SHARE TRANSMISSION FORMALITIES – SAMPLE COPY OF SHARE TRANSFER
APPLICATION – AFFIDAVIT – INDEMNITY BOND
Formalities followed in some
listed companies:
·
For
transmission of shares firstly see value of shares if value is more than Rs. 2,00,000 then will is
compulsory.
·
In absence
of will. Letter of administration is required which can be available from court
or Copy of Succession Certificate duly issued by a
competent court.
·
If value is
less than Rs. 2, 00,000, then, no aforesaid formality is required.
·
Besides that
death certificate is required.
·
NOC from
other siblings is required if any
Requirements – Documents for Listed Companies, Unlisted Companies and Private LimitedCompanies
1. Original
Share certificates
2. Death
Certificate duly attested by competent authority.
And
a) Nomination
serial number registered with us. (In case holder has registered the same with
us).
Or
b) Will
copy duly attested by competent authority.
Or
c) Copy
of Succession Certificate duly issued by a competent court
d) Indemnity Bond and Affidavit in enclosed format.
Deed
of Relinquishment to be signed by all the other Legal Heirs in favour of the
applicant to be executed in Non Judicial stamp paper of Rs.20/- duly
APPLICATION FOR TRANMISSION OF SHARES
TO
Company Name
Subject:- TRANSMISSION
OS SHARES
Unit :
_______________________________________________________________(CoCompany Name)
Folio
Nos: - ________________
Dear Sir,
I/We, undersigned being the
Executor(s) of the will Administrator(s) of the Estate/Successor(s) to the
Estate/Legal heir of Mr./Mrs./Miss
_____________________________________________________________ (deceased) of
which Probate/letters of Administration/Succession Certificate was dully
granted to me/us on company in respect of _________ Shares in your company, now
standing in the name of the said deceased in the Register of Members of your
Company.
I/We, hereby agree and bind
myself/ourselves to hold the said shares subject to the provisions of the Memorandum
& Articles of Association of your Company.
I/We given hereunder such
other particulars/information as would be required by you for your records.
Names of the shareholders as registered with the
company.
Details of the share certificates enclosed
S.No.
|
Folio
No.
|
Distinctive
Nos
From To
|
Share
Certificate
No.
|
No of
Shares
|
1
|
||||
2
|
||||
3
|
||||
4
|
||||
5
|
Total No of certificates ________ No of
Shares ______________
We
request you to register the new names / address in the company record and also
in the Share Certificates (s) as written below:
1.
_________________________________________________________
2.
3.
_________________________________________________________
4.
5.
_________________________________________________________
6.
___________
Address
of the First Holder.
______________________________________________________________
Father/Husband
Name of the First Holder
|
Signatures
of the Sharesholder(s)
|
1.
|
|
Occupation
of the First Holder
|
2.
|
3.
|
Date
______________
Place ______________
TO BE FILLED IN BY
THE REGISTRAR
|
|
Inward
No.
|
|
Transmission
No.
|
|
New
Folio No.
|
|
Date
|
|
Note :
Please enclose all share certificates for the folios mentioned above.
To,
_____________________________________________Company Name & Address.
_____________________________________________
Dear
Sir,
I/We
regret to inform you that Mr./Mrs. _______________________________________ who
was a registered Share/Debenture holder in your Company holding
_________________ Equity Share bearing distinctive Nos.(from)________________
to ____________ under Share Certificate No.________________________ died without
leaving a will (Intestate)/ leaving his last will and Testament dated
________________________where of I/We am/are the only legal heirs/executors at
_________________________________ on __________________________________ leaving
behind the within mentioned person(s) as the only surviving legal heirs
according to the Law of Instate by which he/she was governed at the time of
his/her death.
I/We
beg to give here below the information required by you and shall thank you to
transfer the said Share bearing distinctive Nos.(from) ______________________
in favour of ________________________
without insisting on production of legal representation to the estate of
the Deceased Share holder:
1.
Full Name of the Deceased Share holder
and address.
2.
Share held singly/jointly.
3.
No. of Shares bearing distinctive
Nos. From
To
Share
certificate No.
4.
Face Value of the Shares and Present
Market Values.
5.
In whose custody Share Certificate are?
and reason for the same.
6.
(a) Had the Deceased Share holder left
any will.
(b)
Has the Estate duty & discharge certificate been obtained?
(c)
Has any Probate/Letter of Administration/
Succession Certificate to the Estate of the
Deceased has been obtained.
(d)
Legal heirs/Executors/Administrators/Successors to the Estate of the
Deceased.
