Share Transfer

Others 982 views 5 replies
Dear All, Unlisted Public Company has alloted shares of Rs. 10 each at Rs. 20 each. Now one share holder of the company wish to transfer his shares in May. Following are some queries: 1. Is it neccessary to make transfer at the same rate at which allotment was made so recently.or transfer price will be decided at the wish of trasferor and transferee? 2. If the shares are transfered at a price higher than face value then Stamp Duty on transfer will be calculated on Face Value or on such higher price per share? 3. Is it neccessary to pay the consideration in cash to Trasderor by Trasferee? Is is possible to pay the part consideration in cash and part consideration as ' repayment of loan of transferor'? Regards, Pooja
Replies (5)

Tranfer price shall be mutually decided by party, transfer stamps shall be based on consideration, I dont think you can pay consideration to pay off loan, as there are separate rules regulation regarding loan which will effect the transaction.

 

 

thanks

Csjyotika

Dear Pooja,

1. Transfer price is to be mutually decided between the parties. It is a commercial call of the parties involved.

2.The Stamp Duty will be on the price at which the shares are transferred.

3.The mode of payment for the agreed consideration is a decision of the parties so long as they are able to support it with adequate documentation. 

 

Regards

Kamal

 

 

It is not necessary dat tranfer price shud be the same as allotment price....it can be higher also and lower also as may be mutually decided by the parties...The stamp duty has to be paid on the transfer price and not on the face value...

The mode of payment is also mutually decided by the parties as per dere convenience...

Regards

Shivi

 

 

Agreed with Shivi... rate of stamp duty is 0.25%

also keep in mind that in the case of unlisted companies Transfer deeds are valid for only two months Section 108(1A)


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