Hello Auditor

How are the shares of a Public Limited Company transferred?

1. Free Transferability of Shares

  • Shares of a Public Limited Company are freely transferable unless restricted by law or internal agreements.
  • This is a core feature that distinguishes it from private companies.
  • Shareholders can sell or transfer their shares to any person without board approval.
  • Freely transferable shares enhance market liquidity and investor participation.
  • This helps in raising capital and facilitating open ownership.

2. Transfer Procedure for Physical Shares

  • The shareholder must submit a duly executed share transfer deed (Form SH-4) along with the original share certificate.
  • The deed should be properly stamped as per the Indian Stamp Act.
  • The company records the transfer in its register of members after verification.
  • A new share certificate is issued to the transferee within the prescribed time.
  • This method is used when shares are not held in dematerialized (electronic) form.

3. Transfer of Dematerialized Shares

  • Most listed public companies maintain shares in demat (electronic) form through depositories like NSDL or CDSL.
  • The shareholder initiates the transfer through a Depository Participant (DP).
  • The DP debits shares from the seller’s demat account and credits the buyer’s account.
  • The process is fast, secure, and does not require physical documents.
  • The company is informed automatically through the depository system.

4. Role of Stock Exchanges and Market Trades

  • For listed companies, shares are traded on recognized stock exchanges such as the BSE or the NSE.
  • Buyers and sellers conduct transactions through registered brokers.
  • The stock exchange facilitates trade settlement, usually within T+1 day.
  • Shareholding changes are reflected in demat accounts without direct company involvement.
  • This promotes transparency and regulatory oversight in share transactions.

5. Recording and Compliance

  • The company must update its register of members to reflect the new ownership.
  • The transfer must comply with the provisions of the Companies Act, SEBI regulations, and depository rules.
  • Proper records ensure rightful dividend distribution, voting rights, and legal ownership.
  • In case of disputes, the company refers to the share transfer records for verification.
  • Accurate maintenance of transfer history is essential for audits and shareholder rights.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *