What is a Share Transfer & Transmission of a Company?

Legal process of share transfer between shareholders in a company
Smooth & Legal Share Transfer Services – Simplify Ownership Changes with Legal Dalal

Share transfer is a voluntary agreement by a shareholder to transfer shares to a person willingly, usually employed between private limited companies for business restructuring, investors attraction, or departure from erstwhile partners.

Share transmission, however, is an involuntary act—most commonly the result of death, succession, or insolvency—where legal ownership of shares stands transferred to the nominee or legal successor of the deceased shareholder.

Both of them fall under the purview of the Companies Act, 2013 and have to follow due process of law and timely filing with the Registrar of Companies (ROC).d in the company’s legal documents.

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    Why Legal Dalal for Share Transfer & Transmission Services

    • Private Company Specialists: Comprehensive knowledge of company law, Articles of Association (AOA), and shareholding structures.
    • 100% Online Assistance: Complete assistance in document preparation, stamping, and ROC filing.
    • Flat & Transparent Pricing: No bills to surprise you. All professional fees and government fees are all covered.
    • Speedy Processing: Share transmissions and transfers usually complete in 7–14 working days.
    • PAN India Support: From metro towns to Tier 3 towns, our support services are present everywhere across India.
    • Compliance Assured: Our submissions and filings are strictly compliant with MCA guidelines and schedules.

    Our Share Transfer & Transmission Services

    Share Transfer Services

    • Articles of Association (AOA) confirmation of transferability
    • Share Transfer Deed preparation and filing (Form SH-4)
    • Calculation and payment of stamp duty applicable
    • Re-subscription of register of members
    • ROC documentation and filing assistance

    Share Transmission Services

    • Verification of death certificate, succession certificate or legal heir documents
    • Preparation of affidavits and indemnity bonds
    • Preparation of board resolution
    • Re-enrolment of register of members and share certificates
    • ROC filings and compliances

    Benefits of Proper Share Transfer/Transmission

    • Legal Clarity: Evades unauthorized ownership on company records and prevents future conflicts.
    • Investor-Ready: Structure of current shareholders makes it easier to confirm compliance during due diligence.
    • Succession Compliance: Share transfer as per law secures heirs’ rights and lawful interests.
    • Exit Planning: Seamless exit plan enables current shareholders to exit or bring in new investors.
    • MCA Recognition: Checks all documents to comply with Ministry of Corporate Affairs database.
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    Our Process – Share Transfer & Transmission in 5 Easy Steps

    • Step 1: Initial Assessment: We verify your company’s AOA, establish shareholding pattern, and determine legal requirements for transfer/transmission.
    • Step 2: Document Preparation: We prepare and help file Share Transfer Deeds (SH-4), Affidavits, and other documents such as succession proof.
    • Step 3: Board Resolutions and Stamp Duty: Stamp duty payable is determined and paid. We prepare Board Resolutions to sanction share changes.
    • Step 4: ROC Filing & Register Update: Member register is maintained and requisite ROC documents are filed as per Companies Act rules.
    • Step 5: Issue of New Share Certificate: New share certificates are issued to the new transferee or successor.

    Normal Causes of Transfer or Transmission of Shares

    • Ownership restructuring or entry by investors
    • Shareholder exit or buy-back
    • Succession or inheritance by relatives on death
    • Follow court or NCLT orders
    • Transfer due to insolvency or loss of capacity

    Documents required for Transfer of Shares

    • Properly attested Share Transfer Deed (Form SH-4)
    • Share certificates
    • PAN & ID documents of transferor & transferee
    • Board Resolution for transfer authorization
    • Receipt for payment of stamp duty

    For Share Transmission, include:

    • Death certificate of shareholder
    • Succession certificate / Legal heirship certificate
    • Affidavit and legal heir(s) indemnity bond
    • Board Resolution for transmission

    Why Should You Select Legal Dalal For Share Transfer & Transmission of a Company

    We make share transmission and transfer as smooth and legally binding as possible:
    Expert Legal Team: More than 15 experienced professionals who handle company laws, shareholder rights, and ROC procedures.

    All-Digital Process: Entire process—from deed drafting to filing—is executed online.

    Quick & Efficient: Share changes are completed within 7–14 working days in most cases.
    End-to-End Service: PAN, GST, or DIN update services post-share change are given as value-added services.

    FAQs

    Yes, pay relevant stamp duty at the rate specified in your state—usually ₹0.25 for each ₹100 of share value.
    Share transfer has no specific ROC form but needs to be internally recorded. Share transmission can be under MGT-7 or PAS-3 in specific cases, subject to the case.
    It is done electronically in demat companies. In non-dem companies, share certificates are required.
    No, but it requires a Board of Directors' resolution for the transfer or transmission.
    In that case, a court legal heir certificate or succession certificate is required.
    With full documents, Legal Dalal can finish the process within 7–14 business days.

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