Company Law Solutions can provide share transfer services for the vast majority of private limited companies. If you are running a company in which an existing shareholder is looking to transfer their holdings, you need a reliable and experienced team to guide you through the process. Our legal experts have extensive experience in assisting the process of transferring shares and can help you every step of the way.
If you're unsure how to go about transferring shares from one person (or company) to another, we can help you comply with the legal requirements and complete the necessary steps to ensure a smooth transfer. With our assistance, you can rest assured that your share transfers are handled efficiently and professionally.
Because shares are an item of property, they can - like any other property - be sold or given away. A transfer of shares involves exactly that: the sale, or gift, of an existing share or shares from one person to another. It is distinct from the issue (allotment) of shares, which is where new shares are created and then issued directly to the proposed shareholder by the company.
Tips for a Smooth Share Transfer Experience
Before a share transfer takes place, it is important to check whether there are any restrictions on such transfers in the company's articles of association or in a shareholders' agreement relating to it. These will often take the form of share transfer pre-emption provisions, which will typically prohibit the sale of shares to anyone who is not an existing shareholder until they have first been offered to those existing shareholders. It is usually possible for the individual shareholder to waive such rights should they wish.
Navigating the Tax Consequences of Share Transfers
Depending on the value of the consideration being paid for the shares, there may be tax consequences (most commonly in the form of a charge to Stamp Duty) arising from the transfer. We do not offer tax or accountancy advice, but would recommend in any case that such matters are discussed with an accountant prior to proceeding.
Understanding the Legal Requirements for Share Transfers
A share does not simply pass immediately from one person to another as soon as the stock transfer form is completed and signed. Rather, once the transferee has had the completed and signed form handed over to them (and paid the relevant Stamp Duty if appropriate), they must send it to the company, whose directors will decide - with reference to the provisions of the company's articles - whether to accept the transfer. Such decisions should be propertly minuted. It is also important to keep accurate records of all share transfers in the company's register of transfers, to ensure that the transferee is issued with a share certificate, and to amend the company's register of members to include the details of the new shareholder and the shares that they hold.
We provide all of the necessary forms and know-how to ensure that the transfer is handled quickly, effectively, and in a legally sound manner.
Our service includes:
- stock transfer form
- minutes of directors' meetings
- our straightforward, step by step guide to completing the procedures
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