NATIONAL COMMODITY & DERIVATIVES EXCHANGE LIMITED Circular to all trading and clearing members of the Exchange Circular No. : NCDEX/MEMBERSHIP-002/2016/160 Date : July 04, 2016 Subject : Submission of Annual Return 2015-16 In terms of Regulation 7.2.3 of Regulations of the Exchange, members are hereby advised to submit the Annual Return for the financial year ended 2015-2016. All members who have been activated for trading prior to April 1, 2016 are required to submit their Annual Return latest by October 31, 2016, in respect of financial year ended March 31, 2016. The members having their financial year ending other than March 31, 2016 are required to submit the said Annual Return within a period of 6 months from the close of their respective financial year. Such members are required to inform the Exchange of the different financial year followed by them within 15 days of this circular. If the members have changed their financial year from the one followed earlier, they shall also convey such details to the Exchange within 15 days of this circular. Members, who have already submitted any of the documents which are prescribed in this circular for any other purpose, are required to re-submit copy of the said documents pursuant to and in compliance with this circular. Members are aware that any change in Share Holding Pattern (SHP)/Dominant Promoter Group (DPG) requires prior approval of the Exchange. In case, the changes in SHP/DPG have been carried out by the member without the prior approval of the Exchange, such changes will be treated as violation and will attract penalties as per our Circular No. NCDEX/COMPLIANCE001/2010/089 of April 1, 2010. The applicable penalties will be recovered as soon as such violations are noticed from the Annual Return submitted by the members. Exchange may also take any other action apart from levying penalties prescribed in our above circular, including placing the trading terminals on square off mode. Inactive Members: Inactive members (defined for the purpose of current Annual Return submission) are those members who have not undertaken/will not undertake any trade on the Exchange from April 1, 2015 to October 31, 2016, may submit the Annual Return comprising of: 1. Declaration cum confirmation for Inactive Members (as per Annexure E) 2. Net worth certificate as per the format given in Annexure C-1 along with computation sheet (Annexure C-1A), duly certified by Statutory Auditors/Chartered Accountants. (Members are required to follow the same method for calculation of net worth as was being followed previously) 3. Annexure C-2- Details of other Exchange Membership 4. Annexure F - Contact details of Member. 5. Annexure G - Undertaking of Foreign share Holding 6. Financial Statements (which includes Balance Sheet, Profit & Loss Account, ncome & Expenditure Account, Directors’ and Auditor’s Reports) duly certified by CA. 1 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Online submission of Annual Return through NCFE: Members are hereby informed that they are required to upload their Annual Return (with all enclosures) through NCFE system in PDF format. We are providing help manual for the general awareness of the members for online submission of Annual Return through following path to NCFE: Access through Internet : ftp://extranet.ncdex.com/ Access through VSAT : ftp://172.31.4.27/ The user manual is stored in Common/ NCDEX Documents folder. Members are requested to strictly adhere to the formats as prescribed in this circular. Nonadherence to the same shall be treated as non-submission/ non- compliance with the requirements of this circular. For the sake of ease and ready reference, a checklist is enclosed for the members to fill up and submit along with the said Annual Return (Annexure– Checklist). Action for Non-Compliance Non-compliance/ non-submission of the above will result in appropriate action including levy of late/ partial/ non-submission charges at the rate of Rs. 200/- per day with effect from November 01, 2016 till the date of actual submission. Members are requested to ensure that all the applicable documents as above are submitted together before the due date. Piecemeal submission will not be accepted. Incorrect/Incomplete/partial/piecemeal submission of Annual return would be construed as non-submission and will attract non- submission /late submission charges as explained above. During the scrutiny of the Annual Return or later, if it is found that any document has been submitted incorrectly or incomplete, the Exchange at its sole discretion may levy late submission charges (as prescribed in this circular) as if the Annual Return was not submitted, till such time such correct document(s) are submitted again. Exchange may take any other action, apart from recovery of charges for late /partial/ incorrect/non-submission of Annual