Urgent - - Share transfer for Private limited company

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Chandrakumar Krishnamoorthy

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Aug 27, 2014, 2:54:55 AM8/27/14
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Dear Team, 

I need some clarification for the below query. Please assist anyone to proceed my work forthwith.

1. The private limited company have formed under companies act 2013 and have two directors. 

2. Now, the directors want to transfer the shares to someone who is friend of them, but they are just share holders.

I have known some procedure as regards how to transfer the shares, such as SH4 and board solution, but I want to know from the scratch to the end of the procedures. 

Please help me anyone to understand and proceed

Thanks and Regards,
Chandrakumar. K 


Malina Jain

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Aug 27, 2014, 3:04:01 AM8/27/14
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Just fill up form SH-4, i.e. the transfer deed, get it franked with the amount of stamp duty.

Get it signed from the transferror & the transferee.

pass board resolution for the same.

on the back of share certificates, mention the transfer no. & the name of the transferee.

Lastly prepare transfer register for the same.



Regards,
Malina

Jayashree Chandrasekaran

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Aug 27, 2014, 3:05:15 AM8/27/14
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The procedure is perfect....since you are talking of Private company pls check the Articles first and then proceed


Jayashree


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Prem Tripathi

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Aug 27, 2014, 3:07:54 AM8/27/14
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I have one reservation w.r.t. franking on SH 4. 

Instead of franking, you have to affix Share Transfer Stamps as per Indian Stamp Act (@0.25% of consideration.

Regards,

CS. Premnarayan Tripathi
Ahmedabad

Pooja Barot

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Aug 27, 2014, 3:11:26 AM8/27/14
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I think Share transfer stamps are banned.
Regards,
 
ACS Pooja Barot

Jayashree Chandrasekaran

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Aug 27, 2014, 3:18:33 AM8/27/14
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they are not banned....very much in use in Chennai

Jayashree

Pooja Barot

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Aug 27, 2014, 3:21:53 AM8/27/14
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Ok. Its banned in Maharashtra.

shakunthala thota

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Aug 27, 2014, 3:24:38 AM8/27/14
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Stamps usage much in Hyderabad
Thanks & Regards,
Shakunthala
Executive

Chandrakumar Krishnamoorthy

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Aug 27, 2014, 4:24:32 AM8/27/14
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Hi Team,

Thanks for the swift response. I need one more question. 
 
Is issuing Share Certificate important??? If yes, I need format, Also, I need board resolution for MGT-14. 

Regards,
Chandrakumar. K 

Chandrakumar Krishnamoorthy

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Aug 27, 2014, 4:47:02 AM8/27/14
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Hi Jayashree, 

Please help me with regard to the below query.

Thanks in advance

Regards,
Chandrakumar. K

On Wednesday, August 27, 2014 12:24:55 PM UTC+5:30, Chandrakumar Krishnamoorthy wrote:

CS Simranjeet Singh

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Aug 27, 2014, 4:54:07 AM8/27/14
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yes issuing Share certf is imp. they act as evidence of ownership of shares mentioned therein.... you have to use form SH-1 as given in rules.. MGT 14 is not req to be filed in transfer of shares..

 
 
Regards,


Simranjeet Singh
Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

   



Chandrakumar Krishnamoorthy

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Aug 27, 2014, 5:18:30 AM8/27/14
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Dear Simranjeet Singh

Thank you very much for your timely response. So, we don't need to pass the resolution for this and also filing it to the ROC through MGT-14.  

One more question, the director, who is transferring shares to the person who is NRI. In this case, what is the procedure to be followed apart from the issue of share certificate and SH-4, that is, I have came to known that if transfer of shares to anyone who is residing outside India to be filed with RBI in the form FC-TRS. If yes, Please tell me whether we have to do through online and documents required for the e-filing process. 

Thanks in advance, 

Regards, 
Chandrakumar. K 


On Wednesday, August 27, 2014 12:24:55 PM UTC+5:30, Chandrakumar Krishnamoorthy wrote:

CS Simranjeet Singh

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Aug 27, 2014, 5:27:11 AM8/27/14
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dear you need to pass BR for this. for ur records. but this resolution is not to be filed with roc in mgt-14.. yes u r right RBI Compliance in form FC-TRS is to be done.. i have not done this compliance till now but for info on filing of this form and preocedure kindly visit RBI site..

 
 
Regards,


Simranjeet Singh
Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

   



Chandrakumar Krishnamoorthy

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Aug 27, 2014, 6:43:07 AM8/27/14
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Dear Simranjeet Singh, 

Thank you very much for your response.

Regards,
Chandrakumar. K 

On Wednesday, August 27, 2014 12:24:55 PM UTC+5:30, Chandrakumar Krishnamoorthy wrote:

Chaitanya Sharma

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Feb 13, 2015, 2:09:09 AM2/13/15
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Dear all,

Please any one give solution of the following situation:

there was share transfer deed (in old form) executed between transferor and transferee, but they not submitted before company. Now the transferee presented the aforesaid form before company and requested to give share certificate to him. My query: is there any provision under new companies act 2013, which support the transferee and whether old form is valid for the same after 1 or 2 years later.
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