Transfer of shares

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Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2013 respected sir, i want to ask that in a pvt. ltd co. transfer deed has executed 2 years back but it is not handed over to company ,so in their annual filing company is showing the name of transferrer in the list of shareholders, not of transferee, now transferee , is submitting the deed, is it will valid, and company will register the transfer. and is it will effect the validity of deed,

Ajay Mishra

Ajay Mishra (Expert)
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26 February 2013 Hi

Section 108 provides that a company shall not register a transfer of shares of, the company, unless a proper transfer deed in Form 7B as given in the Companies (Central Government's) General Rules and Forms, 1956 duly stamped and executed by or on behalf of the transferor and by or on behalf of the transferee and specifying the name, address and occupation, if any, of the transferee, has been delivered to the company, alongwith the certificate relating to the shares, or if no such certificate is in existence, alongwith the letter of allotment of the shares.

Ajay Mishra

Ajay Mishra (Expert)
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26 February 2013
Validity of transfer deed
In the case of shares dealt in or quoted on a recognised stock exchange, at any time before the date on which the register of members is closed, in accordance with law, for the first time after the date of the
presentation of the prescribed form to the prescribed authority under clause (a) of section 108(1A) or within twelve months from the date of such presentation, whichever is later. In any other case, within two months from the date of such presentation.

Ajay Mishra

Ajay Mishra (Expert)
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26 February 2013
Extension of validity of transfer deed
Where the validity period of an instrument of transfer has expired, namely, the instrument is beyond 12 months from the date of presentation to the prescribed authority or from the date of book closure which ever is later in case of shares of a listed company and in other case 2 months from the date of presentation, the holder may make an application in Form 7C (Appendix 6) to the Registrar of Companies requesting for extension in the validity. The fee for such application is Rs.50 where the nominal value of the shares is upto Rs. 5,000 and the fee is Rs. 100 where the value exceeds Rs. 5000.
The application shall be made to the Registrar of Companies, where the registered office of the Company is situated or under whose jurisdiction the transferor or transferee resides. The Registrar on satisfaction of the cause shown in the application shall extend the validity for a period of 30 days from the date of approval by the Registrar. It should be noted that further extension will not be provided by the Registrar. Therefore, the transfer deed should be lodged with the company within the extended period only.

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