Transfer of Shares [Practice Note]

This Practical Law Australia Company Law practice note examines the legal requirements and process for transferring shares from one person to another (including drafting and executing a valid share transfer form, registering the transfer and updating the company’s share register). It also considers common transfer restrictions and how to deal with them.

Table of contents

  • When are shares transferable?
  • Restrictions on transferring shares
  • Steps for transferring shares
  • When does the transfer take effect?
  • Is a share purchase agreement required to transfer shares?
  • Share transfer forms
  • Share certificates
  • Stamp duty
  • Approval and registration of transfers
  • Tax implications on share transfers

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