Returns. Members are advised that trading terminals of those members who fail to submit their Annual Returns by March 31, 2017, will be placed on Square off mode effective April 01, 2017. For and on behalf of National Commodity & Derivatives Exchange Limited Jayant Nalawade Chief Regulatory Officer For further information / clarifications, please contact 1. Customer Service Group on toll free number: 1800 26 62339 2. Customer Service Group by E-mail to: [email protected] 2 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com To, Membership Department National Commodity & Derivatives Exchange Limited Akruti Corporate Park L.B.S. Marg, Near G.E. Garden, Kanjur Marg (W) Mumbai – 400 078 Sub: Submission of Annual Return for financial year 2015-16 Dear Sir, With reference to the above subject, please find enclosed the following documents as per checklist. Checklist for submission of Annual Return Name of the Member TM/TCM /STCM/ PCM/TM with CTCL T M I D/UMC code allotted by FMC Permanent Account Number (PAN) of member entity Website URL of the member (If Any) Occupation of the member (Kindly tick wherever applicable) Annual submission for the year Farmer/Agriculturist Commodity Broker Trader Physical trader in Mandis Processor/ Manufacturer Any other – please specify 2015-16 3 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Sr. No. Annexure Description Enclosed (Yes/No) Financial Statements (which includes Balance Sheet, Profit and Loss Account/ Income and Expenditure Account, Directors’ and Auditor’s Reports) duly certified by CA Net worth Certificate along with computation sheet, duly certified by statutory auditors/CA. 1 Annual Accounts 2 C-1 and C-1A 3 C-2 Details of other Exchange(s) membership 4 C-3 Details of Directors/Partners duly certified by CA/CS 5 C-3A 6 C-4 7 C-5 Details of Dominant Promoter Group duly certified by CA/CS 8 C-6 Undertaking from Relatives/Corporate entities supporting the Dominant Promoter Group duly certified by CA/CS 9 D Declaration of Members’ Fidelity Insurance 10 E Declaration cum confirmation for Inactive Members ( Applicable for Inactive Members as defined in this circular) 11 F Present contact details of the Member Company 12 G Undertaking for Foreign Holding 13 H 14 I Member undertaking for Proprietor/Directors/Partners Undertaking from Directors/Partners/ Proprietor Details of Shareholding/Sharing Pattern duly certified by CA/CS Details of sales personnel or approved user who has passed any certification programme Associate Companies/Partnership/ Proprietorship Firm having direct/indirect interest in capital/ commodity market For any further communication in this regard, please contact the undersigned or Mr./Ms.____________________________ (Name of the contact person) on______________________(Contact Numbers) or email_______________________ Yours faithfully, Signature and stamp of the member entity Authorised Signatory 4 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure C-1 Trading Cum Clearing Members and Strategic Trading cum Clearing Members, Professional Clearing Members) Certificate dated submitted by ( T M I D ) to NCDEX CERTIFICATE This is to certify that the Net worth of M/s./Mr./Ms. as on __________ as per the statement of computation of even date annexed to this report is Rs. ____ Only (Rupees (in words) _____________) calculated as per L C Gupta method of Annexure C – 1A. We further certify that: the computation of net worth based on my / our scrutiny of the books of accounts, records and documents is true and correct to the best of my / our knowledge and as per information provided to my / our satisfaction. the computation of networth is in accordance with method of computation prescribed by Dr. L C Gupta Committee Report. The computation of net worth is in accordance with NCDEX requirement. We hereby confirm that we are not the related party to the aforesaid entity. Place: For (Name of Chartered Accountant Firm) Date: Name of the Partner/Proprietor Chartered Accountant CA Stamp and Membership Number 5 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com (To be provided on the Letterhead of the certifying Chartered Accountant) Annexure C – 1A Computation of Net worth of Members as part of Membership Requirements The Members are required to provide the net worth certificate as per the format provided in Annexure C – 1) Computation of Networth as on………………… prescribed by Dr. L.C. Gupta Committee is as follows: A. Capital B. Free Reserves C. Less Non-allowable assets viz., (a) Fixed Assets (b) Pledged Securities (c) Member’s card (d) Non-allowable securities (unlisted securities) (e) Bad deliveries (f) Doubtful Debts and Advances* (g) Prepaid expenses, losses (h) Intangible Assets (i) 30% of Marketable securities D. Total Net Worth(A+B-C) *Explanation: Includes debts/advances overdue for more than three months or given