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Notice Of Transfer Of Shares Template for South Africa

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Key Requirements PROMPT example:

Notice Of Transfer Of Shares

"I need a Notice of Transfer of Shares for my South African tech startup, transferring 1,000 ordinary shares from ABC Tech Investments (Pty) Ltd to XYZ Ventures (Pty) Ltd on March 15, 2025, with consideration of R500,000 and maintaining our current B-BBEE level 2 status."

Document background
The Notice of Transfer of Shares is a crucial document in South African corporate governance that facilitates the formal transfer of share ownership between parties. This document is required whenever shares are transferred between shareholders, whether in private or public companies, and must comply with the Companies Act 71 of 2008 and other relevant legislation. The notice includes essential information such as the identities of the transferor and transferee, details of the shares being transferred, consideration paid, and relevant declarations. It serves as the basis for updating the company's share register and may require supporting documentation such as share certificates, transfer forms, and proof of payment. The document may also need to address specific requirements related to B-BBEE status, exchange control regulations for international transfers, and securities transfer tax obligations.
Suggested Sections

1. Notice Header: Title of document, date, and reference number

2. Company Details: Full registered name of the company, registration number, and registered address

3. Transferor Details: Full name, ID/registration number, and address of the party transferring the shares

4. Transferee Details: Full name, ID/registration number, and address of the party receiving the shares

5. Share Transfer Details: Number and class of shares being transferred, share certificate numbers, and transfer date

6. Consideration: The amount or value for which the shares are being transferred

7. Declaration: Statement confirming the transfer and requesting the company to register the transfer

8. Signatures: Space for signatures of transferor and transferee, including date and witness details

Optional Sections

1. B-BBEE Impact Statement: Required when the transfer affects the company's B-BBEE status

2. Exchange Control Compliance: Required for transfers involving non-resident parties

3. Special Conditions: Any specific conditions attached to the transfer

4. Tax Declarations: Statements regarding Securities Transfer Tax payment where applicable

5. Director's Approval: Required when the company's MOI requires director approval for share transfers

Suggested Schedules

1. Share Certificate: Copy of the original share certificate(s) being transferred

2. Securities Transfer Form: Completed and signed securities transfer form (CM 42)

3. Proof of Payment: Evidence of payment for the shares and/or Securities Transfer Tax

4. Supporting Documents: Copies of IDs/passports, proof of address, and company registration documents where applicable

5. Resolution: Company resolution approving the transfer if required by the MOI

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Financial Services

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Manufacturing

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Technology

Retail

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Relevant Teams

Legal

Corporate Secretarial

Finance

Compliance

Corporate Governance

Executive Management

Administrative Services

Share Registry

Board Secretariat

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Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Chief Financial Officer

Financial Director

Share Transfer Secretary

Corporate Governance Officer

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Managing Director

Chief Executive Officer

Board Director

Corporate Services Manager

Financial Manager

Legal Manager

Company Administrator

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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