Partner
22 Points
Joined November 2007
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Originally posted by : Ashish |
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Can a director transfer is 20% share to a person who is not a director in such company? |
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In case of a private company,AOA can contain any restriction on transfer of shares as agreed between shareholders or some of them and company,since restriction on share transfer is one of the major defining criteria of private limited company under the provisions of Section 3 of the Companies Act.Section 111 of the Act is applicable to public company and subject to provisions of this Section,the Shares or debentures and any interest therein shall be freely transferable.Waiving the right of free transferability of shares in public company has no specific prohibition under Section 111A of the Act, a public company by its articles can restrict and regulate transfer of its shares and the article may reflect voluntary waiver of rights to transfer of shares through shareholders agreement.
Therefore it is concluded that AOA of the company regulates transferability of shares and the AOA can be amended as to requirements and needs arising time to time.