Claimant
Name Occupation
1)
__________________________________ ______________________________________
2)
__________________________________ ______________________________________
3)
__________________________________ ______________________________________
7. Documents enclosed for registration and return:
(Please furnish originals along with one
copy)
(a)
Municipal Death Certificate.
(b)
Estate duly despatch certificate.
8.
Date and place of Death.
9.
Full details of surviving legal heirs.
Husband/wife/children/parents/brothers/sisters
(if Hindu Joint Family, the names and address of the Karta and Do-parcehers
with their respective ages).
Full
Name/Address Relationship
with Deceased Age
(1)
(2)
(3)
10. Name(s)
of the guardian of the Minor children of the share/Debenture holder.
(In
case Minor is Claimant)
(a)
Whether natural Guardian.
(b)
Whether Guardian appointed under the
Guardians and Ward Act. If so attach a certified true copy or duly attested
copy of such order.
(c)
In whose custody the minor is/minors
are?
11.
The following persons have agreed to sign the Indemnity bond as sureties
jointly and severally with all the
surviving legal heirs of the deceased Share/Debenture holder.
(1)
Name & Signature
(2)
Address
(3)
Occupation
Bank
A/c No:
Banker’s
Name & Address:
I/We
hereby solemnly affirm that the above statements are true, that none of them or
any part of them is false and that nothing has been concealed therein and that
I am/we are the only executors and benefits under the said Share/Debentures/
Yours
faithfully,
1)
2)
Executed
this day of 200
NOTE:
THIS AFFIDAVIT TO BE EXECUTED ON NON JUDICIAL STAMP PAPER OF RS.20/- BEFORE A
NOTARY PUBLIC DATH OFFICER MAGISTRATE.
LETTER OF INDEMNITY
TO
Date: ____________
TO
Company
Name
Subject: - TRANSMISSION OS SHARES
Unit:
_______________________________________________________________(Company Name)
Folio Nos:- ________________
Dear
Sir,
Registered
Share holder holding _______________________________________ Equity Share
Certificate No. _______________________________ and bearing distinctive Nos.
From ________________________________ To _________________________
We
regret to inform you that Mr./Mrs. ___________________________________________
who was a registered Share holder holding ______________________ Equity Shares
of the company bearing distinctive
Nos.
___________________________ under Share Certificate No. ___________________________________
in his/her Name(Jointly/single) died intestate without leaving a will on the
_____________________ day of ____________________ 200 ____________
We
further inform you that he/she left behind him/her as his/her only surviving
heirs and next of kin the following persons according to the law of intestate
Succession applicable to him/her by which he/she was governed at the time of
his/her death.
(a)
(b)
(c)
(d)
We
have to state that the said Shares/Debentures bearing distinctive Nos.From
_____________ to ______________________________ were registered in the name of
_____________________ We have, therefore, approached you with a request to
transfer the aforesaid shares as mentioned above in the name of the undersigned
Mr./Mrs./Messers._________________________________ on my/our behalf without
insisting on production of legal representations and you have kindly agreed to
do so on my/our executed an indemnity as is herein contained and on relying on
the information herein given by us believing the same to be true.
In consideration therefore of your
having at our request to transfer Shares to the name of the undersigned
___________________________________________________
we,
the undersigned _______________________________ and
______________________________ hereby jointly and severally agree and undertake
to indemnity and keep indemnified, saved, defended harmless you and your
Successors and assigns for all time hereafter against all losses, costs,
claims, actions, demands, risks, charges, expenses, damages etc. Whatsoever
which you may suffer and or incur by reason of your, at our request,
transferring the said shares as herein above mentioned to the undersigned
___________________________________ without insisting on production of legal
representations.
Yours
faithfully
Legal hears
Sureties: 1)
(Name,
Address & Signature) 2)
1)
3)
4)
2)
5)
NOTE: THIS INDEMNITY IS TO BE EXECUTED ON NON JUDICAL
STAMP PAPER OF RS 100/- BEFORE A NOTARY PUBLIC/MAGISTRATE/OATH OFFICER.
Please Ensure That:
1)
Claimant has Signed the Indemnity
2)
All sureties are mentioned
3)
Sureties mentioned are different from
each other.
4)
Claimant name is written wherever necessary
5)
Certificate Details are properly
written
6)
Company Name is mentioned wherever
needed.
7)
All Legal Heirs have signed wherever
needed.
8)
Full Addresses/Bank Mandate wherever
needed is duly filled.
What process is to be followed for Lost or misplace of share certificate ? The value wise is Rs 100 or less?
ReplyDeleteSimple application , with indemnity , affidavit will do?
what procedure will e followed in case of transmission of shares of lunatic person and also how shares to be transferred of such person to legal heirs
ReplyDelete