Transfer Of Shares
Transfer of Shares refers to the legal process through which the ownership of shares in a company is shifted from one shareholder to another. This transfer is carried out using a proper legal document known as a Share Transfer Deed (Form SH-4). After submission and approval by the company’s Board of Directors, the company updates its official records and the new person becomes the registered shareholder.
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What is Transfer Of Shares?
Why Choose This?
Easy Ownership Change
Share transfer allows shareholders to transfer their stake in the company without affecting the company’s operations.
Flexible Investment Exit
Investors can exit the company by transferring their shares to another buyer when they wish to liquidate their investment.
Legal and Transparent Process
The process is regulated by the Companies Act, 2013, ensuring transparency and legal security for both parties.
Continuity of Business
Transfer of shares does not interrupt the business operations of the company, allowing it to continue functioning normally.
Opportunity for New Investors
It allows new investors or partners to join the company by acquiring shares from existing shareholders.
Registration Process
Check the Articles of Association (AOA)
The shareholder should review the company’s Articles of Association to understand any restrictions or conditions related to share transfer.
Inform the Company
The shareholder who wishes to transfer the shares must notify the company about their intention to sell or transfer their shares.
Preparation of Transfer Deed
The Securities Transfer Form (Form SH-4) must be properly prepared with details of the shares, certificate number, and parties involved.
Signatures and Witness
Both the transferor and transferee must sign the transfer deed in the presence of a witness who verifies the authenticity of the signatures.
Payment of Stamp Duty
Applicable stamp duty must be paid on the transfer deed as per government regulations.
Submission to the Company
The signed transfer deed along with the original share certificate must be submitted to the company within the prescribed time period.
Board Approval
The company’s Board of Directors reviews the request and passes a resolution approving the transfer.
Update Company Records
After approval, the company updates its Register of Members and records the transferee as the new shareholder.
Documents Required
- Form SH-4 (Securities Transfer Form) duly signed by both parties
- Original Share Certificate issued by the company
- PAN Card copies of the transferor and transferee
- Address proof of the transferee (Aadhaar, Passport, or Voter ID)
- Stamp duty payment proof
- Board resolution copy approving the share transfer
- No Objection Certificate (if applicable)
- Indemnity Bond (if required)
- Proof of payment/consideration for the shares
Frequently Asked Questions
The share transfer process generally takes a few weeks after submitting the documents, depending on the company’s verification and board approval process.
Yes, stamp duty is mandatory on share transfer forms and is calculated based on the value of the shares being transferred.
Yes, shares can be transferred to a new individual or entity, but in private companies the Articles of Association may require approval from existing shareholders or directors.
Once the transfer is approved, the company updates its Register of Members and records the transferee as the new shareholder.