to associates For (Name of Accounting Firm) Name of Partner/Proprietor Chartered Accountant CA Stamp & Membership Number 6 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-2 Certificate dated _________submitted by___________to NCDEX Details of other exchanges Memberships as on 31.03.2016 Sr. No. Name Name of Exchange Membership Since Membership No. Type of Membership 1 2 3 4 5 6 7 8 9 Date : Place : Authorised Signatory/ies 7 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-3 Certificate dated_________submitted by______________to NCDEX Details of Directors/Partners/Proprietor/Society Members as on 31.03.2016 Sr. No. Name Fathers Name Nationality @ Experience (No. of Yrs) PAN No. Education Qualification Date Residential of address Birth Contact no. and email id Date: Signature(s) (Authorised Signatory/ies) Place: NOTES : @ e.g Resident Indian, NRI, PIO ( citizen of ….. ), Foreign National (citizen of …. ) #: For each of these memberships, give details of disciplinary action, if any, taken by the Stock / Commodity Exchange or any other regulatory authority in respect of these memberships with dates in the following format: Expulsion Suspension Default Any other disciplinary action or enquiry against the member 8 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Directorship /controlling shareholding in other cos.# CERTIFICATE This is to certify that the details of directors/partners/proprietor……………. as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our knowledge and as per information provided to my/our satisfaction. Place: Date: For (Name of CA/CS firm) Name of Partner/Proprietor of Chartered Accountant/Company Secretary CA/CS Stamp and Membership Number 9 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure C-3A Member undertaking from Directors/Partners/ Proprietor (On Member’s Letter Head) Date: To, The Membership Department National Commodity & Derivatives Exchange Limited 1st Floor, Akruti Corporate Park LBS Marg, Kanjur Marg, (West) Mumbai 400 078 Dear Sir, “I/We ______________ (name of the designated director) and _____________ (name of another designated director) hereby confirm/declare/undertake that the ______________ (name of the Member entity) and its directors, designated directors and shareholders a. Are not debarred/suspended/declared defaulters by SEBI/FMC/RBI/any recognized Stock Exchange/any recognized Commodity Exchange. b. Are not connected with any of the defaulting/suspended member of any Stock Exchange/Commodity Exchange. c. There are no complaints/disciplinary action against us at SEBI/FMC/RBI/ any recognized Stock Exchange / any recognized Commodity Exchange. d. No investigation/enquiry/adjudication/prosecution or any other action including consent proceedings, administrative warning, caution or advisory letter, etc. by SEBI/FMC/RBI/ any recognized Stock Exchange/ any recognized Commodity Exchange has been initiated/is pending against us or undertaken against us. e. No action in respect of deviations in our commodity broking operations has been initiated against us by any of the commodity exchanges pursuant to inspection/audit. f. Are not, at any point, involved in any type of money laundering activities. g. Have not, at any point, committed any act and / or have not any time convicted for any act involving threat to the public/national interest. h. the incoming designated director is eligible to be appointed as director and meet the eligibility criteria specified in Securities Contracts (Regulation) Rules, 1957 (Rule 8(4A) and other relevant provisions) and SEBI (Stock Brokers & Sub-brokers) Regulations, 1992 10 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com i. There is no adverse comment against us or our directors / partners / proprietors / promoters / Top five shareholders in the following: Defaulters list of RBI as available at www.cibil.com - Suit filed cases – (as per latest data available) i Suits filed of Rs.100 lakh and above ii Suits filed of Rs.25 lakh and above Prosecution list of CIS and non-CIS cases on the SEBI website (as per latest data available) in i. Database of prosecution launched against CIS entities ii. Database of prosecution launched against other than CIS entities List of companies & Directors/shareholders/ proprietors against which orders have been passed U/s 11B of SEBI Act. (As per latest data available in Vanishing Companies under Issues and Listing, on www.sebi.gov.in) I/We declare that the information given above is true. In case of any action/complaints/investigation/enquiry by any Statutory Agency/Regulatory Agency /Stock Exchange/Commodity Exchange in future, I/We undertake to intimate the Exchange immediately. I/We declare that the information given above is true and any misstatement or misrepresentation or suppression of facts in connection with the above undertaking may entail rejection