Share Certificate Nominee Name Change Affidavit Template

About this agreement

Title: Affidavit Format for Change of Name of Nominee from Share Certificate

Are you looking to update the nominee's name on your share certificate efficiently? Our Affidavit Format for Change of Name of Nominee from Share Certificate provides a ready-to-use, customizable legal template in PDF or Word format, perfect for seamless compliance with Indian company law requirements.

What is an Affidavit for Change of Name of Nominee from Share Certificate?

An Affidavit for Change of Name of Nominee from Share Certificate is a sworn legal document used by shareholders to formally request and justify the alteration of the nominee's details recorded on their share certificates. Under Section 72 of the Companies Act, 2013, shareholders have the right to nominate a person to receive their shares upon death or incapacity. However, life events like marriage, divorce, or the passing of a nominee necessitate changes. This affidavit serves as crucial evidence submitted to the company's registrar or Registrar of Companies (ROC) in India, ensuring the updated nomination is legally recognized.

This format is particularly vital for physical share certificates issued by companies listed on BSE or NSE, where manual processes still prevail despite dematerialization trends.

Why is it Important?

Changing the nominee's name without proper documentation can lead to disputes, delays in transmission of shares, or even legal challenges during estate settlement. This affidavit format ensures:

Compliance with SEBI guidelines and company bylaws.
Protection of your investment legacy for the intended beneficiary.
Avoidance of probate delays, as nominated shares transfer directly.

In India, where family structures evolve rapidly, using a standardized Affidavit Format for Change of Name of Nominee from Share Certificate minimizes errors and speeds up approval, often within 15-30 days.

Key Elements of the Affidavit Format

Our professional Affidavit for Change of Name of Nominee from Share Certificate sample includes all essential sections:

Affiant's Details: Full name, address, PAN, and shareholder folio number.
Share Certificate Particulars: Company name, certificate number, number of shares, and current nominee details.
Reason for Change: Clear statement on the cause (e.g., marriage, death certificate attached).
New Nominee Information: Name, relationship, address, and date of birth.
Declaration and Verification: Sworn before a Notary Public or Oath Commissioner.
Annexures: Copies of share certificate, ID proofs, and supporting documents.

This comprehensive structure meets court and company requirements, making it a reliable legal template.

Who Should Use It?

This Affidavit Format for Change of Name of Nominee from Share Certificate is ideal for:

Individual shareholders holding physical shares in private or public companies.
Investors updating nominations post-marriage, remarriage, or family changes.
NRIs managing Indian shareholdings remotely.
Executors or family members handling deceased shareholder portfolios.

Common use cases include business professionals, retirees securing family wealth, and anyone ensuring smooth intergenerational wealth transfer in civil or probate matters.

Download Your Customizable Affidavit Today!

Get instant access to our free download option or premium paid versions for advanced customization. Available in editable Word or printable PDF format, this ready-to-use Affidavit for Change of Name of Nominee from Share Certificate can be tailored with AI assistance or legal experts. Submit it confidently to your company's transfer agent or ROC for quick processing.

Important Note

While this legal template is designed for convenience, it is not a substitute for professional legal advice. Consult a company secretary or lawyer to ensure compliance with specific company articles or state laws in India. Customize as needed and get it notarized. Explore related formats like Nomination Form under Section 72, Share Transfer Deed, or Indemnity Bond for comprehensive share management.

(Word count: 528)

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AFFIDAVIT FOR CHANGE THE NAME OF NOMINEE FROM SHARE CERTIFICATE

Non-Judicial

Before the Ld. Notary public at ……………(Name of place)

A F F I D A V I T

I, __________________________, Son of ____________________, residing at____________________________(Address with pin code, P.O, P.S, District and state) do hereby solemnly affirm and declare as follows:-

That at present I have been residing at _________________________________________________(Address with pin code, P.O, P.S, District and state).

2. That________________________________(Father’s/mother’s name) was my mother/father.

That my mother/father purchased one Share Certificate vide folio No. _____________, Certificate NO ____________, Number of Share (s) held _____ Distinctive Number (s) 545225401 – 545225500, 829908701 - 829908760

That ____________ my father/mother, died on ______________ at ___________________________(Name of place) leaving behind myself as her legal heir being her son.

