Share Transfer Form
A Share Transfer Form is a legal document that facilitates the formal transfer of shares in a company.
4.3 (25 reviews)
Under 5 minutes
Suitable for Australia
Document Overview
A Share Transfer Form is a legal document that facilitates the formal transfer of shares in a company. Different companies may have different procedures for effecting a transfer of shares, however for Pty Ltd companies we recommend taking the following steps to ensure that the transfer is carried out in a compliant manner:
- Ensure that you understand any share transfer provisions in the replaceable rules, company constitution or shareholders agreement.
- Fill out this Share Transfer Form, providing all the information required in the questionnaire. This will ensure that you comply with sections 1071B of the Corporations Act 2001, which requires there to be an instrument of transfer, and section 1072H, which requires the instrument of transfer to contain a statement regarding the beneficial status of the shares.
- Execute a Directors' Resolution Approving Transfer of Shares (Circulating Resolution).
- Execute a new Share Certificate, and provide it to the transferee.
- Update the Transfer Journal (optional)
- Update the Register of Members (required).
- Lodge an electronic Form 484 with ASIC, within 28 days of executing the directors' resolution approving transfer of shares.
Additionally, parties may wish to draft a Share Sale Agreement (also known as a Share Purchase Agreement) in order to ensure the sale and transfer take place in accordance with the expectations of the transferor and transferee.
This process is generally managed by the company secretary, with the involvement of the transferor, transferee and the directors. However, a transferor and transferee may complete a share transfer form unilaterally, and then steps 3 onward are the responsibility of the secretary and directors. Given the complexity of this process, we recommend seeking legal assistance to ensure that it is effected in a smooth manner. Lawpath offers share transfers as part of its ASIC Company Changes product.
Use this Share Transfer Form if:
You wish to transfer shares from an individual or company to another company or individual.
What does this Share Transfer Form cover?
The transfer of shares according to the Corporations Act 2001
Acceptance of the transfer of shares and paying the purchase price
Further information:
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