Transfer of shares to a relative of director

Others 2382 views 1 replies
Dear All

Does transfer of shares to one of the relative of director is covered under contract or arrangement under section 299 of the Companies Act, 1956?

Please go through the below case of a public unlisted company:


The Company has allotted shares to its employees under Employee Share Purshase Plan. A Share Transfer Committee has been formed consisting of 3 members for approving transfer of shares. Some shares are to be transferred from an employee to a person who is related to two members of the Committee. Can the transfer be approved by the Share Transfer Committee? or the Committee needs to be reconstituted for adding more members?

Also consider the case of a private company having two directors who are also the members. Can they transfer shares among themselves/ or their relatives in the Board Meeting?

Does transfer of shares to a relative involves any interest of a director?


Regards

Preeti Gandhi
Replies (1)

dear preeti,

as per my view section 299 will cover share transfer also reason being as per the language of the section 299 all the arrangements are covered in which directors are directly as well as indirectly interested.

Your third query is regarding share transfer in private company among directors who are members also- as per my view there is no legal restriction as shares in private company are freely transferable among members and directors.

 


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