Procedure for Transfer of shares. Procedure for transfer of shares under companies act, 2013. Check Share Transfer Procedure, My this article talks about the transfer procedure and analysis regarding the transfer of shares from one person to another, what is meant by that, what are the conditions, in which section it has been mentioned, what is the detailed provisions for the same, is share transfer deed compulsory and all the answers to the above question has been mentioned. I have summed up all the provisions related to transfer of shares in this article.

What is meant by transfer of shares ?

As we all know that shares are the property which can be freely transferable and movable property but there are some provisions which need to be complied for an effective transfer of shares. Transfer of shares in the public company are always freely transferable, but the transfer of shares in private companies have some restrictions, which we need to discuss about. The procedure for transfer of shares has been mentioned in the Section 56 of the Companies Act, 2013.

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Time limit for issuing share certificate

A company is bound to give the share certificate to the new owner within 1 month from the date of instrument of transfer being received by the company unless otherwise restrictions applicable to the company.

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Stamp Duty on transfer of shares

Stamp duty liability arises when there is transfer of shares from one person to another. The liability of stamp duty payable is on the seller of the shares. The seller has to pay an amount equivalent to Rs. 0.25 per 100 shares transferred. This may change from time to time, you may refer to current rates.

The only case when stamp duty liability does not arise is when shares are transferred from a person to depository or from depository to any other beneficial person.

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Transfer deed:

Transfer deed or any other document which may denote the transfer of shares is must in case of transfer of shares. Without this document the transfer procedure cannot be processed.

Instrument for transfer:

Form SH.4, which is an instrument for transfer needs to be delivered to the company within 60 days from the date of such execution

Restriction over transfer of shares:

Private limited companies are restricted by the articles of association for restriction as they are mainly issued to the family members.

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Refusal for transfer:

Company may refuse the seller to sell or transfer the shares from 30 days from the day on which instrument of transfer was filled.

Appeal against refusal:

Seller may appeal against the company where company has refused his proposal for transfer of shares, within 60 days from the date of such refusal order.

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