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Share Transfer

Share transfer is the process by which ownership of shares in a company is transferred from one person (transferor) to another (transferee). This is a common event in corporate governance, driven by various reasons such as sale, gift, or inheritance. Proper share transfer ensures that the company's records are updated accurately, reflecting the true ownership structure, and it's vital for maintaining legal compliance and shareholder rights.

This is a fundamental aspect of Private Limited company law, as shares are considered movable property and are generally transferable, subject to the company's Articles of Association (AoA) and provisions of the Companies Act,

Laams Tax Consultancy provides expert assistance for share transfers, ensuring a smooth and legally compliant process. Our services cover all necessary documentation, PT Return filings , and adherence to company law provisions, making the share transfer process efficient and error-free for your business.

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Mandatory Documents

Registration Process

Benefits

Common Mistakes

Why Choose Us

Requirements and Eligibility

Valid Share Certificates

For physical shares, original share certificates are required. For dematerialized shares, the shares must be held in a Demat account.

Transfer Deed (Form SH-4)

A duly filled and stamped share transfer deed is essential, signed by both the transferor and transferee.

Board Resolution

The company's Board of Directors must pass a resolution approving the share transfer.

Documents Required for Share Transfer in Chennai

1. Share Transfer Deed (Form SH-4)

Form SH-4 is the official document for transferring shares in a company, containing details of the transferor, transferee, number and class of shares, and consideration paid. It must be duly signed by both parties and affixed with applicable stamp duty. Filing this form within 60 days of execution is mandatory for legal validation.

2. Original Share Certificates (for physical shares)

In the case of physical shareholding, the original share certificate must be surrendered for endorsement or cancellation. This serves as proof of ownership and must match the details in the transfer deed. Without the original certificate, the share transfer process cannot be completed.

3. PAN Cards

Self-attested copies of PAN cards of both the transferor and the transferee are required for identity verification. This ensures compliance with income tax laws and prevents fraudulent transactions. The names on the PAN cards should match those mentioned in Form SH-4.

4. Address Proof

Self-attested address proof (such as Aadhaar Card, electricity bill, or bank statement) of both the transferor and transferee must be submitted. These documents confirm the residential identity of both parties involved. The address proof should not be older than 2–3 months and must be clearly legible.

5. Board Resolution Copy

A certified true copy of the Board Resolution approving the share transfer is essential for completing the process in a private limited company . It confirms that the company’s Board has authorized and accepted the transaction. This resolution must be recorded in the company’s minutes and signed by an authorized director.

Process or Compliance Filing Online in Chennai

Step 1: Execution of Share Transfer Deed

The Share Transfer Deed Form SH-4 is prepared and executed by both the transferor and transferee.

step 2: Stamping of Transfer Deed

The transfer deed must be adequately stamped as per the applicable Stamp Act.

Step 3: Submission to Company

Submit the duly executed and stamped SH-4 along with the original share certificates (in case of physical shares) to the company’s registered office within the prescribed time (generally 60 days from execution).

Step 4: Board Meeting for Approval

The Board of Directors reviews and approves the share transfer during a Board Meeting. The decision is recorded in the minutes, making the transfer legally valid.

Step 5: Update Register of Members

Upon approval, the company updates its Register of Members (Form MGT-1) to reflect the transferee’s details as the new shareholder.

Step 6: Issuance of New Share Certificates

  • For physical shares, new share certificates are issued to the transferee within 1 month.
  • For Demat shares, the transfer is effected by crediting the transferee’s Demat account.

Step 7: Filing Form PAS-3 (if applicable)

If the transfer leads to an increase in paid-up capital (due to re-issue of forfeited shares or fresh allotment), Form PAS-3 must be filed with the Registrar of Companies (ROC).

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Benefits of Share Transfer in Chennai

Clear Ownership: Ensures accurate and updated records of share ownership, preventing future disputes.

Legal Validity: Compliant transfer process ensures the transaction is legally sound and recognized by the company and regulatory bodies.

Facilitates Investment: A transparent share transfer process encourages investment and divestment in the company.

Common Mistakes or Compliance Penalties

Insufficient Stamping: Under-stamping of the share transfer deed.

Incorrect Details: Errors in the transfer deed or mismatch of signatures.

Delay in Updating Records: Failure to update the Register of Members promptly.

Why Choose Laams Tax Consultancy for Share Transfer

Laams Tax Consultancy provides meticulous support for share transfers, ensuring accurate documentation, proper stamping, and timely updation of company records. Trust our Top One Person Company Registration Services for a smooth and legally sound share transfer process.

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