When it comes to the transfer of ownership in a company, the transmission of shares is an essential process. It is commonly seen when shares are passed on due to the death of a shareholder, insolvency, or other specific circumstances. This article explains the procedure for shares transmission, ensuring that legal formalities and paperwork are appropriately handled.

What is Shares Transmission?

The transmission of shares refers to the process by which the ownership of shares in a company passes from one person to another without the sale or transfer through a trading mechanism. This process is typically triggered in cases of inheritance or succession, when a shareholder passes away or is legally unable to hold their shares.

Step-by-Step Shares Transmission Procedure

The shares transmission procedure involves several steps to ensure the rightful transfer of shares. Below is an outline of the typical procedure followed:

1. Notification of Shareholder's Death or Incapacity

The first step in the Share Claimers is notifying the company about the death or incapacity of the shareholder. The legal heir, executor, or administrator of the deceased shareholder’s estate should inform the company of the situation. They must submit the necessary documents such as:

• Death certificate of the shareholder.
• Proof of identity and address of the legal heir.
• A copy of the will or succession certificate if available.

2. Submission of Required Documents

Once the company is notified, the legal heir must submit the required documents for the transmission process. These include:

• Transmission Request Form: A prescribed form provided by the company.
• Death Certificate (if applicable): For the transmission due to the death of the shareholder.
• Succession Certificate or Probate: In cases of intestate succession.
• Share Certificates: If the shares are in physical form, the original share certificate must be submitted.

3. Verification of Documents

After receiving the documents, the company’s registrar or the concerned authority will verify the submitted documents. This step ensures that the legal heir has a rightful claim to the shares. The registrar may request additional documents if needed. It’s important to provide accurate and complete documents to avoid delays in the transmission process.

4. Approval of Transmission

Once all the required documents are in place and verified, the company will proceed with the approval of the transmission. This approval can take some time, depending on the company’s internal procedures and the jurisdiction involved. Upon approval, the shares will be officially transferred to the legal heir.

5. Issuance of New Share Certificates

After approval, the company will issue new share certificates in the name of the legal heir. If the shares were previously in physical form, the new certificate will replace the old one. In case the shares were in dematerialized form, the transfer will be updated electronically.

Conclusion

The shares transmission procedure is a legal process that ensures the rightful transfer of ownership in a company due to various circumstances like the death or incapacity of a shareholder. By following the outlined steps and submitting the necessary documents, legal heirs can successfully claim the shares. It’s important to ensure that all documents are accurately completed to avoid delays or complications.