of our application or expulsion of our Membership. Yours faithfully For (Name of the Members) (To be signed by two Directors/ two Partners / Proprietor/Karta) 11 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-4 (For Corporate / Institutions) Certificate dated_________submitted by______________to NCDEX Share Holding Pattern of as on 31.03.2016 Sr. Name # No. Nationality/ Residential Status of each shareholder @ Number of Shares held (of Face value of Rs_____) Amt paid % of totalPAN Nos. @@@ up ( Rs ) 1 2 3 4 5 6 7 8 Others @@ TOTAL 100.00 % 1) We have not changed the Shareholding Pattern and/or DPG since the date we joined NCDEX as a member. OR 2) After becoming the member of NCDEX, we have changed the Shareholding Pattern in the past after seeking prior approval of NCDEX and the Shareholding Pattern and/or DPG given above was effected on .............................. after seeking the approval of NCDEX vide its letter/s ref……… ............ dated................................... (Delete whichever of the above two is not applicable) I/We hereby state that the above-mentioned particulars are true, correct and complete to the best of my/our knowledge and information. I / We also state that no relevant material fact has been suppressed. Date: Place: Authorised Signatory/ies 12 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com NOTES: # In case of Body corporate, give similar details thereof separately. Partnership firm, give names of all partners and the sharing pattern @ e g Resident Indian Individual, NRI individual , PIO ( citizen of …… ), Foreign National ( citizen of ………………), Indian Co. not having any foreign and/or NRI/PIO shareholders, Indian Co. with foreign and / or PIO/NRI shareholders ( if so the shareholding pattern of such shareholder co. should also be submitted in same format ), Foreign Company ( with its country of incorporation ) etc. @@ Persons holding 2% or more of the paid up capital should be shown separately and not clubbed in Others. @@@ Copy of PAN card for Person holding 10% or more of paid up capital should be enclosed. CERTIFICATE This is to certify that the Shareholding in as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our knowledge and as per information provided to my/our satisfaction. Place: Date: For (Name of CA/CS firm) Name of Partner/Proprietor of Chartered Accountant/Company Secretary CA/CS Stamp and Membership Number 13 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-4 (For Partnership Firms) Certificate dated ___________________ submitted by__________to NCDEX Sharing Pattern of ______________ as on 31.03.2016 Sr. No. Name of Partner Nationality/ Residential Status of each Partner @ Capital in Share in the Firm Profits (Rs ) (%) Share in Losses (%) 1 2 3 4 5 6 7 8 9 10 TOTAL 100 % 100 % 1) We have not changed the Sharing Pattern and/or DPG since the date we joined NCDEX as a member. OR 2) After becoming the member of NCDEX, we have changed the Sharing Pattern, last such change in Share Pattern was carried out on ___________after seeking Exchange approval (vide NCDEX letter/s ref ............................dated ..................................) (Delete whichever of the above two is not applicable) I/We hereby state that the above-mentioned particulars are true, correct and complete to the best of my/our knowledge and information. I / We also state that no relevant material fact has been suppressed. Date: Signature(s) Place: (Authorised Signatory/ies) 14 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com NOTES: 1. Please provide the details of all the partners in the table given above. 2. Please identify the dominant partners from among the partners given above. If any partner(s) is a company, please furnish the shareholding of that company. 3. @ e g Resident Indian Individual, NRI individual , PIO ( citizen of ……… ), Foreign National (citizen of ………………), Indian Co not having any foreign and/or NRI/PIO shareholders, Indian Co with foreign and /or PIO/NRI shareholders (if so the shareholding pattern of such shareholder co should also be submitted in same format ), Foreign Company ( with its country of incorporation ) etc. CERTIFICATE This is to certify that the Capital and Sharing Pattern of as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our knowledge and as per information provided to my/our satisfaction. Place: Date: For (Name of CA/CS Firm) Name of Partner/Proprietor of Chartered Accountant/Company Secretary CA/CS Stamp and Membership Number 15 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-5 (For Corporates & Partnerships) Certificate dated ______________ submitted by _____to NCDEX Details of Dominant Promoter Group as on 31.03.2016 Sr. No. Name of Dominant Shareholder Person / Relation Corporate (Self / supporting Corporate) dominant share holder No. of shares Amt Paid Up (Rs) % of Total @ held / Profit @ Sharing @ Self Relative / Corporate Support Self Relative / Corporate Support Self Relative / Corporate Support Total 1) We have not changed the DPG Pattern since the date we joined NCDEX as a member. OR 2) After becoming the member of NCDEX, we have changed the DPG Pattern in the past after seeking prior approval of NCDEX and the last DPG Pattern change with Exchange approval was effectedon............................... (NCDEXapprovalvideitsletter/s dated................................... ) ref............................. (Delete whichever of the above two is not applicable) I/We hereby state that the above-mentioned particulars are true, correct and complete to the best of my/our knowledge and information. I / We also state that no relevant material fact has been suppressed. Date: Place: Signature(s) (Authorised Signatory/ies) 16 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Total CERTIFICATE This is to certify that the Shareholding/ Sharing Pattern of __________ as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our knowledge and as per information provided to my/our satisfaction. Place: Date: For (Name of CA/CS Firm) Name of Partner/Proprietor of Chartered Accountant/Company Secretary CA/CS Stamp and Membership Number NOTE: For arriving at the shareholding of persons constituting the Dominant Promoter Group, the shareholding of close relatives as per Section 2(77) of the Companies Act, 2013 and associates/corporates, only may be counted, provided these relatives give an irrevocable, unconditional support in writing in the prescribed format of the Exchange. 17 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-6 (Each relative to use separate copies of this annexure) Certificate dated submitted by____________to NCDEX Undertaking from Relative of Persons Constituting the Dominant Promoter / Partner Group I,Mr./Ms./Mrs.____________ , son/daughter/wife of Mr./Ms. declare that: , resident of I am the absolute owner of ……… (no) of shares of Rs …….. each Rs…..per share paid up which constitutes ___% of the total paid up capital of the company_____________________Private Limited/Limited………………….as on this date. Or I am a partner in the partnership firm profit and to the extent of date. for sharing % as on this (Please strike off whichever is not applicable) I state that I shall irrevocably and unconditionally support in respect of my shareholding / sharing pattern, Mr/Ms. , a shareholder / partner in the above mentioned company / partnership firm. I further state that I have no objection to my above-mentioned shareholding / sharing pattern being clubbed with the shareholding / sharing pattern of Mr/Ms. ______________________, who is my (give relationship with the latter) for the purpose of determining the dominant promoter / partner group of the said company / partnership firm. This support is irrevocable and I also undertake to give prior information to the National Commodity & Derivatives Exchange Limited before selling or otherwise transferring any part or whole of my above mentioned shareholding / sharing pattern. WITNESS BY: Signature Name Address Date : : : : Signature : Name : Place : Date : 18 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com CERTIFICATE This is to certify that the Shareholding / sharing pattern in _______________ as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our Knowledge and as per information provided to my/our satisfaction. Place: Date: For (Name of CA/CS Firm) Name of Partner/Proprietor of Chartered Accountant/Company Secretary CA/CS Stamp and Membership Number Note : For arriving at the shareholding of persons constituting the Dominant Promoter Group, the shareholding of close relatives as per Section 2(77) of the Companies Act, 2013 and associates/corporates, only may be counted, provided these relatives give an irrevocable, unconditional support in writing in the prescribed format of the Exchange. 19 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure: C-6 Certificate dated submitted by______________to NCDEX Undertaking from Corporate supporting Dominant Promoter Group We, M/s. _______________ Limited, incorporated as a Company under the Companies Act, 1956 and having its registered office at: _______________________ ____________________________ do state as under: 1. As per the existing norms of National Commodity & Derivatives Exchange (NCDEX), the shareholding of Mr./Ms.__________ * in our company in direct proportion to our shareholding in the Member Company, may be reckoned for the purpose of arriving at the Dominant Promoter Group in M/s. (Member Company). 2. We are ______________ % shareholder of the Member Company and Mr. /Ms. _____________ , dominant promoters of the Trading Member Company along with his/her specified relatives @ i.e., are having __ % shareholding in our company. 