Procedure for transfer of shares under companies act, 2013



In case of a private company(AOA authorises transfer of shares)

Mr. X wants to transfer his shares by way of gift to Mr. Y.

They are not relatives as per I.T.Act, 1961.

1. Would any provisions of Companies Act, 2013 applicable?

2. What value needs to be entered in Form SH-4.

3. Stamp duty on what amount as there is no consideration

 
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Thanks Dear ONCE AGAIN ........

 
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@ Rodin - FEMA regulations in case of transfer of shares from resident to non-resident requires "A price not less than the fair value worked out as per any internationally accepted pricing methodology for valuation of shares on arm’s length basis and the price should be duly certified by a Chartered Accountant or SEBI registered Merchant Banker.".

Hence NAV is also acceptable.

 
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thanks a lot ankur ji

 
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hi i have a quick extended question. A company Pvt Ltd, has incurred losses and have a negative network of Rs. 42 lacs and a loan of Rs. 40 Lacs. 

Can the shares be allotted to the person who has given Loan, with his consent? I dont see any challange here. 

Now once the shares are allotted, can he sell these shares to outsiders at an intrinsic value? The intrinsic value against Rs. 10 share will be Rs. 0.05 as total networth is vanished. And the person who has given loan is husband of original Promoter. and he woudl like to give these shares to new promoters. Do we see any challange on this?

Regards

Radha Krishna Komaragiri

 

 

 
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CA Articleship

Practically, you can issue a share certificate in back date.

 
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Accountant

Hi All,

Can someone please help me with this -

  1. Format of the transferor’s notice to the company in writing regarding his intention to transfer his share to the company.
  2. Format of the company’s notification to other members as regards the availability of shares, the price at which such share would be available to them and the time limit within which they should communicate their option to purchase shares on transfer.
  3. Does each member get a copy of the compay’s notification about these shares?

Thanks in advance

Regards,

Geetha

 
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Chartered Accountant

Dear Ankur Sir,

Incase a company has doce subdivision of shares, and new shares certificates are to be issued, in whose name should the new certificates be issued in cases where there have been transfer of shares? i.e. the back side is endorsed. 

The share certificate after subdivision should be in the name of the present shareholder or in the name of original shareholder?

 

Thank you

 

 

 
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Chartered Accountant

Dear Ankur Sir,

Incase a company has doce subdivision of shares, and new shares certificates are to be issued, in whose name should the new certificates be issued in cases where there have been transfer of shares? i.e. the back side is endorsed. 

The share certificate after subdivision should be in the name of the present shareholder or in the name of original shareholder?

 

Thank you

 

 

 
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Anuragji.

I resigned as a director in a pvt.ltd company in October 2014 and immediately on the same week I also signed the share transfer forms etc.

After long gap they called me last week and said, they lost the share transfer forms and that I should sign again another application form.

what is the procedure sir?    regards  viswanathan 

 
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