Q.Define Transmission of Share and explain the circumstances for compulsory transfer of shares.
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Start your 14-day free trial to unlock the full solution →Transmission is the passing of shares by operation of law (death, insolvency or insanity of a member); the compulsory transfer of shares takes place in these same law-driven situations, plus where a court/authority orders it.
Meaning of transmission of shares: Transmission of shares is the transfer of ownership of shares from one person to another by operation of law, and not by any voluntary agreement or instrument of transfer. It happens automatically on certain events affecting the member. Since it is caused by law and not by choice, no transfer deed and no stamp duty are required; the person entitled applies to the company with the proper legal proof, and the company records the change in the register of members.
Circumstances for compulsory (involuntary) transfer of shares: A compulsory transfer/transmission of shares occurs when, by force of law, the shares must pass to another person, such as:
- Death of a member — the shares pass to his legal heir or legal representative (the executor named in the will, or the successor obtaining a succession/legal-heir certificate or letters of administration).
- Insolvency of a member — when a member is adjudged insolvent, his shares vest in and pass to the official assignee/assignee for the benefit of creditors.
- Insanity / unsoundness of mind — where a member is declared of unsound mind, his shares are dealt with by his lawfully appointed guardian or committee. …
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