3. Mr./Ms. * have requested NCDEX to consider their shareholding in our company in the permissible proportion to arrive at the dominant shareholders in the Member Company and also requested us to give an irrevocable undertaking extending unconditional support to Mr./Ms. (Name of the Dominant promoters of the Member Company) to enable NCDEX to consider the aforesaid as Dominant Promoter Group. 4. We hereby extend our unconditional and irrevocable support in support of Mr./Ms. (Name of the Dominant promoters of the Member Company) for the purpose of the determining the Dominant Promoter Group in the said Member Company. 5. We also undertake to give prior information to NCDEX before effecting any change in the shareholding of Mr./Ms. .* WITNESS BY : Signature Name : : Signature Name : : Address Place : Address Place : : Date : Date : 20 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com NOTES: * Name of the Dominant Promoters of the Member Company along with their specified relatives having shareholding in the corporate giving the undertaking. @ For arriving at the shareholding of persons constituting the Dominant Promoter Group, the shareholding of close relatives as per Section 6 of the Companies Act, 1956 and associates/corporates, only may be counted, provided these relatives give an irrevocable, unconditional support in writing in the prescribed format of the Exchange. CERTIFICATE This is to certify that the shareholding of M/s. __________________________ is/are as mentioned below, based on our scrutiny of the books of accounts, records and documents. We further certify that the information given above is true and correct to the best of our knowledge and as per information provided to our satisfaction. Sr No. Place: Date: Name of holder the Share No. of Shares Paid up Share Capital % Shareholding For (Name of Chartered Accountant Firm) Name of Partner/Proprietor of Chartered Accountant/Company Secretary CA/CS Stamp and Membership Number Note: The below Board resolution should be given along with the undertaking as given by Corporate supporting the Dominant Promoter Group 21 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Board Resolution (To be given on the company’s letterhead) Certified true copy of the Resolution passed at the meeting of the Board of Directors of (Name of the Company) _____________________________ held on _____________ (Venue). Resolved that the company do extend its unconditional and irrevocable support in favour of Mr/Ms.____________________ for the purpose of determining the Dominant Promoter Group in M/s.__________________________ (Name of the Member) and accordingly, execute necessary documents including an irrevocable undertaking to give effect to the same and submit it to National Commodity & Derivatives Exchange Limited. Resolved further that Mr/Mrs._________________, Director(s) of the company be and is /are hereby jointly or severally authorized to execute necessary documents including undertakings as prescribed by NCDEX from time to time. Certified to be true For (Name of the Company) (Signature & Designation) 22 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure D Format of declaration (On the letterhead of the Member) To, The Membership Department National Commodity & Derivatives Exchange Limited 1st Floor, Akruti Corporate Park LBS Marg, Near G.E. Garden, Kanjur Marg, (West) Mumbai 400 078 Sub: Members’ Fidelity Insurance Dear Sir, *We refer to your Circular NCDEX/MEMBERSHIP-002/2016/160 dated July 04, 2016 We declare and confirm that we have taken out / renewed Members’ Fidelity Insurance for Rs. Which is in force till _______ (Date). We are attaching a photocopy of the original insurance/renewal cover note. *We are not trading on account of clients and we have not taken Members’ Fidelity Insurance. (*Delete whichever of the above two is not applicable) Yours Faithfully, For (Name of the Member) Authorised Signatory 23 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure E (On the letterhead of the Member) Format of Declaration cum Confirmation for Inactive Members To The Membership Department National Commodity & Derivatives Exchange Limited 1st Floor, Akruti Corporate Park LBS Marg, Near G.E. Garden, Kanjur Marg, (West) Mumbai 400 078 Sub: Our Membership of the Exchange: TMID ………………… Dear Sir, With reference to your circular no. NCDEX/MEMBERSHIP-002/2016/160 dated July 04, 2016 we M/s.________________ (Name of the Member) do declare and confirm as under: We have not traded on the Exchange on or after April 01, 2015 We also hereby declare that there is no change in the Directors, Shareholding Pattern and dominant promoter group (DPG) of the company and if there is any change the same will be intimated to the Exchange in the prescribed format. We are enclosing the 1. Our Net worth Certificate as on ……………….. in the prescribed formats (Annexure C-and C1A) duly certified by Chartered Accountant. 