Company services
Share transfers.
A share transfer is more than a signed form. Pre-emptive rights, director approval, duty and the register all have to line up, or the transfer is ineffective and the ownership record is wrong.
Lawyer prepared
Documents prepared and reviewed by a Victorian commercial lawyer.
Fast turnaround
Most registrations and deeds turned around same day or next business day.
Fixed fee, quoted first
Fixed fee quoted before we start, ASIC fees itemised separately.
Compliant documents
Corporations Act 2001 and ASIC compliant documentation.
What a properly documented transfer involves.
We review the constitution and any shareholders agreement for pre-emptive rights and approval requirements, prepare the share transfer form and board approval, update the register and issue new certificates, and lodge the change with ASIC.
Where duty applies, for example transfers of shares in a landholder company, we advise on the assessment and attend to the State Revenue Office lodgement.
Transfers between family members or into a trust are still transfers. Capital gains tax and duty can apply even where no money changes hands.
Why it pays to have this done properly.
Pre-emptive rights respected
Most constitutions require shares be offered to existing members first. Ignoring it can make the transfer voidable.
Duty and tax flagged early
Landholder duty and CGT consequences are identified before signing, not after assessment.
Records that match reality
Register, certificates and ASIC record updated together so ownership is provable.
Is this you?.
- A shareholder is exiting or being bought out
- Shares are moving into a family trust or SMSF
- A new investor is buying in
- Ownership on paper no longer matches the agreement
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the transfer form, board approval, certificates and register updates, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed fee per transfer including the register update and ASIC notification. Landholder duty advice or valuations are quoted separately.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Is stamp duty payable on a share transfer?
Do directors have to approve the transfer?
Does ASIC need to be told?
Related services.
Share buy back (selective)
Buy out one shareholder using the company's own funds, done to the Act.
Learn moreShare forfeiture
Forfeiting partly paid shares where a call has not been met.
Learn moreReplacement company register
A reconstructed, accurate set of statutory registers and minute books.
Learn moreReady to get started with share transfers?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.