Can private shares be transferred?

Can private shares be transferred?

Can private shares be transferred?

Yes, private company shares can be transferred to a spouse or children. The company’s articles of association may need to be amended to allow for this and the shareholders to approve it by passing a special resolution.

What documents are required to transfer shares?


  • Income Tax PAN. Income Tax PAN of both transferee and transferor.
  • Passport Photo. Passport Photo of both the transferee and transferor.
  • Aadhaar Card. Voter ID Card of both the transferee and transferor.
  • Share Certificates. Original Share Certificates of the Transferor.

Can you transfer shares of a company to another person?

Stocks can be given to a recipient as a gift whereby the recipient benefits from any gains in the stock’s price. Gifting stock from an existing brokerage account involves an electronic transfer of the shares to the recipients’ brokerage account.

Do you pay stamp duty on transfer of shares?

the share transfer is exempt from Stamp Duty and no relief is being claimed, or. the amount paid for the shares is not a chargeable consideration.

Is valuation required for share transfer in private limited company?

It is important to check if the “Sale consideration” that he receives from the buyer is at least equal to or more than the “Fair Market Value” (“FMV”) as defined under Rule 11UA of The Income Tax Rules, of the shares sought to be transferred.

When can shares be transferred?

In case of subscribers to memorandum – within a period of 2 months from the date of incorporation. In case of allotment of any of its shares – within a period of 2 months from allotment date.

Can shares be transferred without consideration?

Transfer without consideration is Void: Share transfer without consideration is void. Transfer in family arrangement: Transfer of shares on basis of family arrangement without complying with provision of Section 108 is valid.

What is the procedure for transmission of shares?

Document required for transmission of shares

  1. Transmission Request Form(TRF)
  2. Affidavit on 100/- stamp paper for claiming the legal heir of the beneficial owner.
  3. Notarized copy of the death certificate.
  4. Indemnity deed on 500/- indemnifying both, the depository and Depository Participants (DP)
  5. NOC From legal heirs.

How do you change shareholders of a company?

How to add new company shareholders. You can appoint (add) new company shareholders at any point after incorporation. To do so, existing shares must be transferred or sold by a current member to the new person. Alternatively, you can increase your company’s share capital by allotting (issuing) new shares.

Do you need shareholder approval to transfer shares?

The directors of any other company (for example, with more than one class of shares) must have shareholders’ authorisation to issue new shares. The company’s articles of association might give the directors this authorisation.

What are the restrictions on transfer of shares?

The restriction basically embodies the principle that if a shareholder of a private company wishes to sell some shares, the existing shareholders have a right to be offered these shares first and on their refusal or failure to act within the given time, the shares can be sold to a third party.