The Company Share Transfer Form is a fundamental document in Canadian corporate governance, used whenever shares need to be transferred between parties in a corporation. This document is essential for maintaining accurate records of share ownership and ensuring compliance with both federal and provincial regulations. It must adhere to the requirements set forth in the Canada Business Corporations Act (CBCA) and relevant provincial securities legislation. The form captures crucial information including the identities of the transferor and transferee, details of the shares being transferred, consideration paid, and necessary approvals. It serves multiple purposes: documenting the transfer transaction, providing evidence of ownership change, enabling updates to the corporate share register, and ensuring compliance with regulatory requirements. The document is particularly important for private corporations where share transfers need to be carefully documented and may require director approval.
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1. Share Transfer Details: Primary section identifying the company whose shares are being transferred, including company registration number and registered office
2. Transferor Information: Full legal name, address, and contact details of the party transferring the shares
3. Transferee Information: Full legal name, address, and contact details of the party receiving the shares
4. Share Specifications: Details of shares being transferred including class, number of shares, and distinctive numbers if applicable
5. Consideration: The amount paid or other consideration given for the transfer of shares
6. Declaration: Statement confirming the transferor's ownership and right to transfer the shares
7. Execution Block: Signature sections for transferor and transferee, including witness requirements
8. Director's Approval: Section for director's approval of the transfer if required by company bylaws
1. Spousal Consent: Required in cases where shares are matrimonial property
2. Power of Attorney: Required when transfer is executed by an attorney on behalf of transferor or transferee
3. Corporate Authorization: Required when either party is a corporation, including corporate resolution approving the transfer
4. Share Certificate Submission: Details of physical share certificates being submitted, if applicable
5. Tax Declarations: Specific tax-related declarations required for certain types of transfers
6. Restrictions Notice: Required when shares are subject to transfer restrictions or shareholders' agreement
1. Schedule A - Share Certificate Details: Copy or details of the share certificate(s) being transferred
2. Schedule B - Corporate Resolution: Copy of corporate resolution authorizing the transfer (if applicable)
3. Schedule C - Power of Attorney: Copy of power of attorney document (if applicable)
4. Schedule D - Share Transfer Restrictions: Details of any restrictions on transfer from company bylaws or shareholders' agreement
5. Appendix 1 - Supporting Documents: List and copies of additional supporting documents (ID proof, address proof, etc.)
6. Appendix 2 - Tax Forms: Relevant tax forms or declarations required for the transfer
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