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Frequently Asked Questions
How does transfer of shares takes place after death of shareholder in India?
When shares have to be transferred in case of death of the shareholder: One of the most important things that demat account holders should do is appoint a nominee. This will make it easy for the beneficiaries to claim the shares held in the demat account, in the event of the holder’s untimely death.
What is share transfer law in India?
Under section 56 of the Companies Act, 2013 a company will register a transfer of securities of the company (which includes shares), only when a proper instrument of transfer as per the format laid down in Form No SH. 4 (when such securities are held in the physical form).
The form needs to be duly stamped, with adequate value, dated and executed by or on behalf of the transferor and the transferee.
The form needs to be sent to the company by the transferor or the transferee within a period of sixty days from the date of execution, along with the share certificate/certificate relating to the securities. In case there is no such certificate, the application must be sent along with the letter of allotment of securities.
A company will not register a transfer of partly paid shares, unless the company has given a notice in Form SH-5 to the buyer and has obtained no objection from the buyer within two weeks from the date of receipt of notice.
What is share transfer agreement of in India?
Shares transfer agreement, also referred as a stock purchase agreement. The agreement is a legal document used to transfer the ownership of shares of stock. The party transferring shares could be a person or a company. This agreement type is usually entered into by a buyer and a seller where the seller wishes to sell a specific number of shares to the buyer for an agreed upon price. The shares transfer agreement specifies the terms and conditions of the sale.
The agreement normally contains:
- Details about the party transferring the shares.
- Consideration in exchange of shares to be received by seller.
All Information about the shares such as the share type and the share value
Difference between transmission and transfer of shares in India
When the holder of shares is no more or has been declared lunatic or insolvent or incase the holder of shares is a company, and it has wound up then transmission of shares takes place according to the operation of law.
There is no transfer deed executed, and the transferee will be given the rights to the shares, and the transmission is recorded only when the transferee gives proof of entitlement to the shares. The shares of a public company are freely transferable and the transfer takes place between the transferor (one who transfers) and the transferee (one who receives), unless the company has a valid reason to disallow the same. The shares of a private limited company are not transferable subject to certain exceptions. A transfer deed is executed for the transfer of shares
In the case of transfer of shares is there any Tax that is liable?
Yes, in the case of transfer of shares, there may be tax liabilities depending on the nature of the transfer and the applicable tax laws. If the shares are held for a period of less than 12 months, the transfer may attract short-term capital gains tax, which is calculated based on the difference between the sale price and the cost of acquisition. If the shares are held for more than 12 months, long-term capital gains tax may apply, which is calculated at a lower rate. The tax liability may vary depending on the type of share and the residency status of the buyer and the seller.
The shares being held by an Indian Shareholder are being transferred to a Non-Indian shareholder. Is there any other filing/compliance that is needed?
Yes, if shares held by an Indian shareholder are being transferred to a non-Indian shareholder, there are some filings and compliance requirements that need to be met. The transfer must be reported to the Reserve Bank of India within 60 days of the transfer, using the prescribed form. Additionally, the company must ensure compliance with all relevant provisions of the Foreign Exchange Management Act, 1999, and any other applicable laws and regulations. The non-Indian shareholder must also obtain any necessary approvals and comply with any other requirements under Indian laws.
The shares being held by a non-Indian Shareholder are being transferred to an Indian shareholder. Is there any other filing/compliance that is needed?
Yes, if shares held by a non-Indian shareholder are being transferred to an Indian shareholder, there are some filings and compliance requirements that need to be met. The transfer must be reported to the Reserve Bank of India within 30 days of the transfer, using the prescribed form. Additionally, the company must ensure compliance with all relevant provisions of the Foreign Exchange Management Act, 1999, and any other applicable laws and regulations. The Indian shareholder must also ensure compliance with the Income Tax Act, 1961, and pay any applicable taxes.
The shares being held by a non-Indian Shareholder are being transferred to another Non-Indian shareholder. Is there any other filing/compliance that is needed?
Yes, if shares held by a non-Indian shareholder are being transferred to another non-Indian shareholder, there are some filings and compliance requirements that need to be met. The transfer must be reported to the Reserve Bank of India within 60 days of the transfer, using the prescribed form. Additionally, the company must ensure compliance with all relevant provisions of the Foreign Exchange Management Act, 1999, and any other applicable laws and regulations.
We incorporated a company but we do not have a share certificate, how can we transfer shares of my company?
In order to transfer shares of a company, it is necessary to have share certificates. If your company has not issued share certificates, you must first issue them to the shareholders. Once the share certificates are issued, the transfer of shares can take place through a share transfer deed. The share transfer deed must be executed by both the transferor and the transferee, and it must be stamped and registered with the Registrar of Companies.
Is there any relaxation in compliance for the shifting of a registered office?
Yes, the Ministry of Corporate Affairs has provided some relaxation in compliance for shifting the registered office of a company from one state to another state. Companies are allowed to conduct the process through e-forms without the need for a physical hearing. Additionally, companies are not required to advertise their notice in newspapers if the shifting is within the same city or village. However, compliance with all other requirements must be met.