Share Transfer procedures in Private limited

Pvt ltd 293 views 11 replies

Greetings

I was searching for share transfer procedures in the Companies act, 2013 and stumbled upon more procedures listed in corpbiz website and it goes:

"

To initiate the procedure of Transfer of Shares in Private Limited Company, the following steps must be followed

  1. The Articles of Association or AOA must be reviewed before initiating the Transfer of Shares, and any restrictions mentioned must be identified.
  2. The Shareholders are required to submit a notice to the directors in writing. The notice must include information regarding the intention of the share transfer.
  3. The share transfer price must be identified as per the Articles of Association. The shares are first offered to the company’s existing shareholders as per the given price.
  4. The company’s existing shareholders are informed about the shares available for sale, the last date of purchase and the prices at which the shares are made available for sale. If any existing shareholders are interested in the purchase, the shares are sold to them. If no existing shareholders are interested in the purchase or extra shares are available, then they are made available to people outside the company."

But I couldn't find the source in Companies act, 2013. Can someone enlighten me regarding where it is stated and why we should follow these procedures?

 

Replies (11)
Read SEBI Regulations on share transfers
@ Achyutha,

It's very simple logic...
As per my view I have some general thoughts

- A Pvt Ltd company is a like a family...

- The Family have one or two head...

- Anybody will come to the family then they will get confirmation from members and heads...

- Issuance of Shares will be accept the groups...

And

I have some other points but not suitable for here...

Thank you so much for your answer and time

But I couldnt find anything that is related to SEBI on transfer of shares of Private limited Compnay. I am also not sure if SEBI regulation applies as we are talking about Private limited company.

looking forward to your views

@ RAJA P M

Thank you for your explanation

That a great way to explain the concept but I just want to know that where the procedure for the share transfer for private companies explicitly stated?

Is it a listed company.

No it isn't a listed Company, it is a Private Company.

 

Due to the Right Of Pre Emption In Case Of Private Company and Restriction Imposed By Section 2(68) ..
Originally posted by : Chirag
Due to the Right Of Pre Emption In Case Of Private Company and Restriction Imposed By Section 2(68) ..

Thank you Chirag, i just read the definition u/s 2(68) and it states "prohibits any invitation to the public to subscribe for any securities of the company;" may be because of this the offer is first made to existing shareholders and then if not exercised, then move to outside people. Please Clarify

Also right of pre emption is in the Companies act, 1956 but not in the Companies Act, 2013, right?

Originally posted by : Achyutha Guptha

Also right of pre emption is in the Companies act, 1956 but not in the Companies Act, 2013, right?

Please read sec 62 of CA.

Thank you for your reply

So the question being raised here is how and why the right of Pre-emption should apply to TRANSFER OF SHARES OF PRIVATE COMPANIES and so I hope you could explain me the application of Right of pre-emption?

Because the Right of Pre-emption is only given in Further issue of shares under section 62 and why is it applicable to transfer of share

 


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