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In India, the ownership of a Private Limited Company is determined by the shareholding of the Company. The shares of the Company are transferred in order to admit new investors or to transfer the ownership of the Company.
The various circumstances under which the shares in a company may be transferred are as follows :
However, It is most common for shares to be transferred by a sale.
The shares or debentures are ‘movable property’ and are transferable in accordance with the Articles of Association of the Company. Hence, the Articles of Association of the Company must be reviewed prior to beginning the share transfer procedure. In order to transfer shares between two or more persons they must enter into a contract or arrangement. Majority of the sections of the Companies Act deal with Transfer and Transmission of Shares.
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The transfer of shares is a voluntary act by the holder of shares. It refers to an intentional transfer of title of the shares from the transferor (one who transfers) to the transferee (one who receives). During share transfer the rights and duties (as represented in a share of the company) are transferred from the shareholder who wishes not be a member of the company anymore to a person who wishes to be a member of the company.
The following individuals are involved in the Share transfer :
The process for the transfer of shares shall be possible only if all required documents are furnished in a timely manner along with the supporting documents. The following documents will be required to initiate the process of transfer of shares:-
To initiate the share transfer procedure, the following steps must be followed :
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A share transfer is the process of transferring existing shares from one person to another.
The following persons are involved in the transfer of shares:
Ans : A company in default shall pay a penalty of minimum Rs.25,000 and maximum Rs.5,00,000 .
Any Shareholder who is desirous of changing his/her name in the stock/bond certificate shall make an application to the Company along with the following documents
Physical share transfer shall take place only when the shares are not in the dematerialized form.
You must send a request letter signed by the holder, a self-attested FIR copy from the police station, ID proof, address proof, indemnity, and affidavit on a separate Rs 100 non-judicial stamp paper as per the proforma. The process takes 30-45 working days to finish.
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