NATIONAL COMMODITY & DERIVATIVES EXCHANGE LIMITED Circular to all trading and clearing members of the Exchange

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1 NATIONAL COMMODITY & DERIVATIVES EXCHANGE LIMITED Circular to all trading and clearing members of the Exchange Circular : NCDEX/OPERATIONS-022/2013/050 Date : February 25, 2013 Subject : Know Your Depositor (KYD) policy for deposits of goods into the accredited warehouses Members and participants are hereby informed that in terms of the Bye-Laws and Regulations of the Exchange, a Know-Your Depositor (KYD) process shall be implemented by the accredited warehouses effective from , in respect of deposit of commodities. A copy of the Exchange letter dated February 20, 2013 to the Warehouse Service Providers in this regard is appended hereto for reference. Members and Participants are advised to comply with the KYD process as stated and submit the required documents to the accredited warehouses while depositing goods. For and on behalf of National Commodity & Derivatives Exchange Limited Mahesh Tewari Executive Vice President Logistics For further information / clarifications, please contact 1. Customer Service Group on phone: , Customer Service Group by to : 1 / 14

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4 KNOW YOUR DEPOSITOR (KYD) APPLICATION FORM For Individuals Please fill this form in ENGLISH and in BLOCK LETTERS. Annexure 1 PHOTOGRAPH Please affix your recent passport size photograph and sign across it A. IDENTITY DETAILS Name of the Applicant Father s/ Spouse Name Gender Male Female Marital status Single Married Date of birth Nationality Status Resident Individual n Resident Foreign National (If n Resident / Foreign National, self-certified copy of statutory approval obtained must be attached) Farmer (Any one of the following identification proofs are MANDATORY) PAN Identification Number (UID)/ Aadhaar Driving License. Passport. Any other additional proof of identity B. ADDRESS DETAILS (Proof of address must be different from the proof of identity submitted). Address for correspondence Pin Code City / Dist. / Village State Country Contact Details Tel. (Off.) Mobile. Tel. (Res.) Fax 2 / 14

5 id Specify the proof of address submitted for Correspondence Address Permanent Address(if different from above) Pin Code City / Dist. / Village State Country Tel. (Off.) Mobile. Tel. (Res.) Fax id Specify the proof of address submitted for Permanent Address C. Bank Account(s) Details Bank Name Branch address Bank account no. Account Type: Saving/ Current/ Others MICR Number IFSC code D. Depository Account / COMTRACK Account Details Depository Participant Name / COMTRACK Depository Name (NSDL / CDSL) / COMTRACK Beneficiary Name DP ID / COMTRACK ID Beneficiary ID (BO ID) te: Provide a copy of either Demat Master or a recent holding statement issued by DP bearing name of the client. 3 / 14

6 Client Code Member Code E. TIN Numbers (Sales Tax / VAT) i. Sales Tax Registration Details (As applicable, State Wise) Depositor (TIN Number) Seller / Principle (TIN Number) Local Sales Tax State Registration. Name of the State Other Sales Tax State Registration. Name of the State ii. VAT Details (As applicable, State wise) Depositor (TIN Number) Seller / Principle (TIN Number) Local VAT Registration. Name of the State Other VAT Registration. Name of the State iii. Central Sales Tax Registration. Depositor (TIN Number) Seller / Principle (TIN Number) Central Sales Tax Registration. f. Past Regulatory Action Details of any action/proceedings initiated/pending/ taken by FMC/ SEBI / Stock exchange / Commodity exchange/any other authority against the client during the last 3 years 4 / 14

7 g. Documents Attached (It is MANDATORY to submit all of the following documents as applicable to this Depositor) Self-attested copy of the TIN. along with the name of the State in which the same registered along with attested copy of the TIN. allotted by the authority concerned shall be submitted. Self-attested copy of Mandi license / APMC license shall be submitted. Farmer land records such as 7/12 extract or other state specific land related documents establishing identity as farmer shall be submitted. DECLARATION 1. I/We hereby declare that the details furnished above are true and correct to the best of my/our knowledge and belief and I/we undertake to inform you of any change therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am/we are aware that I/we shall be held liable for it. 2. I/We confirm having read/been explained and understood the details as filled in this document. 3. I/ We understand that the said goods are required to meet all statutory requirements besides the Exchange quality specifications. I/ we confirm that said goods do not violate any statutory requirement or compliances applicable to them as in force. 4. I/ We confirm to abide by various central/state laws including Tax laws, and other Acts, Rules, Regulations, notification/orders and guidelines applicable to the said goods and as in force from time to time and shall indemnify the warehouse and the Exchange against any, and all litigations or actions / claims or proceedings arising on account of the information provided by me / us. 5. I/we understand that in the event of any non compliance of any law, Rules, Regulations, tification/s or order/s as applicable to the said goods, the Undersigned shall be solely and completely responsible and undertake to be so responsible and liable for such noncompliance and for any and all consequences thereof. 6. There are no statutory dues or returns or taxes/levies pending to be met in respect of the said goods and the said goods are validly owned /held by us. 7. I / we further declares and agrees that in no event shall NCDEX or the said Warehouse be held liable for any damages, including but not limited to direct or indirect, special, incidental, or consequential damages, losses or expenses arising on account of my/our noncompliance of any central/state laws as applicable to the said goods. 5 / 14

8 Place Date Signature of Depositor FOR OFFICE USE ONLY Documents Submitted verified Name of the Employee / Warehouse Manager Employee Code Date Designation of the employee Place Signature of the Employee / Warehouse Manager (with Seal of the Warehouse / WSP) 6 / 14

9 KNOW YOUR DEPOSITOR (KYD) APPLICATION FORM For n Individuals Annexure 2 Please fill this form in ENGLISH and in BLOCK LETTERS. PHOTOGRAPH Please affix your recent passport size photograph and sign across it A. IDENTITY DETAILS Name of the Applicant Date of Incorporation Date of commencement of business Place of incorporation (Any one of the following identification proofs are MANDATORY) PAN Registration. (e.g. CIN) Driving License. Passport. Any other additional proof of identity Status (Please tick any one) Private Limited Co. Body Corporate Partnership Public Ltd. Co. Trust LLP HUF Others(Please Specify) (In case of foreign entity or entity with foreign shareholders, self certified copy of statutory approval obtained must be attached) It is MANDATORY to submit all of the following documents as applicable to this Depositor Corporates: Self-attested copy of latest share holding pattern including list of all those holding control, either directly or indirectly, Photograph of whole time directors in charge of day-to-day operations, photograph of individual promoters holding control, copy of Board resolution for investment / transacting in commodity markets as attached Partnership Firm: Certificate of registration, copy of partnership deed, authorized signatories list with specimen signatures, photographs of partners as attached Trust: Certificate of registration (for registered trust only), copy of trust deed, list of trustees certified by managing trustees / CA, photograph of trustees as attached. 7 / 14

10 HUF: Deed of declaration of HUF and list of coparceners, Bank passbook / bank statement in name of HUF, Photograph of Karta as attached. Government Bodies: Self Certificate on letterhead, authorized signatories list with specimen signatures as attached. Registered Society: Copy of registration certificate under societies act, list of Managing Committee members, Committee resolution to act as authorized signatories with specimen signatures as attached. B. ADDRESS DETAILS (Proof of address must be different from the proof of identity submitted). Address for correspondence City/ district/village State Country Contact Details Tel. (Off.) Mobile. Tel. (Res.) Fax Pin Code id Specify the proof of address submitted for correspondence address Registered Address (If different from above) City/ district/village State Country Pin Code Contact Details Tel. (Off.) Mobile. Tel. (Res.) Fax id Specify the proof of address submitted for correspondence address 8 / 14

11 C. Bank Account(s) Details: Bank Name Branch address Bank account no. Account Type: Saving/ Current/ Others MICR Number IFSC code D. Depository Account / / COMTRACK Account Details Depository Participant Name / COMTRACK Depository Name (NSDL / CDSL) / COMTRACK Beneficiary Name DP ID / COMTRACK A/C. Beneficiary ID (BO ID) te: Provide a copy of either Demat Master or a recent holding statement issued by DP bearing name of the client. Client Code Member Code E. TIN Numbers (Sales Tax / VAT) i. Sales Tax Registration Details (As applicable, State wise) Depositor (TIN Number) Seller / Principle (TIN Number) Local Sales Tax State Registration. Name of the State Other Sales Tax State Registration. Name of the State ii. VAT Details (As applicable, State wise) Depositor (TIN Number) Seller / Principle (TIN Number) Local VAT Registration. Name of the State Other VAT Registration. Name of the State 9 / 14

12 iii. Central Sales Tax Registration. Depositor (TIN Number) Seller / Principle (TIN Number) Central Sales Tax Registration. F. Past Regulatory Action Details of any action/proceedings initiated/pending/ taken by FMC/ SEBI / Stock exchange / Commodity exchange/any other authority against the client during the last 3 years G. Documents Attached (It is MANDATORY to submit all of the following documents as applicable to this Depositor) Self-attested copy of the TIN. along with the name of the State in which the same registered along with attested copy of the TIN. allotted by the authority concerned shall be submitted. Self-attested copy of Mandi license / APMC license shall be submitted. An attested copy of the Registration Certificate of the firm as issued by the local authorities where the firm is registered shall be submitted. DECLARATION 8. I/We hereby declare that the details furnished above are true and correct to the best of my/our knowledge and belief and I/we undertake to inform you of any change therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am/we are aware that I/we shall be held liable for it. 9. I/We confirm having read/been explained and understood the details as filled in this document. 10. I/ We understand that the said goods are required to meet all statutory requirements besides the Exchange quality specifications. I/ we confirm that said goods do not violate any statutory requirement or compliances applicable to them as in force. 11. I/ We confirm to abide by various central/state laws including Tax laws, and other Acts, Rules, Regulations, notification/orders and guidelines applicable to the said goods and as in force from time to time and shall indemnify the warehouse and the Exchange against any, and all litigations or actions / claims or proceedings arising on account of the information provided by me / us. 12. I/we understand that in the event of any non compliance of any law, Rules, Regulations, tification/s or order/s as applicable to the said goods, the Undersigned shall be solely and 10 / 14

