Transmission of shares at times is hugely cumbersome and runs into many legal complications. We help our clients by providing services relating to entire range of transmission of shares. A few common issues that we come across frequently are as follows:
Mixing up transfer of shares with transmission of shares: One of the widely- experienced problems is not to find out the difference between transfer and transmission of shares. The Companies Act clearly distinguishes transmission of shares from transfer of shares. While transfer of shares relates to a voluntary act of the shareholder, transmission is brought about by operation of law. Unlike transfer of shares, in case of transmission, shares are transferred without any consideration. The transmission takes place on the basis of will or an agreement.
Holding in various companies: In case the deceased shareholder had holdings in different companies, the relevant documents must be sent to each of the companies along with the share certificates in order to effect transmission of shares. This needs constant follow-up with each of the companies.
Jointly-held securities: Problems also arise if deceased was one of the joint holders. In that case the surviving holders must have a depository account and apply for transmission of shares following the due procedures.
Share transmission is the devolution of title of shares of a shareholder due to death, inheritance, bankruptcy, insolvency, lunacy, marriage or by any other lawful means other than transfer. On registration of the transmission of shares, the person becomes the shareholder of the company and is entitled to all rights as a shareholder.