Question
Differentiate between share transfer and share transmission.

Answer

No.PointsTransfer of ShareTransmission of Share
1.MeaningWhen a shareholder voluntarily passes ownership of share to another person, in accordance with the provisions of Companies Act and Articles of Association it is called Transfer of Share.When a shareholder dies or he is declared by the court to be an insolvent or lunatic, then such compulsory transfer of share, under the law, is called Transmission of Share.
2.CircumstancesIt is a voluntary transfer. Shareholder may transfer share/ shares at any time according to provisions of Companies Act.In case of death, insolvency or person being declared lunatics death case of a, in single person company, transmission of share takes place.
3.ConsentIn voluntary transfer, consent of both parties is essential.In transmission of share consent of both parties is not necessary/ possible.
4.ConsiderationShare transfer is arises due to a valid agreement of two parties so, consideration is essential.In transmission of shares, shareholder loses ownership and ownership is shifted to legal representative. This is not selling so there is no consideration.
5.Stamp dutyIn a share transfer, stamp duty is necessary according to prevailing law. If the stamp duty is not affixed as per law, share transfer is not valid in physical shares.In a transmission of share there is no consideration. So stamp duty is not essential.
6.MembershipMembership is obtained by the transferee after the approval of the Board of Directors, and his name is entered into the Register of member.Legal representative is entitled, to the rights of a member and can claim dividend.
7.ProcedureA procedure of the Board of Directors is required following the provisions of Articles of Association.Legal representative sends evidences supporting his rights obtained through court to the company for getting his name registered as member.
8.RefusalBoard of Directors may refuse to transfer of shares, if such refusal is in the interest of the company.Generally, the directors of the company cannot refuse transmission of shares.
9.ResponsibilityThe original shareholder does not have any responsibility after transfer of shares is complete.In transmission of shares, there is no personal responsibility of the representative. However, he has to accept responsibility arising due to shares.
10.Right to go to a TribunalIf a company refuses to transfer without valid reason, the shareholder has the right to go to a Tribunal.The company can not refuse transmission ans so the question of going to tribunal does not arise.

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