13 completely responsible and undertake to be so responsible and liable for such noncompliance and for any and all consequences thereof. 13. There are no statutory dues or returns or taxes/levies pending to be met in respect of the said goods and the said goods are validly owned /held by us. 14. I / we further declares and agrees that in no event shall NCDEX or the said Warehouse be held liable for any damages, including but not limited to direct or indirect, special, incidental, or consequential damages, losses or expenses arising on account of my/our noncompliance of any central/state laws as applicable to the said goods. The Undersigned is aware of and understands that any violation of some of the statutes may entail the Undersigned amenable to statutory action (besides contractual obligations) including criminal action as may be initiated. Place Date Signature of Depositor FOR OFFICE USE ONLY Documents Submitted verified Name of the Employee / Warehouse Manager Employee Code Date Designation of the employee Place Signature of the Employee / Warehouse Manager (with Seal of the Warehouse / WSP) 11 / 14

14 Annexure 3 Transaction-wise details Form This form must be filled and submitted with every deposit Date of the KYD Name of the Depositor Depositing on behalf of Client Member Self te: Name of the person authorized to make the deposit with attested signatures Name of the Client / Member / Beneficiary Farmer TIN Number Whether the TIN no. is of Depositor Principal Member Code (If depositing for Member) Client Code (If depositing for Client) It is MANDATORY to submit all of the following documents as applicable to this Depositor Copy of Appointment letter / letter of authority from Client Beneficiary to C&F Agent for depositing in name of Client / Beneficiary for Tax Settlement purpose with the Exchange attached. Self-attested copy of the Challan cum return of payment of Sales Tax / VAT for the month preceding the month of the deposit submitted. Whether the Goods have been purchased from Local Mandi Any other Mandi Mandi Name from where the Goods are purchased Copy of Anugya-patra or similar applicable document in the state and the mandi for which the same is applicable and undertaking that the warehouses where deposits are being made is in jurisdiction of the same attached. 12 / 14

15 Whether the Mandi Tax has been paid If, then self-attested copy of the Challan showing payments of the Mandi Tax attached. If Goods have been purchased from any other Mandi, whether the Mandi Tax has been paid by the seller and the proof thereof attached. Farmer land records such as 7/12 extract or other state specific land related documents establishing identity as farmer attached. DECLARATION 1. I/We hereby declare that the details furnished above are true and correct to the best of my/our knowledge and belief and I/we undertake to inform you of any change therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am/we are aware that I/we shall be held liable for it. 2. I/We confirm having read/been explained and understood the details as filled in this document. 3. There are no statutory dues or returns or taxes/levies pending to be met in respect of the said goods and the said goods are validly owned /held by us. 4. I/ We confirm that the goods being deposited are not FED goods from any other warehouses of the NCDEX or other Exchanges. 5. I/ We confirm that the total stocks kept by us will not exceed the state government/ central government stock limit in the state. 6. I/ We understand that the said goods are required to meet all statutory requirements besides the Exchange quality specifications. I/ we confirm that said goods do not violate any statutory requirement or compliances applicable to them as in force. 7. I/ We confirm to abide by various central/state laws including Tax laws, and other Acts, Rules, Regulations, notification/orders and guidelines applicable to the said goods and as in force from time to time and shall indemnify the warehouse and the Exchange against any, and all litigations or actions / claims or proceedings arising on account of the information provided by me / us. 13 / 14

16 8. I/we understand that in the event of any non compliance of any law, Rules, Regulations, tification/s or order/s as applicable to the said goods, the Undersigned shall be solely and completely responsible and undertake to be so responsible and liable for such noncompliance and for any and all consequences thereof. 9. I / we further declares and agrees that in no event shall NCDEX or the said Warehouse be held liable for any damages, including but not limited to direct or indirect, special, incidental, or consequential damages, losses or expenses arising on account of my/our noncompliance of any central/state laws as applicable to the said goods. 10. I/We do hereby agree to be bound by such provisions as outlined in these documents. I/We have also been informed that the standard set of documents has been displayed for Information on Member s designated website, if any. Place Date Signature of Depositor FOR OFFICE USE ONLY Documents Submitted verified Name of the Employee / Warehouse Manager Employee Code Date Designation of the employee Place Signature of the Employee / Warehouse Manager (with Seal of the Warehouse / WSP) 14 / 14

This Circular is issued in terms of Regulation 18.1 of the Exchange Regulations.

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