Articles of pvt ltd company

articles of a private limited company  allowing  free transfer of shares by members to their  wives and children who are not members.

is this article valid under company law or is it compulsory that shares cannot be freely transferred to non members even if article allows such free transfer to a specified class who are not members-in this case to the wives and children of the members?  
 

Replies (3)

Transfer of shares involves a contract between the seller and buyer of shares.  Company has to just record the transfer in its records if it is as per applicable laws.  As regards consideration for transfer, the company does not come into picture.  Why it should be part of the Articles of the company is not clear. 

 

dear mr p c agarwal

first of all thank u for yr post.

i think u misunderstood my query.

i have not stated anything about consideration for transfer of shares.

articles of association of most pvt ltd companies place restriction on transfer of shares to non members and at the same time allow free transferability between the members.

my query is that if the articles of association of a pvt ltd co. also allow free transferability of shares by existing members to their  wives and children who are not existing members of the company then in such a case is it valid under the company law?

in other words can article provide for free transferability by a member to a specified class who are not members?

is such an article valid or does it violate the company law by allowing free transferability of shares to a certain class of non members?

Thanks for clarifying your query.  The Companies Act does not provide that the shares of a private company cannot be transferred to non-members.  Hence the said provision in the articles for free transferability to family members is perfect and legal.

 

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details