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Hide Data from the Share Transfer Agreement

Hide Data from the Share Transfer Agreement

Aug 6th, 2022

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Can a shareholder transfer shares without consideration?

The Commissioner of Income Tax (Appeals) [CIT(A)], ruled that that Share Transfer without consideration or at a price lower than Fair Market Value (FMV) is chargeable to income tax.

Do you need shareholder approval to transfer shares?

The company will often need to get shareholders approval before it can issue or transfer shares. This is usually done at a general meeting, where all the shareholders will have the opportunity to vote on the proposal. Shareholders usually acquire pre-emption rights under the Companies Act.

Can you restrict transfer of shares?

Shareholders in a private company limited by shares will often wish to control who becomes a fellow shareholder in the company, and therefore it is common for the companys articles of association and/or shareholders agreement to contain provisions restricting the transfer of shares.

Can shares be transferred without consent?

Consent of all members A very simple rule which is effective for many situations, is that no share can be transferred without the consent in writing of every shareholder.

What is the difference between share transfer agreement and share purchase agreement?

The agreements both deal with the same subject matter, the only difference being that Share Purchase Agreement might be revoked after signing, but the Share Transfer Agreement, puts the name of the buyer in the official list of shareholders of the company thus making the shareholder liable for his unpaid share capital.

What are the important clauses in share transfer agreement?

Warranties, Guarantees, Indemnities, and Covenants are all key clauses of the Share Purchase Agreement.

What are the rules for transfer of shares?

How to Transfer Shares of a Private Limited Company Step 1: Obtain share transfer deed in the prescribed format. Step 2: Execute the share transfer deed duly signed by the Transferor and Transferee. Step 3: Stamp the share transfer deed as per the Indian Stamp Act and Stamp Duty Notification in force in the State.

What are the grounds for refusal of transfer of shares?

Grounds of appeal in rejection of transfer of shares: When the board has acted with malafide intentions. Insufficient or irrelevant reasons are not specified in the articles.

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