2. Annexure C-2- Details of other Exchange Membership 3. Annexure F - Contact details of Member 4. Annexure G - Undertaking of Foreign share Holding 5. Financial Statements (which includes Balance Sheet, Profit & Loss Account,Income & Expenditure Account, Directors’ and Auditor’s Reports) duly certified by CA. Yours faithfully, For (Name of the Member) Authorised Signatory 24 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Annexure F (On the letterhead of the Member) Present contact details of the Member Company Registered office Address Address Name of contact Person Contact Nos. Telephone Nos. Fax No Mobile Nos. Email ID Correspondence office Address Address Name of contact Person Telephone Nos Fax No Mobile Nos Email ID Compliance Officer Details Name Address PAN No. Email ID Telephone nos. Fax Nos. Mobile nos. Member`s Registration ID with FIU-IND (FIUREID) Details of Principle Officer registered with FIU-IND Name Address PAN No. Email ID 25 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com Telephone nos. Fax Nos. Mobile nos. Details of Designated Director registered with FIU-IND Name Address PAN No. Email ID Telephone nos. Fax Nos. Mobile nos. I/We* undertake to intimate and update the Exchange as and when there is any change in the aforesaid information being submitted to the Exchange. Yours faithfully For________________ Authorised Signatory/ies (with name, designation and stamp) 26 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com (On the Letterhead of the Member) Annexure G Format of Foreign Holding Undertaking Date:To, Membership Department National Commodity & Derivatives Exchange Limited 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjur Marg West, Mumbai 400 078 Dear Sir, We hereby confirm and declare that we do not have any foreign shareholders either in our Company or our holding company/ies. Or We hereby confirm that we have foreign shareholders and further confirm that all the necessary approvals for allotment of shares to foreign shareholders have been obtained from the appropriate/relevant authorities including that of Foreign Investment Promotion Board (FIPB) and (RBI) to deal in Commodity Derivative contracts by us. The latest FIPB/RBI approval is being enclosed for your records. I/We declare that the information given above is true. Yours faithfully, For (Name of the Member) Signed by Authorised Signatory 27 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com (On the Letterhead of the Member) Annexure H Details of sales personnel or approved user who has passed any certification programme Sl. No. Name Date of test Percentage Certificate No. Validity date of certificate We are attaching a photocopy of the Certificates of two users. I/We declare that the information given above is true. Yours faithfully, For (Name of the Member) Signed by Authorised Signatory 28 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com (On the Letterhead of the Member) Annexure I Associate Companies/Partnership/ Proprietorship Firm having direct/indirect interest (* as defined below) in capital/ commodity market. Name Form of organization Type of intermediary # Whether registered with SEBI (give Regd. No. ) Whether registered with Other Regulators (RBI, MCA, IRDA etc,) or listed – If yes, Registration No and name of regulator may be provided. Nature * The member is deemed to have direct/indirect interest in the following conditions: i. Where he is an individual, he or any of his relative being a broker/any intermediary, he or any of his relative being a partner in a broking firm/any intermediary, he or any of his relative being a director in a broking company/any intermediary or he or any of his relatives clubbed together holding substantial equity in any broking company/any intermediary engaged in capital market. ii. Where it is partnership firm/company, the relative(s) of partner(s)/director(s) in the firm(s)/corporate body being a broker/any intermediary or being partner(s)/director(s) in any broking/intermediary or the same set of shareholders holding substantial equity in other broking / any intermediary engaged in capital market iii. Relative shall mean husband, wife, brother, unmarried sister or any linear ascendant or descendant of an individual. # Merchant Banker, Portfolio Manager, Registrar to Issue & Share Transfer Agent, Banker to an Issue, Mutual Fund, Venture Capital , Underwriter, Debenture Trustee, FII, etc I/We declare that the information given above is true. Yours faithfully, For (Name of the Member) Signed by Authorised Signatory 29 / 29 Registered Office: 1st Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg West, Mumbai 400 078, India. CIN No. U51909MH2003PLC140116 Phone: +91-22-6640 6789, Fax +91-22-6640 6899, Website: www.ncdex.com interest of
© Copyright 2026 Paperzz