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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