Six hundred equity shares of Aastha Ltd. are presently held jointly by Aman, Raman and Shraman-their names appearing in the share certificates in this order. The joint shareholders want a transposition of the names in th

CS Executive · Company Law · PYQS · June 2024
Six hundred equity shares of Aastha Ltd. are presently held jointly by Aman, Raman and Shraman-their names appearing in the share certificates in this order. The joint shareholders want a transposition of the names in the order Raman, Shraman and Aman only in respect of two hundred shares. State the procedure under Companies Act, 2013.

Answer & Explanation:

In the case of joint-shareholders, one or more of them may require the company to alter or rearrange order of their names in the register of members of the company. In this process, there will be need for effecting consequential changes in the share certificates issued to them. If the company provides in its articles that the senior-most among the joint- holders will be recognised for all purposes like service of notice, a copy of balance sheet, profit and loss account, voting at a meeting etc., the request of transposition may be duly considered and approved by the Board or other authorised officer of the company. Since no transfer of any interest in the shares take place on such transposition, the question of insisting on filling transfer deed with the company, may not arise. Transposition also does not require stamp duty. Transposition of names of shareholders in the register of members do not require the execution through instrument of transfer in Form SH-4. The Stock Exchange Division of the Department of Economic Affairs has clarified that there is no need of execution of transfer deed for transposition of names if the request for change in the order of names was made in writing, by all the joint-holders. If transposition is required in respect of a part of the holding, execution of transfer deed will be required.

Topics: Share Capital and Debentures

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