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Deed Of Gift Of Shares

Deed Of Gift Of Shares Template for India

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Key Requirements PROMPT example:

Deed Of Gift Of Shares

"I need a Deed of Gift of Shares under Indian law to transfer 10,000 ordinary shares in my family business to my son, effective March 15, 2025, ensuring compliance with family business succession requirements and including necessary tax planning provisions."

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Document background
The Deed of Gift of Shares is extensively used in India for transferring share ownership without monetary consideration, typically in family wealth succession planning, charitable donations, or corporate restructuring. This document type is crucial when shareholders wish to transfer their shareholding as a gift, whether for personal, tax planning, or philanthropic purposes. The deed must comply with Indian legal requirements, including the Companies Act 2013, Transfer of Property Act, and applicable stamp duty laws. It needs to clearly establish the donor's ownership, intention to gift, and the donee's acceptance. The document is particularly relevant in family business transitions, charitable endowments, and situations where shares need to be transferred without sale consideration.
Suggested Sections

1. Parties: Identification of the Donor and Donee with full legal names, addresses, and capacity to enter into the deed

2. Background: Context of the gift, relationship between parties if relevant, and brief description of the shares being gifted

3. Definitions: Definitions of key terms used in the deed including 'Shares', 'Company', 'Transfer Date', etc.

4. Details of Shares: Specific description of shares being gifted including number, class, and distinctive numbers if any

5. Declaration of Ownership: Donor's declaration of full ownership and right to transfer the shares

6. Gift Declaration: Clear statement of the donor's intention to gift and the donee's acceptance

7. Consideration: Statement confirming the transfer is made as a gift without any monetary consideration

8. Transfer Date: Specification of when the transfer becomes effective

9. Representations and Warranties: Donor's warranties regarding ownership, absence of encumbrances, and authority to transfer

10. Completion Requirements: Steps to be taken to complete the transfer including submission to company, payment of stamp duty

11. Governing Law: Specification that the deed is governed by Indian law

12. Execution: Formal execution clause and space for signatures, witnesses, and notarization

Optional Sections

1. Tax Indemnity: Used when specific tax implications need to be addressed between parties

2. Foreign Exchange Compliance: Required when either party is an NRI/foreign national

3. Company Compliance: Required for listed companies or when specific company articles need compliance

4. Power of Attorney: Optional clause authorizing the donee to complete transfer formalities

5. Family Arrangement: When the gift is part of a larger family settlement

6. Regulatory Compliance: For listed companies requiring SEBI or other regulatory compliance

Suggested Schedules

1. Schedule 1 - Share Details: Detailed description of shares including certificate numbers, distinctive numbers, and class of shares

2. Schedule 2 - Company Details: Details of the company whose shares are being transferred including registration number and registered office

3. Schedule 3 - Party Details: Detailed information about parties including ID proofs and PAN numbers

4. Appendix A - Share Certificates: Copies of relevant share certificates

5. Appendix B - Board Resolutions: If required, company board resolutions approving the transfer

6. Appendix C - Valuation Report: If required, share valuation report for tax purposes

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
Clauses
Parties
Recitals
Definitions
Gift Declaration
Transfer Provisions
Consideration
Title and Rights
Representations and Warranties
Share Details
Ownership Declaration
Free from Encumbrances
Delivery and Registration
Tax Compliance
Regulatory Compliance
Further Assurance
Costs and Expenses
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Execution
Witness Provisions
Schedule of Shares
Power of Attorney
Acceptance of Gift
Completion Requirements
Stamp Duty
Registration
Relevant Industries

Financial Services

Legal Services

Corporate Services

Family Business

Private Equity

Investment Management

Non-Profit Organizations

Education (for endowments)

Healthcare (for charitable transfers)

Real Estate Investment Trusts

Technology Companies

Manufacturing

Relevant Teams

Legal

Corporate Secretarial

Compliance

Finance

Tax

Wealth Management

Corporate Governance

Share Registry

Investment Operations

Risk Management

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Share Transfer Agent

Tax Consultant

Wealth Manager

Estate Planning Advisor

Corporate Governance Officer

Board Director

Chief Financial Officer

Investment Manager

Family Office Manager

Trust Administrator

Industries
Companies Act, 2013: Governs the transfer of shares, share certificates, and procedures for recording share transfers in company records. Sections 44-46 specifically deal with share transfers and share certificates.
Transfer of Property Act, 1882: Section 122 defines gifts and Section 123 specifies the mode of transfer and acceptance of gifts. This Act provides the basic framework for gift deeds in India.
Income Tax Act, 1961: Section 56(2)(x) deals with taxation of gifts, including gifts of shares. Determines tax implications for both donor and recipient.
Indian Stamp Act, 1899: Determines the stamp duty payable on transfer documents including gift deeds. Different states may have different stamp duty rates.
Securities Contracts (Regulation) Act, 1956: Relevant if the shares being gifted are of a listed company, governing the transfer of securities in stock exchanges.
SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011: Applicable if the gift involves substantial shareholding in a listed company, requiring compliance with disclosure requirements.
Foreign Exchange Management Act, 1999: Relevant if either the donor or recipient is an NRI/foreign national, or if the transaction involves cross-border elements.
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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