Share Transfer

Introduction

Transfer of shares is a process in which the existing shares as issued by the Company are transferred from one person whether natural or artificial to another either by way of sale or gift. Shares are considered as a movable property, post reviewing the Articles of Association of the Company. As in case of Private limited companies the shares cannot be freely transferable while in case of Public Companies they can be transferred in the market easily.

In case of Public Companies or Listed Companies the shares are transferred electronically with the help of clearing house i.e. NSE and BSE. Further, the private limited companies who have not dematerialized shares, the shares are transferred in physical form only. Here we will discuss transfer of shares in a physical form.

Sprinthub Solutions can help you with the transfer of shares just by following certain steps by providing the best assistance, timely delivery and guaranteeing the highest customer satisfaction You may get in touch with our team on 096436-69475 or email info@sprinthub.in

Need for Increase in the Authorized Share Capital

For issue of Further Capital:-
For issuing more capital it cannot raise capital beyond the amount prescribed in the Memorandum of Association. Therefore, in case the need arises to increase the paid-up capital the Authorized Share Capital must be increased.
Increase in the borrowing capacity:-
Increasing the Authorized Share Capital of the Company helps in increasing the internal funding capacity which supports the borrowing capacity of the company. Higher the capital the higher the net worth.

Documents Required

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PAN Card of both transferor and transferee
01
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Certificate of Incorporation in case of Company
03
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Share Certificates of the shares to be transferred
05
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Proof of Address of transferee
02
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Common Seal of the Company; if any
04
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Details of shares to be transferred
06

Process of Transfer of Shares of a Company

01
Complete the Application Form
You are requested to first fill the simple questionnaire provided by our expert team which will enable us to know the case of transfer of shares of the Company.
03
Drafting of Documents for Share Transfer
After arranging the documents we will begin with the drafting of Board Resolution (if not passed ) for Transfer of shares of the Company and to execute the share transfer deed in SH-4 (a prescribed format given under Companies Act, 2013 ) by the transferor and transferee and the stamp duty to be paid in accordance with Indian Stamp Act of the respective state.
02
Document Processing
At the second step you will be required to produce the documents in accordance with the questionnaire filled based upon which case will be dealt so that we can arrange them as per the requirement and for further processing.
04
Conducting the Board Meeting and passing of Board Resolution for register of transfer of shares
Again a Board Meeting will be conducted to register the transfer of shares if the documentation with regard to the transfer of shares is in order.
05
Entry in Share Certificate and Register of Members
After approval in the Board Meeting, entry for share transfer will be recorded on the Share Certificates and Register of Members.

Additional Information

Transfer of Shares
For initiating the process for transfer of shares of a Private Limited Company one must review the Articles of Association of the Company as a Private Limited Company is restricted to freely transfer its shares. This restriction could be:-
Rights of pre-emption:
Right of pre-emption means whenever the shareholder wishes to transfer all or some part of his/her shares then they must be first offered to the existing members of the company in accordance with the price determined by the Directors or the Auditor of the Company. The value of such shares can be decided based upon the formula / method mentioned in the Articles of Association. If the existing shareholders are not interested in buying then such shares can be freely offered to outsiders.
SH-4 : Share Transfer Deed
For initiating the process for transfer of shares of a Private Limited Company one must review the Articles of Association of the Company as a Private Limited Company is restricted to freely transfer its shares. This restriction could be:-
Share Transfer In case of Non Resident
For transferring the shares from resident to non-resident or vice versa a Form FC-TRS shall also be filed by the Indian Resident with the Reserve Bank of India within 60 days from the date of remittance or transfer whichever is earlier.

Flowchart for Share Transfer