That in the soid Share Certificate my father’s/mother’s name has been spelt as “__________________” instead of “_________________________”.

That _________________ and _________________ was the same person and my father/mother.

That I being the son, legal heir of deceased _______________, I intend to enter my name _______________ in place of __________(father’s/mother’s name) in her aforesaid Share Certificate. And more over, I am the nominee of the said Share Certificate, which is mentioned in the said certificate.

The above statements are true to the best of my knowledge & belief.

___________________

DECLARATION

Identified by me

Advocate/ _____________(Name of place)

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Important Guidelines

Guideline for Drafting an Affidavit for Changing the Name of Nominee from Share Certificate:

Usage: An Affidavit for Changing the Name of Nominee from a Share Certificate is utilized when a shareholder wishes to update the nominee's name associated with their shareholding. This affidavit is necessary for legal and administrative purposes, particularly in cases where the nominated individual's name needs to be changed due to various reasons, such as marriage, divorce, or a legal name change. Here's a concise guideline:

Header: Include the shareholder's name, date, and a title specifying it's an affidavit for changing the nominee's name on the share certificate.

Introduction: Begin with a statement affirming that the affidavit is being made voluntarily and under oath.

Shareholder's Details: Provide the shareholder's full name, contact information, and the details of their shareholding, including the share certificate number.

Nominee's Previous Name: Mention the previous name of the nominee, as stated on the share certificate.

Nominee's New Name: Clearly state the new name of the nominee.

Reason for Name Change: Explain the reason for the nominee's name change (e.g., marriage, legal name change).

Confirmation of Request: Confirm that the shareholder requests the change of the nominee's name on the share certificate.

Legal Declarations: Acknowledge the legal implications of the name change and agree to adhere to the terms of the affidavit under oath.

Signature: Include spaces for the shareholder's signature, date, and a notary public's acknowledgment.

Common Mistakes to Avoid:

Inaccuracies: Ensure that all details in the affidavit are accurate and align with the share certificate and the nominee's official records. Lack of Clarity: Write the affidavit clearly to prevent misunderstandings regarding the requested change. Failure to Notarize: Notarize the affidavit to provide legal validity and recognition. Insufficient Documentation: Include supporting documents, such as a copy of the share certificate and legal proof of the nominee's name change. Failure to Inform Registrar: After obtaining the updated share certificate, inform the share registrar and update the company's records accordingly. Drafting an Affidavit for Changing the Name of Nominee from a Share Certificate is essential to facilitate the correct and legally recognized transfer of shares and to update the company's records accurately. It should be prepared with attention to detail and adherence to legal formalities to ensure a seamless process. Consulting with legal professionals or the company's registrar may be necessary to navigate specific requirements and procedures.

Frequently asked questions

What is the purpose of the Affidavit for Change of Nominee Name on Share Certificate?→

This legal affidavit in India is used by shareholders to formally request updating the nominee's name on their share certificate with the company or depository participant, ensuring compliance with SEBI regulations.

Is this affidavit legally valid in India?→

Yes, this affidavit format adheres to Indian laws under the Indian Evidence Act, 1872, and Companies Act. Execute it on stamp paper, attest by notary, and submit to the relevant authority for validity.

Do I need to pay stamp duty for this affidavit in India?→

Yes, affidavits require non-judicial stamp paper (typically Rs. 100 or state-specific). Affix the stamp before signing and notarizing; rates vary by state.

In what format can I download this affidavit?→

Download the affidavit template in editable Word (DOCX) and non-editable PDF formats for convenience and legal use in India.

Can I customize or edit this affidavit template?→

Yes, the Word version is fully customizable. Insert your personal details, print on stamp paper, and notarize for a legally binding document in India.

Who should use this affidavit and when?→

Indian shareholders use this when changing nominee details on share certificates due to reasons like marriage, death, or personal choice, following company or DP procedures.