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picture1_Company Presentation Template 31342 | Application For Change In Designataed Directors Checklist Formats


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File: Company Presentation Template 31342 | Application For Change In Designataed Directors Checklist Formats
on the letter head of the member change in designated director s instruction for submission fillingup documents for member s reference only stage 1 submission of documents for prior approval ...

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                                                                                (On the letter head of the Member)
                                                                          CHANGE IN DESIGNATED DIRECTOR/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 
                   Documen                                                                              Particulars                                                                         Complianc
                   t Ref. No.                                                                                                                                                                       e
                                                                                                                                                                                             (Yes / No /
                                                                                                                                                                                                  NA)
                      CDD-1             Application   for   change   in   Designated   Director(s)   of   the   company   due   to                                                          
                                        Resignation / Appointment / Re-designation 
                           a)           For being appointed as a Designated Director, a person should not be less than 21 years
                                        of age.
                      CDD-2             Board Resolution(s), as applicable 
                                         1.     CDD-2(a): Suggested format of Board Resolution for Resignation as DIRECTOR
                                                (additional / Whole Time / Managing etc.)
                                         2.     CDD-2(b):   Suggested   format   of   Board   Resolution   for  Resignation   as
                                                DESIGNATED DIRECTOR 
                                         3.     CDD-2(c):   Suggested   format   of   Board   Resolution   for  Appointment   as
                                                DESIGNATED DIRECTOR 
                                         4.     CDD-2(d): Suggested format of Board Resolution for Re-designation from Non –
                                                Designated Director to Designated Director
                                         5.     CDD-2(e): Suggested format of Board Resolution for  Re-designation from
                                                Designated Director to Non – Designated Director
                     CDD- 3             Certified* PAN Card copy of Incoming Designated Director(s) 
                                        *Self-certified copy / Certified by Authorised Signatory or Compliance Officer 
                      CDD-4             Proof of Address of Incoming Designated Director                                                                                                    
                                        *Self-certified copy / Certified by Authorised Signatory or Compliance Officer
                         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 director.
                      CDD-5             Proof of Experience of Incoming Designated Director / Bio data of the Incoming                                                                      
                                        Designated Director
                                        (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: 
                                               The incoming Designated Director 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 / Remiser 
                                                (On the letter head of the Member)
           Documen                                            Particulars                                       Complianc
            t Ref. No.                                                                                               e
                                                                                                                 (Yes / No /
                                                                                                                    NA)
                             •   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 
                             • 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 director in this regard shall be submitted alongwith the
                                relevant supporting documents viz. contract notes, demat statement & ledger . 
           CDD-6        Proof of Educational Qualification: 
                    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 Director needs to be submitted.
             CDD-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.
                    c)  In case there is no change in the details of the undertaking please submit the certified
                        true copy of the Undertaking not older than 3 months (*Certified by Authorised Signatory
                        or Compliance Officer)
            CDD-8A      Details of Directors (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 approval  by
                        the Exchange / Clearing Corporation and present details of directors.
                    b)  In case of no changes from the last approved details of directors, submit the certified copy
                        (by continuing Designated Director / Authorised Signatory (ies) (as authorized by Board
                        Resolution)/ Compliance officer under rubber stamp).
                    c)  Date should not be later than the date of the earliest Board Resolution for change in
                        director.
           CDD-8B(i)    Details of Directors (with proposed changes)
                   a)   To be signed by Designated Director(s) / Authorised Signatory (ies) (as authorized by    
                        Board Resolution)/ Compliance officer under rubber stamp of company for proposed
                        changes.
                        Note: Certification by Chartered Accountant / Company Secretary in Practice is
                        not required for proposed changes
                   b)   Shareholding and Promoter details should match with the last shareholding pattern as
                        approved by the Exchange / Clearing Corporation.
             CDD-9      Undertaking (for Incoming Designated Director(s))
                    a)  The same is certified by one of the continuing designated director/ authorized signatory/
                        compliance officer and by newly appointed designated director.
                                                  (On the letter head of the Member)
            Documen                                              Particulars                                         Complianc
            t Ref. No.                                                                                                    e
                                                                                                                     (Yes / No /
                                                                                                                         NA)
                     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 director/ authorized signatory/
                         compliance officer
             CDD-10      Resignation letter of the outgoing Designated Director 
                         (Death Certificate in case of death of Designated Director)
             CDD-11      Consent Letter of incoming Designated Director
             CDD-12      PEP Undertaking 
             CDD-13      Details of Shareholding and Directorship of Directors in other entities
             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 director/s in records of the
          Exchange / Clearing Corporation, post approval of the Exchange/Clearing Corporation for Stage 1:
            1.      Letter duly signed by Designated Director / Authorised Signatory confirming implementation         Yes / No
                    of proposed change(s) in Director(s) / Designated Director(s)- as approved by the Exchange /
                    Clearing Corporation.
            CDD Details of Directors after implementation of the proposal as per the specified format, duly            Yes / No
            –       signed by Designated Director/Authorised Signatory/ Compliance officer of the company under
            8B(ii   the rubber stamp along with the certification of Chartered Accountant / Company Secretary in
            )       practice.
                    Other Documents:                                                                                   Yes / No
               a)   Copy of e-form DIR -12, MBP-1, DIR-8, DIR-2 filed with the Registrar of Companies (duly signed     Yes / No
                    by continuing designated director / Authorised Signatory/ Compliance officer)
               b)   In case, the outgoing Designated Director was also acting in the capacity of Designated            Yes / No
                    Director / Principal Officer for FIU-India / under PMLA guidelines, the copy of intimation made for
                    appointment of new Designated Director / Principal Officer for FIU-India / under PMLA guidelines
                    should be submitted.
               c)   Other documents (if any) as mentioned in the NOC issued by the Exchange for prior approval of      Yes / No
                    change in designated directors.
               d)   Changes made in Exchange Portal for Change in Directors / Authorised Signatory / Principal         Yes / No
                    Officer – FIU-IND / Designated Director –FIU – IND / Contact Person Name/ KMPs.
                                                                                                                          
                                                    (On the letter head of the Member)
                                                                                                                   CDD-1 
                                          Application for Changes in Designated Director(s) 
                                                                                                       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 Director(s)
                 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 director(s) as per the details given below: 
                 Sr.    Particulars of Changes                          Name of the Director       Applicable     Proposed   /
                 No                                                                                (Yes / No /    Post-facto*
                 .                                                                                 NA)
                 1      Appointment of Designated Director
                 2      Resignation of Designated Director**
                 3      Re-designation from Designated Director to
                        Non-Designated Director
                 4      Re-designation   from   Non-Designated
                        Director to Designated Director
                 * Post-facto changes are the changes already effected by the member at MCA 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 Resignation of Designated Director(s) : _____________________________________.
                 Further, we confirm that: 
                 1.   The incoming designated director(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 director is not an Authorised Person of any member of the Exchange.
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...On the letter head of member change in designated director s instruction for submission fillingup documents reference only stage prior approval exchange clearing corporation documen particulars complianc t ref no e yes na cdd application company due to resignation appointment re designation a being appointed as person should not be less than years age board resolution applicable suggested format additional whole time managing etc b c d from non certified pan card copy incoming self by authorised signatory or compliance officer proof address list valid any one i aadhaar and consent per stated at annexure ii passport iii voter id iv utility service like telephone gas electricity depicting premises name owner document case may which is older two months v bank statement passbook with entries duly signed stamped official his code branch along sign stamp continuing experience bio data minimum provided under sub rule securities contracts regulation rules certificate submitted letterhead issui...

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