NISM Professor

Nomination

Also written Nominee · Nomination of demat account

The account holder's written direction naming who receives the securities on death — up to ten nominees for a demat account, with percentages that must total 100, mandatory for single holdings.

In plain language

Nomination decides who the DP may transmit securities to when the holder dies, without the family first having to produce a succession certificate or a probated will.

The Companies Act, 2013 lets a shareholder or debenture holder nominate one person. The depository goes considerably further: an investor holding securities in dematerialised form may nominate up to ten persons, each with a stated percentage share.

Nomination can be made at account opening or at any time afterwards, and changed at will by filing the form again. It is mandatory for a single holding and optional for a jointly held account — though where an account is joint and nomination is made, all the joint holders must sign the form.

How it works

The percentages specified for the nominees must total 100. If the account holder gives no percentages at all, the securities are divided equally.

Distribution happens at ISIN level, in the proportions recorded. Where a quantity does not divide exactly in the stated proportion, the DP splits it as far as it divides and the remaining indivisible securities go to the nominee whose name is recorded first.

Who may and may not nominate is a list worth memorising. Non-individuals cannot — not a society, a trust, a body corporate, a Hindu Undivided Family, nor a holder of power of attorney. A minor may nominate through a guardian, and a minor may be a nominee, represented by a guardian.

The two depositories differ on paperwork: NSDL requires the nominee's photograph and signature, and the guardian's signature where the nominee is a minor. Under CDSL operating instructions none of those is required.

On death, the nominee applies with a death certificate, completes KYC, and — where a pledge is subsisting — obtains a discharge from the creditors. Since SEBI's circular of 10 January 2025, a single-holding investor may also empower one non-minor nominee to operate the account if the investor is physically incapacitated but still has the capacity to contract, specifying either a percentage or an absolute value that may be encashed; any encashment is credited only to the bank account linked to the investor's own account.

A worked example

An investor with a single-holding demat account nominates three people — 50%, 30% and 20% — and dies holding two ISINs.

ISINQuantityNominee 1 (50%)Nominee 2 (30%)Nominee 3 (20%)
Equity A, Rs 1,150 a share1,000500300200
Equity B, Rs 480 a share101503020

Equity A divides exactly: Rs 5,75,000, Rs 3,45,000 and Rs 2,30,000 of value.

Equity B does not. 50% of 101 is 50.5, 30% is 30.3, 20% is 20.2. The DP allots the whole numbers — 50, 30 and 20, which is 100 shares — and the one remaining share goes to the first-named nominee, who ends with 51.

Had the investor written no percentages, the split would have been equal thirds, and the indivisible remainder would still have gone to the first nominee. Had the investor instead been a Hindu Undivided Family, no nomination could have been made at all, and the family would be back to a succession certificate — or, where the market value in each account is not more than Rs 15 lakh, to the reduced documentation route the workbook allows for transmission without nomination.

Why NISM asks about it

Chapter 6 (Functions of DP — Transmission and Nomination). The examinable numbers are ten nominees, percentages totalling 100, nomination mandatory for single holdings and optional for joint ones, and the indivisible-securities rule. The workbook's own review question asks which Act provides for nomination of shares — the Companies Act, 2013.

Common exam traps

  • Ten nominees for a demat account, one under the Companies Act. Both numbers are correct in their own context; the question decides which is being asked.
  • Mandatory for single holdings, optional for joint ones — and on a joint account all holders must sign the nomination form.
  • Non-individuals cannot nominate, and neither can a POA holder. A minor can nominate only through a guardian.
  • Indivisible securities go to the first-named nominee, not to the largest percentage holder.
  • If percentages are not specified, the split is equal — not void, and not in favour of the first nominee.
  • NSDL wants the nominee's photograph and signature; CDSL does not. The workbook states the difference explicitly.
  • A nominee is not automatically the owner in perpetuity — regulated entities must facilitate transfer from the nominee to the legal heirs when either party asks.

Where this is taught

Free preparation for NISM Series V-D

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