Share Transfer
The ownership of a Private Limited Company in India is decided by the shareholding of the Company. For inducting new investors or transferring the ownership of the company the shares of the company need to be transferred. The company's interest could be sold to attract new investors or to pass the control of the company.
Who is involved in Share transfer?
• Subscribers to the memorandum
• The legal representative in the case of a deceased
• Transferor
• Transferee
• Company (Whether listed or unlisted)
Transfer Deed
The transferor transferee should execute the share transfer deed as an instrument. This share transfer deed is to be duly signed and delivered to the Company along with the certificate that is relevant to the shares that are transferred. The company will not accept any instrument of the transfer which is not in confirmation with these provisions. In the physical mode, the transfer should be executed in Form SH 4.
Form SH-4
This is the most important instrument of transfer through which the process is initiated. The transferor will have to submit the SH4 that is duly executed, dated, and stamped to the company. The SH4 contains the following information:
• Execution date
• CIN of the company
• Name of the Company
• Class of the securities
• Nominal value/ Amount called up/ Amount paid up of the securities.
• The securities that are to be transferred at a consideration or Rs... Distinctive no. of shares, certificate no.
• Name of the transferor along with his Folio No, Signature. Also the same should be witnessed.
• Name of the transferee along with the details like Father’s name, address, Email id, occupation, Folio, Signature.
• The instrument of the transfer should be duly stamped as per the Indian Stamp Act. of 1899.
• Once all the details are submitted then the same company will see if everything is in place and will register the same. A share certificate is issued and endorsed, to the transferee within one month of the receipt of the Instrument of Transfer.