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Transfer of shares means an act of transfer of title of share certificate from one person (transferor) to another (transferee). Transfer of shares is needed when one buys shares from secondary markets or holds shares in physical form. As per section 108 of the Companies Act 1956, submission of valid transfer deed is compulsory for transfer.
An investor may face numerous problems while transferring shares to his name. Share Samadhan provides services to investors who encounter following problems:
Mismatch of signature:
Sometimes companies deny transfer of shares due to mismatch of the signature of the transferor in the transfer deed and specimen signature available in company records.
Non-submission of transfer deed:
The buyer has paid the consideration but has not submitted the transfer deed with the company. Consequently, as per the company records, the shares still remain in the seller’s name.
Loss of share certificates:
A shareholder may loss share certificates, hence, denying him from valuable possession of his investments. The shareholder has to get duplicate share certificates in his or her name from the company.
Mutilated share certificates:
Due to wear and tear of share certificates sometimes they get mutilated causing problem in share transfer.
Transmission of shares at times is hugely cumbersome and runs into many legal complications. We help our clients by providing services relating to entire range of transmission of shares. A few common issues that we come across frequently are as follows:
Mixing up transfer of shares with transmission of shares:
One of the widely- experienced problems is not to find out the difference between transfer and transmission of shares. The Companies Act clearly distinguishes transmission of shares from transfer of shares. While transfer of shares relates to a voluntary act of the shareholder, transmission is brought about by operation of law. Unlike transfer of shares, in case of transmission, shares are transferred without any consideration. The transmission takes place on the basis of will or an agreement.
Holding in various companies:
In case the deceased shareholder had holdings in different companies, the relevant documents must be sent to each of the companies along with the share certificates in order to effect transmission of shares. This needs constant follow-up with each of the companies.
Jointly-held securities:
Problems also arise if deceased was one of the joint holders. In that case the surviving holders must have a depository account and apply for transmission of shares following the due procedures.
Share transmission is the devolution of title of shares of a shareholder due to death, inheritance, bankruptcy, insolvency, lunacy, marriage or by any other lawful means other than transfer. On registration of the transmission of shares, the person becomes the shareholder of the company and is entitled to all rights as a shareholder.
Unclaimed dividend is the declared dividend by a company which is not encashed or claimed by the shareholders. The Companies Act of 2013 mandates that dividends not paid or claimed in 30 days are transferred to a separate bank account. An investor can claim his dividends from this account anytime in the next 7 years. After that, it goes to the Investor Education and Protection Fund (IEPF) which is managed by the Ministry of Corporate Affairs.
Although the government has ensured unclaimed dividends, deposits, debentures, bonus, split shares etc to be in safe hands so that the investors can claim it even after a certain period, the number of the affected investors are no less. We provide a whole range of servcies to investors to recover their unclaimed dividends, bonuses, split shares etc. An investor may face such problems because of following reasons:
Outdated records:
Unclaimed Dividend largely exists due to incorrect or outdated details of a shareholder in company’s records. Non-intimation of change of address or other details to the respective company results in mismatch of investor’s database with various authorities.
Non-execution of transfer:
Shares purchased by an investor remain in the name of the seller due to non-execution of transfer in the name of the buyer. This happens when an investor holds physical shares.
Non-execution of transmission:
It happens when a legal heir or successor fails to ‘transmit’ shares in his name after the death of an investor in whose name shares or debentrues are actually held in company’s records, leading to unclaimed corporate benefits including dividends etc.
Share Samdhan provides service to investors facing following problems:
Inadequate records:
Change of address, bank accounts or any other details are not in the company’s record, leading to lack of exchange of communication between company and investor.
Long maturity period:
As these are long-term investments ranging from 10 to 20 years, investors tend to lose track of it.
Loss of certificates:
Becuase of long holding period, it’s quite a common issue that investors loss certificates as many still hold it in physical form.
A convertible debenture is a financial instrument which changes its nature after completion of a specific period of time. It is a type of loan issued by a company that can be converted into stock by the holder and, under certain circumstances, the issuer of the bond.
Share Samadhan team backed by Industry seasoned professional having knowledge of entire spectrum of real estate industry helps you to recover your money stuck in property
In case you are not able to get refund of your investment in real estate project which is either delayed or halted.
In case you are looking for dispute resolution or settlement with builder / developer / colonizer etc.
In case you are looking for filing suit for your real estate matters
In case you are looking for consultation in family property dispute resolution
In case of not getting possession or no penalty for delayed period
Share Samadhan team is having fully fledged team having an experience or working in large corporate, commercials, Law Firm etc. Hence we are well conversant with the process.
