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Physical Share Transfer Form

Physical Share Transfer Form Template for India

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Key Requirements PROMPT example:

Physical Share Transfer Form

"I need a Physical Share Transfer Form for transferring 1000 shares of my private limited company to my son as a gift, ensuring compliance with Indian family transfer regulations and including appropriate declarations to reflect that no monetary consideration is involved."

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Document background
The Physical Share Transfer Form is a crucial document in Indian corporate law, prescribed under Section 56 of the Companies Act, 2013, and related rules. It is mandatory for transferring ownership of physical share certificates between parties, whether through sale, gift, or transmission. The form captures essential information including details of both parties, share certificate numbers, consideration amount, and necessary declarations. While many companies have moved to dematerialized shares, physical share transfers remain relevant for unlisted companies and certain listed companies where shares are held in physical form. The document must be properly stamped as per state-specific stamp duty requirements and typically requires verification by the company's share transfer agent or company secretary before being registered in the company's records.
Suggested Sections

1. Title and Form Number: Form SH-4 - Securities Transfer Form as per Companies Act, 2013

2. Transferor Details: Full name, address, and folio number of the person(s) selling/transferring the shares

3. Transferee Details: Full name, address, occupation, and other required details of the person(s) receiving the shares

4. Securities Details: Information about the securities being transferred including company name, number of shares, distinctive numbers, certificate numbers, and face value

5. Consideration Details: The amount paid for the transfer and details of stamp duty payment

6. Execution: Signature blocks for transferor(s) and witness details

7. Transferee Declaration: Declaration by transferee regarding their eligibility to acquire the shares

Optional Sections

1. Bank Account Details: Required when dividend payments need to be processed directly to bank account

2. Power of Attorney Details: Used when the transfer is being executed through a Power of Attorney holder

3. Transmission Details: Required in case of transfer due to death of shareholder, including details of legal heirs/nominees

4. Tax Residency Declaration: Required for non-resident transferees for tax purposes

5. Joint Holder Details: Required when shares are held jointly or being transferred to joint holders

Suggested Schedules

1. Share Certificate Copy: Copy of the original share certificate(s) being transferred

2. PAN Card Copies: Copy of PAN cards of both transferor and transferee

3. ID Proof: Copy of government-approved ID proof of both parties

4. Address Proof: Copy of address proof documents of both parties

5. Death Certificate: Required in case of transmission of shares due to death of shareholder

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

Banking

Insurance

Manufacturing

Technology

Healthcare

Real Estate

Retail

Energy

Infrastructure

Telecommunications

Mining

Agriculture

Entertainment

Education

Professional Services

Relevant Teams

Legal

Compliance

Corporate Secretarial

Share Registry

Finance

Corporate Actions

Regulatory Affairs

Shareholder Services

Administrative Services

Investment Operations

Relevant Roles

Company Secretary

Legal Counsel

Compliance Officer

Share Transfer Agent

Corporate Lawyer

Investment Manager

Board Secretary

Chief Financial Officer

Registry Manager

Corporate Actions Manager

Shareholder Services Manager

Legal Administrator

Regulatory Affairs Manager

Industries
Companies Act, 2013: Primary legislation governing company operations in India, specifically Section 56 which deals with transfer of shares and the prescribed Form SH-4 for physical share transfers
Securities Contracts (Regulation) Act, 1956: Regulates securities transactions and transfers, particularly relevant for listed company shares
SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: Specifies requirements for listed companies regarding share transfers and related compliances
Indian Stamp Act, 1899: Governs the stamp duty requirements for share transfer documents, with specific state-wise variations in duty rates
SEBI Circular on Standardization of Share Transfer Form: Provides standardized format and requirements for share transfer forms
Income Tax Act, 1961: Relevant for tax implications and PAN requirements in share transfers exceeding specified values
Companies (Share Capital and Debentures) Rules, 2014: Provides detailed procedural requirements for share transfers and related documentation
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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