Transfer Of Shares In A Company

Transfer Of Share Ownership. Implemented.

     

    Securities of a company are freely transferable, with restrictions on the transfer of Private Company shares given in their AOA. As per the provision of the Companies Act, 2013, a company can not register the transfer of shares unless the instruments of transfer are duly stamped, dated and executed by both the transferor and transferee. The share transfer instruments are required to be transferred within 60 days of its registration with the company.

    These instruments of transfer of the securities are held in Form SH 4 and every instrument of transfer of securities is required to be delivered to the company within 60 days of its execution. In case partly paid-up shares being transferred, the company its to give a notice to the transferee in Form SH 5 regarding the transfer of such shares. The transferee is required to submit an NOC in 2 weeks within the date of receipt of such notice.

    Procedure

    01

    Notice is sent to the company by the transferor

    02

    Company checks the provisions regarding share transfer in the AoA

    03

    Board resolution is passed to consider the notice by the transferor to the company

    04

    Letter of offer is made by the company to existing shareholders

    05

    Letter of dissent from the existing shareholders

    06

    Share transfer deed is filed in Form SH 4 along with the required stamp duty paid

    07

    A witness registers the transfer deed along with their signature, name, and address

    08

    Attaching the transfer document with the share certificate and/or allocation letter and sending it to the said company

    09

    Company processes the paperwork and passes a Board resolution for registering the transfer of shares, and the transferor shall be issued a new share certificate by the same

    Making Share Transfers Streamlined For All