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Transfer of shares in case of private company

zankhana Trivedi (Company Secretary) (462 Points)

24 March 2012

Dear All,

Please give me your opinion for the below given query.

In a Private Company there are Two Directors and both are the only members of the Company (Mr. X & Mrs. X). Now they want to gift shares to their daughter & daughter's husband.

Is it possible? what could be the procedure for such transfer of shares by way of gift. how to calculate share transfer fees.?

Please guide me.

Thanks & Regards

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8 Replies

Charu Srivastava (Company Secretary) (4210 Points)
Replied 24 March 2012

The procedure of registration of shares gifted is same as the procedure for a normal transfer. The stamp duty is also applicable in case of gifted shares, and the duty is at 0.25% of the market value prevailing on the date of execution of the transfer deed by the transferee.

Jiten Gupta (Company Secretary) (1693 Points)
Replied 24 March 2012

As per my view, apart from normal transfer procedure, Gift deed shall also be executed and both docs (Transfer Deed and Gift Deed) shall be delivered to company with evidence of stamp duty payment.

Charu Srivastava (Company Secretary) (4210 Points)
Replied 24 March 2012

No need to execute Gift deed...

just see the Question 2 of the following link

https://www.kirloskarkpcl.com/html/investorrelations/Tranfer%20Of%20Shares.htm

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Jiten Gupta (Company Secretary) (1693 Points)
Replied 24 March 2012

then How will the company come to know that shares has been gifted nd not transferred????

Charu Srivastava (Company Secretary) (4210 Points)
Replied 24 March 2012

The Company is interested in updatig the register of Members.

It wont make a difference where ownership is changed through transfer or gift.

zankhana Trivedi (Company Secretary) (462 Points)
Replied 24 March 2012

Dear All,

The Article of Private Company reads as follow:

Save as hereinafter provided no share shall be transferred who is not a member of Company so long as any member or any person selected by the Directors as one whom it is desirable in the interest of the Compnay to admit to membership is willing to purchase the same at fair value.

Now here there are only two members who are the Directors of the Companly also. Since the question of offering shares to other members does not arise, the Company can Accept the Transfer of shares to other who are the relatives of the member.

The question is that whether such transfer by way of gift possible or it has to be at fair value.

Please suggest.

SURABHI AGRAWAL (ARTICLE) (28 Points)
Replied 04 June 2012

which date will be considered as date of transfer in case of private company shares???????

plz answer this question and if you have any case law based on this give that also

(Guest)

Originally posted by : Charu Srivastava
	No need to execute Gift deed... just see the Question 2 of the following link https://www.kirloskarkpcl.com/html/investorrelations/Tranfer%20Of%20Shares.htm