Move Ownership Cleanly, with the Right Paperwork and the Right Tax Result
A share transfer looks simple but is easy to get wrong. A defective transfer leaves the share register, the tax position and the real ownership out of step, and the problem usually appears later, when a buyer, a bank or an authority asks for the paperwork. We make sure the transfer is valid, properly recorded and efficiently structured.
- Share transfer: a transfer of registered shares must be in writing, signed by the transferor and transferee, witnessed by at least one person and state the share numbers. It binds the company and third parties only once it is recorded in the share register.
- Share swap: shareholders exchange shares in one company for shares in another, often in a group reorganization or when a business is combined with another. It needs its own tax, valuation and foreign ownership analysis.
- Consents: restrictions in the Articles, pre-emption rights, lender consent and license or BOI conditions can all affect whether shares can move.
- Foreign shareholding ratio: a transfer to or from a foreigner can change the status of the company under the Foreign Business Act, so the ratio is checked before signing and again after completion.