In order to enable the recording of non-disposal undertakings (‘NDU’) in the depository system, SEBI has, by way of circular dated June 14, 2017, permitted depositories to offer a system for capturing and recording NDUs subject to prescribed conditions. The provisions of the circular are required to be implemented by the depositories within four months.
Pursuant to the circular, on the creation of the freeze for recording the NDU, the depository will not effect any transfer, pledge, hypothecation, lending, rematerialisation or alienation in any form or any dealing of the encumbered securities till instructions are received from both parties for the cancellation of the NDU. The depository participants are prohibited from facilitating or being parties to any NDU created outside the depository system.