Kunal Jigyasi, Amity Law School, Noida
ABSTRACT
Any action that involves moving an asset is referred to as a transfer, and in the case of shares, the action may be either voluntary or mandated by law. Shares are considered transferred when they are moved voluntarily by the shareholder and in accordance with a written agreement. When it happens by operation of law, the movement of shares is referred to as "transmission of shares.".
This study looks at how India's share transfers and transmissions are governed by law and how they affect everyday life. The study emphasizes the statutory provisions, case laws, and regulatory guidelines governing the transfer and transmission of shares, including the registration process, execution of the transfer deed, stamp duty implications, and compliance with the Companies Act of 2013. It also mentions the gifting of shares and its tax repercussions. The paper assesses the function of shareholder agreements in regulating the transfer and transmission of shares, as well as any potential disputes that might occur in this context, such as the process of transmission of shares without a succession certificate.
In this essay, the transmission of shares in a publicly traded company is also examined, as is the gifting of shares in a publicly traded company. In this essay, the SEBI Act and all related laws and regulations that are relevant to the transfer of shares in listed companies will also be examined.
It provides a comprehensive analysis of the transmission and transfer of shares of various company types in India as permitted by The Companies Act of 2013.
Keywords: Transfer and Transmission of shares, Companies Act 2013, SEBI Act, Gifting of Shares.