. Proper commercial understanding
. Backed by strong legal team
. Updates with legal & regulatory framework
. Also handles international recovery as well
. OLD DEBTORS AND OLD LOANS is increasing day by day
. Working capital pressure as bank’s disbursement is also challenging and time-consuming
. Every Rs 1,00,000 blocked results to Rs. 60,000 loss in one year assuming the turnover cycle 2 month where margin of 10% on turnover)
. Promoter does not have focused receivable team backed by strong legal team to purse debtor recovery cases
. IBC (Insolvency & Bankruptcy Code) empowers all classes of creditors (secured and unsecured lenders, employees, trade creditors, regulatory authorities)
. Provides for immediate suspension of the BOD and promoters’ powers.
. Provides for an insolvency professional to take control.
. Offers a finite time for resolution process. A period of 180 days to 270 days take to complete the Insolvency Process to complete the Insolvency Resolution Process under Insolvency and Bankruptcy Code.
. The process may be initiated by either the debtor or the creditors.
. National Company Law Tribunal (NCLT) would deal with matters relating to corporate insolvency
. Financial debt: means debt extended against consideration for the time value of money, and includes the following example: Term Loans, Working capital loans etc.
. Operational debt: means debt incurred in exchange for the provision of goods or services.
• Creditors include secured, unsecured.
• Creditors and decree holders from the court.
Hundreds of crores are lying unclaimed in the forms of unclaimed dividend and redemption amount of mutual funds. We provide service in redemption of Mutual Fund which remains unclaimed due to following reasons:-
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Mismatch of name / change of name
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Mismatch of signature
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Change of address
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Closure of bank account
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Death of mutual fund holder
Even if you donot have details of your mutual fund, but you remember the name of Mutual Funds houses where investment is made, we can assist in retrieval of information and recovery of those unclaimed mutual funds.
If mutual fund redemption amount or dividend amount remains unclaimed for 3 years, it will be considered as unclaimed and invested by Mutual Fund Houses in money market. And if it remains unclaimed for another 10 years, it is transferred in Senior Citizen Welfare Fund, from where normally it cannot be claimed after 25 years.
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Loss of policy documents
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Death of policyholder
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Closure of bank account
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No claim even after maturity
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Premiums remaining unpaid
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Death Claims
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Survival benefits
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Maturity claim
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Premium refunds
If Insurance claims remains unclaimed for 10 years it is transferred to Senior Citizen Welfare Fund, from where normally it cannot be claimed after 25 years.
If saving or current account is not operated for 12 months it becomes inactive and if it is further not operated for another 12 months, it becomes inoperative. Thus we help in making account operative again and also claiming money from the accounts.
Further if there is death of accountholder, we help in transmission through legal process and claim of amount to legal heirs.
If account remains inoperative for 10 years, it becomes unclaimed and transferred to Senior Citizen Welfare Fund, from where normally it cannot be claimed after 25 years.
If bank deposit is not claimed for 10 years after it becomes due, it is considered as unclaimed. Thus we help in claim of amount from unclaimed deposits.
Further if there is death of accountholder, we help in transmission through legal process and claim of amount to legal heirs.
If amount due is not claimed for 10 years, it becomes unclaimed and transferred to Senior Citizen Welfare Fund, from where normally it cannot be claimed after 25 years.
Thousands of crores are lying unclaimed in the forms of unclaimed provident fund in across India.
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Wrong Name / change of name
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Not having PF number
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Not having UAN/ Unactive UAN
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Incomplete KYC
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Incomplete Information seed by company
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Closure of bank account
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Death of Provident fund holder
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Company refused to sign and attest the claim
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Share Samadhan Provides consultancy in claim of shares from IEPF (Investor Education &
Protection Fund, Govt of India) where shares and dividend have been transferred to Govt.
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If dividends are unclaimed for continuous 7 years, the dividend as well as shares pertaining
to those dividend are transferred to IEPF, an authority under Ministry of Corporate Affairs,
Govt of India.
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Once the shares are transferred to IEPF, the investor needs to complete the numerous
formalities to get this entitlement and then approach the Nodal officer of the company to
get the verification from company and then ultimately approach IEPF to claim the shares.
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For holding in each separate company, separate claims have to be filed and co-ordination
has to be done with Registrar, Company and IEPF as explained above.
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The claim has to be filed online and then physical documents have to be sent by investor to
authorities, which are processed and approved by them at various levels.
A Will is a legal document enabling you to distribute your assets, belongings, and other investments to your family or whomsoever you wish to transfer after your demise. A Will can be made by any individual.
As a Testator, you shall draft the Will in your own free will, once you are above 18 years of age, to transfer the movable/immovable assets over which you have complete ownership, and which you desire to be carried into effect after your demise.
A well drafted Will ensures smooth succession and helps to avoid disputes or conflicts amongst the family and legal heirs after the death of the testator.
Our legal Counsel will help you have your house, land, money, jewellery, paintings, bank account, insurance policy, shares, provident fund, gratuity, postal deposit, fixed deposit etc., drafted for succession to your Legal Heirs into your Will.