The company is a private limited company which want to transfer some shares. The transfer deeds is dated 26th November 2009. The same has been lodged with the company during first week of January 2010 (within two months). Please inform the due date within which the board has to approve the transfers. Can the board approve the transfer of shares at their meeting to be held in March 2010. Also advise whether is there any period within which the transfers has to be approved and share certificate to be returned.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 February 2010
Time limit for issue of certificate on transfer(Section-113)
Within a period of two months in case of unlisted companies
Every company, unless prohibited by any provision of law or of any order of any Court, CLB or other authority, shall, within two months after the application for the registration of the transfer of any such shares, debentures or debenture stock, deliver, in accordance with the procedure laid down in section 53, the certificates of all shares transferred.
Appeal against refusal to register transmission of shares
The transferee, or the person who gave intimation of the transmission by operation of law, as the case may be, may appeal to the Company Law Board/Tribunal against any refusal of the company to register the transfer or transmission or against any failure on its part as stated under section 111(1) of Companies Act, either to register the transfer or transmission or to send notice of its refusal to register. [Section 111(2)]
Time-limit for filing an appeal
An appeal under section 111(2) of Companies Act, 1956 shall be made within two months of the receipt of the notice of such refusal or where no notice has been sent by the company within four months from the date on which intimation of transmission was delivered to the company under section 111(3) of Companies Act, 1956.