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Shareholder Transfer Form

Shareholder Transfer Form Template for Hong Kong

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Key Requirements PROMPT example:

Shareholder Transfer Form

"I need a Shareholder Transfer Form for transferring 10,000 ordinary shares in my Hong Kong private limited company from an individual shareholder to a corporate entity, with the transfer scheduled to complete by March 15, 2025."

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Document background
The Shareholder Transfer Form is a fundamental document in Hong Kong corporate transactions, required whenever shares in a Hong Kong company are transferred between parties. It must comply with the Companies Ordinance (Cap. 622) and is subject to stamp duty under the Stamp Duty Ordinance (Cap. 117). The form captures essential details including the identities of the transferor and transferee, share specifications, consideration amount, and execution details. This document is crucial for maintaining accurate corporate records and ensuring legal compliance in share transfers. It requires proper execution and timely submission for stamp duty payment, typically within 2 days of execution for Hong Kong stock and 30 days for others.
Suggested Sections

1. Transfer Details: Identification of the transferor and transferee including full names, addresses, and contact information

2. Share Information: Details of shares being transferred including number, class, and distinctive numbers if any

3. Consideration: The amount paid for the shares and payment details

4. Declaration: Statement by transferor regarding clear title and authority to transfer

5. Execution Block: Signature sections for transferor and transferee with dates

6. Witness Details: Space for witness names, signatures, and addresses if required

Optional Sections

1. Board Approval Reference: Required when the company's articles mandate board approval for transfers

2. Pre-emption Rights Waiver: Required when other shareholders have waived their pre-emptive rights

3. Spousal Consent: Required in cases where shares are matrimonial assets

4. Corporate Representative Details: Required when either party is a corporation acting through an authorized representative

5. Power of Attorney Reference: Required when the transfer is executed under a power of attorney

Suggested Schedules

1. Share Certificate Details: Copy or details of the original share certificate(s)

2. Board Resolution: Copy of board resolution approving the transfer (if required)

3. Supporting Documents Checklist: List of required accompanying documents including ID proofs and corporate authorizations

4. Stamp Duty Payment Details: Information for stamp duty calculation and payment reference

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Professional Services

Legal Services

Corporate Services

Investment Management

Private Equity

Family Offices

Real Estate

Manufacturing

Technology

Retail

Healthcare

Education

Construction

Trading

Relevant Teams

Legal

Company Secretarial

Compliance

Finance

Corporate Governance

Investment

Administrative

Risk Management

Corporate Services

Board of Directors

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Director

Board Member

Financial Controller

Chief Financial Officer

Investment Manager

Private Equity Manager

Corporate Administrator

Legal Administrator

Share Registrar

Transaction Manager

Corporate Governance Officer

Industries
Companies Ordinance (Cap. 622): Primary legislation governing companies in Hong Kong, including provisions for share transfers, registration requirements, and shareholder rights
Stamp Duty Ordinance (Cap. 117): Regulates the stamp duty payable on transfer of shares in Hong Kong companies (currently 0.2% of the consideration or market value, whichever is higher)
Securities and Futures Ordinance (Cap. 571): Relevant for transfers of shares in listed companies and ensuring compliance with securities regulations
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615): Provides requirements for customer due diligence and record-keeping in financial transactions including share transfers
Transfer of Businesses (Protection of Creditors) Ordinance (Cap. 49): May be relevant if the share transfer constitutes a significant change in company ownership that could affect creditors' interests
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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