Pvt ltd co - share transfer - how?

abc (Student CA Final ) (132 Points)

14 January 2013  

Please clear me on the following.

I have read that Shares of PVT LTD CO cannot be TRANSFERRED FREELY as AOA dont allow the same and RESTRICT IT...

FACTS OF THE CASE -

if there are 3 directors A, B & C

- DIRECTOR "A" (external party) wants to resign and give up his shareholding,

- AND B & C (both husband & wife) WANTS TO CONTINUE

- and also company gets "D, E, F, G, H, I, J, K, L, M, & N" i.e. 11 new shareholders all these 11 are RELATIVES OF CONTINUING DIRECTORS i.e the above couple B & C


THEN QUESTION IS -

(1) WILL IT BE POSSIBLE ONLY THROUGH BUY BACK ROUTE i.e. company buys back AND REISSUES?

OR

(2) CAN THE SHARES BE DIRECTLY TRANSFERRED WITHOUT BUYBACK?

PLEASE REPLY URGENTLY - THANKSS