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Roc compliance for tranfer of shares in Pvt Ltd Co

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 asked

One director is selling his shares to other director in a same Pvt Ltd company. So apart from sending Form SH-4 duly fanked to the company by transferror. Is company required to file any form to ROC (specially form 35A)????? Pease reply????

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39 Answers
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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

As per the provisions of the Act, where there is a non-compliance by the company of the provisions relating to the transfer of shares, the company shall be punishable with the fine not less than Twenty-Five Thousand Rupees but which may extend to Five Lac Rupees and every officer in default will be punishable by a fine not less than Ten Thousand Rupees but which may extend to One Lac Rupees.

 

 

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

Dear Friend, The procedure for executing share transfer is as follow: --Hold Board Meeting in Compliance with Companies Act, 2013 and SS-1 --Pass relevant resolution for executing the transfer --Prepare Form SH-4 (Share Transfer Deed) and frank it as per the relevant rate --Issue share certificate to the transferee and fill in the details of the transferee on the back of share certificate --Entry in Register of Members as per format prescribed in Form MGT-1 --No ROC filings are required in case of transfer of shares, but the details of the same will be required at the time of filing Annual Return.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

Step 1: Obtain share transfer deed in the prescribed format. Step 2: Execute the share transfer deed duly signed by the Transferor and Transferee. Step 3: Stamp the share transfer deed as per the Indian Stamp Act and Stamp Duty Notification in force in the State.

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Data?1494421636 answered

Hi Prerna, There is no other form required to be filed with ROC in your case. But make sure that for transfer of shares, you follow relevant procedure as per Section 56 of the Companies Act, 2013.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

The procedure for executing share transfer is as follow: 1. Hold Board Meeting in Compliance with Companies Act, 2013 and SS-1 2. Pass relevant resolution for executing the transfer 3. Prepare Form SH-4 (Share Transfer Deed) and frank it as per the relevant rate 4. Issue share certificate to the transferee and fill in the details of the transferee on the back of share certificate 5. Entry in Register of Members as per format prescribed in Form MGT-1 No ROC filings are required in case of transfer of shares, but the details of the same will be required at the time of filing Annual Return.

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GANARAJ commented over 2 years ago

What is SS1 sir

Open uri20170510 32134 ng4pv?1494421709 answered

No ROC filing required for Share transfer . The information of share being transferred will be known to ROC once you file your Annual return in FORM 20B with the Attachment MGT -7 for the financial year in which share transfer has been effected . So , no separate filing with ROC for Share transfer is required only SH- 4 needs to be executed and pass board resolution thereafter enter the name of the transferee in the register of member as beneficial owner of such shares. **COMPANY IS NOT REQUIRED TO FILE ANY FORM WITH ROC FOR SHARE TRANSFER**

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Open uri20170510 32134 1c996lj?1494421732 answered

To effect the share transfer, the following steps must be followed: Step 1: Obtain share transfer deed in the prescribed format. Step 2: Execute the share transfer deed duly signed by the Transferor and Transferee. Step 3: Stamp the share transfer deed as per the Indian Stamp Act and Stamp Duty Notification in force in the State. Step 4: Have a witness sign the share transfer deed with his/her signature, name and address. Step 5: Attach the share certificate or allotment letter with the transfer deed and deliver the same to the Company. Step 6: The company must process the documents and if approved, issue new share certificate in the name of the transferee.

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Picsjoin 2017224123730582 answered

Hie Prerna.. In case of transfer of shares in a private limited company...company only needs to file share transfer details in form 20B with ROC after the AGM..

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