What are the rights available against refusal of transfer of shares by a company ?
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
What are the rights available against refusal of transfer of shares by a company ?
Answer & Explanation:
Section 58 of the Companies Act, 2013 provides that if a private company limited by shares refuses, whether in pursuance of any power of the company under its articles or otherwise, to register the transfer of, or the transmission by operation of law of the right to, any securities or interest of a member in the company, it shall within a period of thirty days from the date on which the instrument of transfer, or the intimation of such transmission, as the case may be, was delivered to the company, send notice of the refusal to the transferor and the transferee or to the person giving intimation of such transmission, as the case may be, giving reasons for such refusal. The securities or other interest of any member in a public company shall be freely transferable. Any contract or arrangement between two or more persons in respect of transfer of securities shall be enforceable as a contract. The transferee may appeal to the Tribunal against the refusal within a period of thirty days from the date of receipt of the notice or in case no notice has been sent by the company, within a period of sixty days from the date on which the instrument of transfer or the intimation of transmission, as the case may be, was delivered to the company.
Topics: Company Law
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