Validity of share transfer deed/form ?

Page no : 2

CMA. CS. Sanjay Gupta ("PROUD TO BE AN INDIAN")   (114225 Points)
Replied 05 May 2012

Nice and Informative Discussion....These kind of dicussions are always helpful in brushing up and enhancing our knowledge. Very well explained by Sunil Sir.

Do not have anything extra to write....

Yes there is time limit whitin which the duly executed transfer deed shall be delivered to the company. It is like registration of a duly executed deed. It gets registered only when delivered to the company. Also the company will update its record upon receiving the Share Transfer Deed. 

Validity of Transfer Deed i.e. Period within which it shall be delivered to the company:-

1) In case of Listed Companies at any time before the date on which the register of members is closed, in accordance with law, for the first time after the date of the presentation of the prescribed form to the prescribed authority under clause (a) of section 108(1A) or within 12 months from the date of such presentation, whichever is later .

2) In case of Unlisted Companies - Within 2 months from the date of such presentation.

 

Further,

 

Extension of validity of transfer deed:
 
Where the validity period of an instrument of transfer has expired, namely, the instrument is beyond 12 months from the date of presentation to the prescribed authority or from the date of book closure whichever is later in case of shares of a listed company and in other case 2 months from the date of presentation, the holder may may apply online to RoC providing particulars of the company, share certificate numbers, etc. requesting for extension in the validity. The fee for such application is Rs. 50 where the nominal value of the shares is upto Rs. 5,000 and the fee is Rs. 100 where the value exceeds Rs. 5000.
 
The application shall be made to the Registrar of Companies, where the registered office of the Company is situated or under whose jurisdiction the transferor or transferee resides. The Registrar on satisfaction shall extend the validity for a period of 30 days from the date of approval by the Registrar. It should be noted that further extension would not be provided by the Registrar. Therefore, the transfer deed should be lodged with the company within the extended period only.
 
Time limit for issue of certificate on transfer:
1)  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, Company Law Board 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.
 
2) Within a period of 30 days in case of listed companies:
In the case of a listed company, the listing agreement requires that the registration of transfers will be made within 30 days of receipt of the transfer deeds.
1 Like

sruti gupta (Management Trainee) (103 Points)
Replied 31 May 2012

Sec 108 (1C) B includes "if any bank or financial institution or the Central Government or a State Government or any corporation owned or controlled by the Central Government or a State Government,....."  does it involve loan taken or given by a Public or Private Limited Company ?? 

In that case what shall be the validity of the transfer deed ? 


CS Nitin Jaiswal (Company Secretary) (283 Points)
Replied 05 July 2012

Dear Members,

I want to know that in case of a private company, if a duly executed transfer deed/form is not lodged by transferor or transferee to the company within time prescribed, but after 5 yrs transferee lodge the transfer deed with the company to register it, then what are the option available to the company.

Further, if company decide to register the transfer then which date should be considered by the company to record the transfer as if it take date of execution of the transfer deed it will be a non compliance by the company in respect of Annual Return, Member and Share transfer Register and Minutes book of the company.

Please suggest.

Nitin Jaiswal


Srinivas Bitra (M.Com) (29 Points)
Replied 03 November 2013

Dear Sir/Madam

I Have bought 100 shares face value of Rs.1000/- of a listed company. (21 years ago) in 1992. I did not got transferred the shares in the name of myself in the Company due to that the shares and transfer deed (date of 1992) were missed/ misplaced at the time of 1993. But now they were found in 2013.

Is there any chance to get register the shares in the name of myself?

What procedure shall I have to Follow to get transfer?

The share certificates  were fully fadeout / damaged and Transfer deed is some less damaged or dampened. in this case What shall I have to do?

All these days I have recieved NO monies/ dividend from the company. Is there any chance to claim the monies/ dividend paid by the company all these days, If the Share Transfer is succeed now, in the name of Myself?


meher (Apprentice) (22 Points)
Replied 23 January 2015

Dear All

After lodging of Share Transfer deed and on issue of Share Certificate by the Company. For how many days, does the Company should preserve such Share Transfer Deed. Has it been mentioned anywhere in any act or rules or regulations that a Share Transfer deed submitted to the Company should be preserved for so and so period. Kindly help me out. 




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