1.

Distinguish between Transfer of shares and Transmission of shares.

Answer»
PointsTransfer of sharesTransmission of shares
1. MeaningTransfer of shares means the transfer of ownership of shares from one person to another by entering into a contract.It means the transfer of ownership of a member’s shares to his legal representative due to the operation of law. It takes place on the death of insolvency or insanity of the members.
2. When DoneIt is done when the member wants to sell his shares or give his shares as a gift.It is done when the member dies or becomes insolvent or suffering from insanity.
3. Nature of ActionIt is a voluntary action taken by the member.It is an involuntary action. It is performed by operation of law.
4. Parties InvolvedIn the transfer of shares, there are two parties involved – the member who is called as transferor and the buyer who is called as transferee.There is only one party e.g., the nominee of the members in case of death of the member or the legal representative.
5. Instrument of transferTransfer requires an Instrument of transfer.No instrument of transfer is needed.
6. Initiated byThe transferor initiates the transfer process.Legal representative or official receiver initiates the process of transmission.
7. ConsiderationTransfer of shares is done often by the member to receiving some consideration e.g., money.In the transmission of shares, no consideration is involved.
8. LiabilityThe liability of the transferor ends after the shares are transferred.Original liability of the member continues in case of transmission of shares.
9. Stamp dutyStamp duty as per the market value of shares has to be paid.No stamp duty is to be paid.


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