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The Transmission of Shares

Explore all the details you need about The Transmission of Shares, tailored for your needs.

What is Share Transmission?

Share transmission refers to the transfer of shares from one person to another due to events such as the death, insolvency, or legal incapacity of the original shareholder.

Unlike share transfer, which is a voluntary sale or purchase between two parties, transmission happens automatically based on the legal rights of the heir or legal representative.

The transmission process ensures that the rightful successor (whether an heir, executor, or administrator) can gain ownership of the shares and continue to exercise the shareholder's rights

When Does Share Transmission Happen?

Death of Shareholder

  • If the shareholder dies, the shares are transferred to the legal heirs as per the deceased's will or legal heirship rules.

Insolvency

  • If the shareholder is declared bankrupt, the shares are transferred to the legal representative or receiver appointed by the court.

Incapacity

  • If the shareholder is declared mentally incapable or legally incompetent by a court order, the shares are transferred to a guardian or trustee.

Key Reasons for Transmission of Shares

Transmission of shares occurs under various circumstances, including death, insolvency, incapacity, or court order. Here are the primary reasons:

1

Death

The most common reason for transmission. When a shareholder dies, their shares are passed on to the designated legal heirs.

2

Insolvency

In case the shareholder is declared insolvent, the shares are transmitted to the appointed receiver or administrator.

3

Legal Incompetence

In cases of mental incapacity or court declarations of incompetence, the shares are transferred to the authorized guardian.

4

Court Order

Shares may also be transmitted based on a court order that deems the transfer necessary.

Documents Required for Share Transmission

The following documents are generally required to process the transmission of shares:

Death Certificate

Succession Certificate

Probate of Will

Legal Heirship Certificate

Affidavit

Original Share Certificate

PAN Card of the Heir

Identity Proof

Address Proof

Bank Details

Declaration of No Objection

Procedure for Transmission of Shares

The transmission of shares involves a well-defined process to ensure that the rightful heir or representative receives the shares, with a set of steps to be followed, from the intimation of transmission to the board's approval.

1

Step 1: Intimation of Transmission

The legal heir or representative must notify the company’s registrar or the board of directors about the transmission of shares. This is typically done by submitting a formal application to the company.

2

Step 2: Document Submission

Submit all required documents, such as the death certificate, legal heir certificate, or other relevant papers, to the company or registrar. The company may provide specific forms or templates for the heir to fill out.

3

Step 3: Verification of Documents

The company will review and verify the submitted documents to ensure they are in order. This includes confirming the legitimacy of the heir or representative and the authenticity of the documents.

4

Step 4: Board Approval

The company’s board or management team will review the transmission request. In complex cases, such as when multiple heirs are involved, the board will ensure that all claims are clear, accurate, and legitimate.

Types of Share Transmission

The transmission of shares occurs in various scenarios, each with its specific procedure and requirements.

Transmission due to Death

When a shareholder passes away, the shares are transferred to the legal heirs. This is the most common form of transmission.

Transmission due to Insolvency

When a shareholder is declared insolvent, the shares are transmitted to the appointed trustee or official receiver.

Transmission due to Mental or Legal Incompetence

When a shareholder is declared legally incompetent, the shares are transmitted to a legal guardian or representative.

Rights of Heirs After Share Transmission

Once the transmission process is completed, the rightful heir becomes the owner of the shares and enjoys all the rights associated with them.

Ownership of Shares

  • The heir becomes the rightful owner of the shares and enjoys all the rights associated with them.

Voting Rights

  • The heir gains the right to vote at the company’s annual general meetings (AGMs) or special meetings.

Dividend Entitlement

  • The heir becomes entitled to receive any dividends issued by the company on those shares.

Transferability

  • Once the shares are transmitted, they can be transferred or sold by the heir just like any other share in the company.

Why Choose Solocorp for Share Transmission?

Solocorp is your trusted partner in streamlining the share transmission process, ensuring your rights are protected and the transfer of shares is executed smoothly and legally.

The process of transmitting shares can be complex, especially when it involves legal heirs, insolvency, or mental incompetence. At Solocorp, we simplify this process, ensuring compliance with all legal and regulatory requirements.

Choose Solocorp for a fast, secure, and compliant share transmission experience, backed by our expert team and dedicated support.

  • 1

    Expert Consultation

    Our team of professionals will assess your situation and guide you through the necessary steps for transmitting shares, whether it's due to death, insolvency, or mental incapacity.

  • 2

    Documentation Assistance

    We help you prepare and submit the required documents, such as death certificates, legal heir certificates, or court orders, ensuring all legal formalities are met for a smooth transmission.

  • 3

    Submission of Application

    We assist you in submitting the application for share transmission to the company, ensuring that all necessary documentation is complete, accurate, and submitted in a timely manner.

  • 4

    Follow-Up and Processing

    We monitor the progress of your share transmission application, keeping track of the status and ensuring there are no delays or issues in completing the transmission process.

  • 5

    Affordable Service Fees

    Solocorp offers affordable pricing for the entire share transmission process, providing expert services without exceeding your budget.

  • 6

    End-to-End Support

    From initial consultation to the final transmission of shares, our team provides continuous support, ensuring your request is handled efficiently and professionally.

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Startup
Registrations
MCA Services
Recovery of shares
Trademark
Goods & Services Tax
Income Tax
Compliances