Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Investor Education and Protection Fund (IEPF) - Utilization, Claims & Authority [Section 125]

# Investor Education and Protection Fund (IEPF) — Utilization, Claims & Authority

Statutory Anchor: Section 125 of the Companies Act, 2013 (read with IEPF Authority (Accounting, Audit, Transfer and Refund) Rules, 2016).

## 1. Additional Credits to the IEPF (Rule 3 & related provisions)

Apart from the principal credits (unpaid dividend, matured deposits, etc.), the following also flow into the Fund:

  • All sums received by the Authority from such other sources as the Central Government may decide.
  • All income earned by the Authority in any year.
  • All shares held by the Authority under Section 90 of the Act, along with all resulting benefits without any restrictions.
  • Amounts payable under Section 10B(3) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and Section 10B of the 1980 Act.
  • All other sums collected by the Authority under the Act.
  • Shares held by the Authority under the proviso to Section 90(a) and resultant benefits, without restriction.

Special Rule: In case of term deposits and debentures of companies, due unpaid or unclaimed interest is transferred to the Fund along with the matured amount of such deposits/debentures.

## 2. Utilization of the Fund — Section 125(3)

The Fund shall be used for:

1. Refund of unclaimed dividends, matured deposits, matured debentures, application money due for refund and interest thereon.

2. Promotion of investors' education, awareness and protection.

3. Distribution of disgorged amounts among eligible and identifiable applicants/shareholders/debenture-holders/depositors who suffered losses due to wrong actions, per Court orders directing disgorgement.

4. Reimbursement of legal expenses incurred in pursuing class action suits under Sections 37 and 245 by members, debenture-holders or depositors, as sanctioned by the Tribunal.

5. Any other purpose incidental thereto under the IEPF Rules, 2016.

## 3. Claim Procedure — Section 125(2) read with 125(5)

Any person entitled to amounts credited to the Fund may apply to the IEPF Authority for payment of the money claimed. The claim is made directly to the Authority — not to the company.

## 4. The IEPF Authority — Governance Framework

### (a) Constitution

An Authority is constituted to administer the Fund and maintain its accounts and records.

### (b) Composition

PositionDetail
Chairperson (ex-officio)Secretary, Ministry of Corporate Affairs
Members6 members (maximum 7)
ConvenorChief Executive Officer

### (c) Central Government Support

The Central Government provides offices, officers, employees and other resources to the Authority per the Rules.

### (d) Consultation with C&AG

Accounts and records of the Fund are maintained in the form prescribed after consultation with the Comptroller and Auditor-General of India.

### (e) Spending Power

The Authority is competent to spend money out of the Fund only for purposes specified in Section 125(3).

### (f) Audit

  • Accounts audited by C&AG at intervals specified by C&AG.
  • Audited accounts + audit report forwarded annually to the Central Government.

### (g) Annual Report

  • Authority prepares an annual report in prescribed form and time, covering its activities for the financial year.
  • Forwarded to the Central Government.
  • Central Government lays the annual report and C&AG audit report before each House of Parliament.

## 5. Memory Aid — The IEPF Reporting Chain

`Authority → Accounts audited by C&AG → Sent to Central Government → Laid before both Houses of Parliament`

Worked example

### Example 1

Q: ABC Ltd. has matured debentures lying unclaimed for 7+ years. Apart from the principal amount, what about the interest accrued?

A: Under Rule 3, when term deposits/debentures mature and remain unclaimed, the due unpaid or unclaimed interest must be transferred to the IEPF together with the matured amount. The company cannot transfer only the principal.

### Example 2

Q: Mr. X's dividend of ₹50,000 was transferred to IEPF in 2018. In 2026 he discovers it. To whom should he apply?

A: Mr. X applies to the IEPF Authority (not the company) under Section 125(2) read with 125(5). The Authority verifies entitlement and refunds the amount.

### Example 3

Q: Members of XYZ Ltd. filed a successful class action suit under Section 245 and incurred ₹15 lakh in legal expenses. Can they recover this from IEPF?

A: Yes. Section 125(3)(4) permits reimbursement of legal expenses incurred in class action suits under Sections 37 and 245, as sanctioned by the Tribunal. The members must obtain Tribunal sanction; IEPF then reimburses.

⚠️ Common exam mistakes

  • Treating IEPF only as a 'fund of unclaimed dividends' — it also receives shares held under Section 90, disgorged amounts, and income earned by the Authority.
  • Forgetting that unclaimed INTEREST on matured deposits/debentures must accompany the principal when transferred to IEPF.
  • Confusing the claim route — claimants apply to the IEPF Authority directly, not to the company that transferred the funds.
  • Stating the Authority's accounts are audited by a statutory auditor — they are audited by the C&AG of India.
  • Forgetting that reimbursement of class action legal expenses requires Tribunal sanction (not automatic from IEPF).
  • Saying the Authority can use IEPF money for any purpose — spending is restricted to Section 125(3) objects only.
Bare-Act text Section 125(3) · The Companies Act, 2013 · click to expand
Section 125(3): The Fund shall be utilised for— (a) the refund in respect of unclaimed dividends, matured deposits, matured debentures, the application money due for refund and interest thereon; (b) promotion of investors' education, awareness and protection; (c) distribution of any disgorged amount among eligible and identifiable applicants for shares or debentures, shareholders, debenture-holders or depositors who have suffered losses due to wrong actions by any person, in accordance with the orders made by the Court which had ordered disgorgement; (d) reimbursement of legal expenses incurred in pursuing class action suits under sections 37 and 245 by members, debenture-holders or depositors as may be sanctioned by the Tribunal; and (e) any other purpose incidental thereto, in accordance with such rules as may be prescribed.
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic