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Expert guidance for seamless share transfer and transmission processes. Ensure compliance and smooth ownership transitions with our professional services.
Transfer of shares refers to the voluntary process where a shareholder transfers their shares to another party through a proper instrument of transfer. This is a deliberate action by the shareholder.
Key aspects include execution of share transfer deed, payment of stamp duty, and approval by the company's board of directors. The process differs for physical and demat shares.
Transmission of shares occurs when shares pass to a legal heir or representative due to the death, insolvency, or insanity of the shareholder. It's an involuntary transfer by operation of law.
This process requires submission of legal documents like death certificate, succession certificate, or probate to establish the claimant's right over the shares.
Understanding the distinction between transfer and transmission is crucial for proper share ownership transition.
Transfer is voluntary (shareholder initiates), while transmission is involuntary (automatic by law due to death/insolvency).
Transfer requires share transfer deed, while transmission needs legal heir documents like death certificate and succession certificate.
Transfer attracts stamp duty (varies by state), while transmission doesn't require stamp duty payment.
Transfer usually involves consideration (payment), while transmission doesn't involve monetary transaction.
Our team specializes in all legal aspects of share transfer and transmission, ensuring full compliance with regulations.
We expedite the entire process, reducing typical processing times by 40-50% through efficient documentation handling.
Our transparent pricing structure helps you avoid unnecessary costs and hidden charges in the transfer process.
Personalized assistance throughout the process with regular updates and status reports.
We identify and address potential issues early, preventing delays and rejections in the transfer/transmission process.
Strong relationships with depositories and registrars ensure smooth processing of your requests.
Prepare share certificates, transfer deed (for transfer) or legal heir documents (for transmission), and other required paperwork.
For transfers, pay applicable stamp duty (varies by state) and get the transfer deed duly stamped.
Sign and execute the transfer deed (for transfer) or submit legal heir documents (for transmission).
Submit all documents along with share certificates to the company's share transfer agent or registrar.
Company's board approves the transfer/transmission after verifying all documents.
New share certificates issued or shares credited to transferee's demat account (typically within 2-4 weeks).
| Aspect | Transfer of Shares | Transmission of Shares |
|---|---|---|
| Nature | Voluntary act by shareholder | Automatic by operation of law |
| Initiation | By transferor and transferee | By legal heir/representative |
| Consideration | Usually involves payment | No consideration involved |
| Stamp Duty | Applicable | Not applicable |
| Documents Required | Transfer deed, share certificates | Death cert, succession cert, etc. |
| Timeframe | 2-4 weeks typically | 4-8 weeks (longer if court involved) |
For physical shares: Duly executed share transfer deed (with stamp duty), original share certificates, PAN of transferor and transferee, and identity/address proofs. For demat shares: Delivery Instruction Slip (DIS) or online transfer instructions through your DP.
Typically 4-8 weeks from document submission. If succession certificate/probate is required (for high-value holdings), it may take 3-6 months due to court procedures. Our services can help expedite the process.
No, stamp duty is not applicable on transmission of shares as it's not a voluntary transfer but an automatic process by operation of law upon death of the shareholder.
For physical shares, a duly stamped transfer deed is mandatory. For demat shares, transfer can be done electronically without physical documentation through your depository participant.
Companies can refuse transfer only with proper justification (like incomplete docs). They must send a notice of refusal within 30 days. You can appeal to the NCLT if refusal is unjustified. Our legal team can assist in such cases.
Our experts can guide you through the entire transfer or transmission process, ensuring compliance and timely completion.