof of Address of Incoming Designated Partner(s)
*Self-certified copy / Authorised signatory/ compliance officer certified
a) List of valid address proof (any one):
i. a) Copy of Aadhaar Card and;
b) Aadhaar consent as per the format stated at Annexure 4a(i).
ii. Copy of valid Passport
iii. Copy of Voter ID
iv. Copy of any utility service like telephone, gas, electricity, etc. depicting the address
of the premises in the name of the owner or document, as the case may be, which
is not older than two months.
v. Bank statement / passbook (With entries not older than two months) duly signed
and stamped by bank official with his code no, name and branch along with the sign
and stamp of the continuing designated Partner.
CDP-5 Proof of Experience of Incoming Designated Partner / Bio data of the Incoming
Designated Partner
(Minimum two years as provided under the sub rule (4A) and Rule 8 of Securities
Contracts (Regulation) Rules, 1957)
a) Experience Certificate submitted is on the Letterhead of the Issuing Entity
b) Note:
1. The incoming Designated Partner shall have capital market experience of at least
two years with any of the following entities in the capacity as director / portfolio
manager / investment consultant / employee:
• Stock Broker (previous / present experience)
• Sub-broker / Authorised Person / Remisier
• Asset Management Company
• Merchant Banker
• IOSCO affiliated foreign entity
• Mutual Fund
• Authorised agent or authorised clerk or authorised representative or apprentice
to a member of a recognised stock exchange, dealer, jobber or market maker
• Bankers – In case banks are applying for currency derivatives segment or the
wholly owned subsidiary of Banks are applying for membership across
segments, the experience letter issued by the bank may be considered
(On the letter head of the Member)
Document Particulars Compliance
Ref. No. (Yes / No /
NA)
• Experience in dealing in securities market for a period of at least 2 years as a
client / investor. Experience letter from stock broker or a self-certified letter by
incoming designated partner director in this regard shall be submitted along with
the relevant supporting documents viz. contract notes, demat statement & ledger
2.
CDP-6 Proof of Educational Qualification of Designated Partner (s):
a) Educational Qualification to be at least / minimum HSC or equivalent
b) Certified copy by C.A / CS.
c) In case, proof of educational qualification is in a different name, proof of name change i.e
(marriage certificate / passport in new name / Affidavit) duly signed by continuing
Designated Partner needs to be submitted.
CDP-7 Standard Undertaking
a) If yes is mentioned in any of the points of standard undertaking, then details are
mentioned in “Annexure to Undertaking”
b) Each page of standard undertaking has to stamped and signed.
CDP-8A Details of Partners (before change)
a) To be submitted in the specified format, duly certified by a Chartered Accountant /
Company Secretary in Practice, only if there are changes since the last approved by
the Exchange / Clearing Corporation and present details of partners.
b) In case of no changes from the last approved details of partners, submit the certified
copies (by continuing Designated Partner/ Compliance officer / Authorised Signatory (ies)
(as authorized by Partners consent ) under rubber stamp).
CDP-8B(i) Details of Partners (with proposed changes)
a) To be signed by Designated Partner/ Compliance officer / Authorised Signatory (ies) (as
authorized by Partners consent) under rubber stamp of company for proposed changes.
Note: Certification by Chartered Accountant / Company Secretary in Practice is
not required for proposed changes
CDP-9 Undertaking (for Incoming Designated Partners (s))
a) Each page of Undertaking shall be signed by one of the continuing Designated Partner/
Compliance officer / Authorised Signatory (ies) and by incoming Designated Partner.
b) All details are mentioned in the undertaking are complete in all respects
c) If any point is answered as “Yes”, a separate sheet is submitted giving details, duly
signed by the Incoming and continuing designated partner/ Compliance officer /
Authorised Signatory (ies)
CDP-10 PEP Undertaking
CDP-11 Details of Shareholding and Directorship of Directors in other entities
CDP 12 Partnership Resolution
1. CDP 12(a) – Suggested format of Partnership Resolution for Resignation as
Designated Partner /Partner (s)
2. CDP 12(b) - Suggested format of Partnership Resolution for Appointment as
Designated Partner / Partner (s)
NOTE-1 If any document, proof or affidavit is submitted in regional language apart from English
and Hindi, the translated copy duly notarized by the notary is submitted.
STAGE – 2: Submission of Documents for effecting the change in designated partners / partners in records
(On the letter head of the Member)
of the Exchange / Clearing Corporation, post approval of the Exchange/Clearing Corporation for Stage 1:
1. Letter duly signed by Designated Partner confirming implementation of proposed change(s) in Yes / No
partner(s) / Designated partner (s)- as approved by the Exchange / Clearing Corporation.
CDP Details of all partners after implementation of the proposal as per the specified format, Yes / No
– duly signed by Designated Partner/ Compliance officer / Authorised Signatory (ies) under the
8B(ii) rubber stamp along with the certification of Chartered Accountant / Company Secretary in
practice.
Other Documents: Yes / No
a) Copy of Executed Revised / Amended Partnership Deed after due submission to ROC Yes / No
b) Copy of the e-form 4 / e-form 4A along with copy of payment challan filed with ROC
c) In case, the outgoing Designated Partner was also acting in the capacity of Designated Partner / Yes / No
Principal Officer for FIU-India, the copy of intimation made for appointment of new Designated
Partner / Principal Officer for FIU-India should be submitted.
d) Other documents (if any) as mentioned in the NOC issued by the Exchange for prior approval of Yes / No
change in designated Partner.
CDP-1
Application for Changes in Designated Partner(s)
(On the letter head of the Member)
Date: ___________
To,
The Membership Department
National Commodity & Derivatives Exchange Limited (NCDEX)/ National Commodity Clearing Limited
(NCCL)
1st Floor, Akruti Corporate Park ,
LBS Marg, Kanjur Marg (W)
Mumbai- 400078
Sub: Change in Designated Partners / Partners
Ref : SEBI Registration No. INZ_____________
Other Membership details :
Member ID Name of the Exchange / Clearing Corporation / Depositories
We, __________________________ (Name of the Member), hereby seek your prior - approval / post –
facto approval for change in designated partners(s) as per the details given below:
Sr. Particulars of Changes Name of the Applicable Proposed /
No. Partner (Yes / No / Post-facto*
NA)
1# Admission of Designated Partner / Partner
2# Discontinuation of Designated Partner / Partner**
3 Re-designation from Designated Partner to Partner
4 Re-designation from Partner to Designated Partner
* Post-facto changes are the changes already effected by the member without obtaining prior approval from
the Exchange / Clearing Corporation. It should be noted that, post facto changes carried out by the member
shall attract penalty / disciplinary actions as specified in Circulars issued by Exchange(s) / Clearing
Corporation(s) from time to time.
Reason for Admission / Discontinuation / Re-designation of Designated Partner/Partner :
______________.
# Applicable in case of reconstitution of the firm.
Further, we confirm that:
1. The incoming designated partner (s) does not have interest in any other membership of the Exchange in
the capacity of Proprietor / Managing Partner / Designated Partner / Designated Director in any other
membership of the Exchange.
2. The Incoming Designated Partner is not an Authorised Person of any member of the Exchange.
3. The applied change does not affect the requirement of minimum two Designated Partners in the Member
Entity at any given point of time.
no reviews yet
Please Login to review.
