Vivek Goel, one of the Shareholders of J.K. & Company Ltd., an unlisted public company, holds 100 Equity Shares in the Company bearing Share Certificate No. 17 having distinctive number from 1101 to 1200. During the

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2018
Vivek Goel, one of the Shareholders of J.K. & Company Ltd., an unlisted public company, holds 100 Equity Shares in the Company bearing Share Certificate No. 17 having distinctive number from 1101 to 1200. During the settlement of financial claim in the family, it was decided that these shares will be transferred to his younger brothers Animesh Goel and Sudhesh Goel equally. The fair market value of the Share is ₹ 156 each share. Draft the checklist for Secretarial department of J.K. & Company Ltd. while ensuring the approval of this transfer.

Answer & Explanation:

Ensure that: The requirements contained in the Articles of Association have been followed. A request for split of the share certificates has been obtained and the same is approved by the Board. The prescribed instrument of share transfer (SH-4) has been duly completed and stamped as per prevailing stamp duty. The share transfer deed must be dated and executed by or on behalf of the transferor and by the transferee, and specifying the name, address and occupation of the transferee have been delivered to the company within 60 days from the date of execution, along with the original share certificate. Ensure that the company receives physical instrument of transfer in Form SH-4 in respect of the shares. The Board approves the transfer of shares and the Memorandum of transfer is updated on the back of the share certificate by the authorised person of the company. The company has delivered the share certificates within a period of one month from the date of receipt by the company of the instrument of transfer. Entries in the register of transfers have been made all transfers have been properly included in the Annual Return. The Register of Members is duly updated by debiting and crediting the shares to the transferor and the transferee accounts respectively.

Topics: Share Transfer

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