A Board Resolution To Transfer Shares is a crucial corporate governance document used in Australian companies when shares need to be transferred between parties. It is required whenever shares change ownership, whether in private or public companies, to ensure compliance with the Corporations Act 2001 (Cth) and the company's constitution. The resolution documents the board's approval of the transfer, confirms compliance with any pre-emptive rights or transfer restrictions, and authorizes necessary updates to the company's share register. This document is particularly important for maintaining proper corporate records, demonstrating regulatory compliance, and protecting the interests of all stakeholders. It typically includes meeting details, share transfer specifics, and any conditions that must be satisfied before the transfer can be completed.
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1. Company Details: Legal name of the company, ACN, and registered office address
2. Meeting Details: Date, time, location of the board meeting, and confirmation of quorum
3. Present and Apologies: List of directors present and those who submitted apologies
4. Chairperson: Identification of the meeting's chairperson
5. Share Transfer Details: Details of the shares being transferred, including number, class, and price
6. Transferor and Transferee Details: Full details of the current shareholder(s) and the proposed transferee(s)
7. Board's Resolution: The formal resolution approving the transfer of shares
8. Confirmation of Compliance: Statement confirming compliance with company constitution and relevant laws
9. Authorizations: Authorization for officers to update company records and execute necessary documents
10. Closure: Formal closing of the meeting and signature block for chairperson
1. Pre-emptive Rights Waiver: Required when other shareholders have pre-emptive rights that need to be formally waived
2. ASIC Notifications: Include when specific ASIC notifications are required for the transfer
3. Foreign Investment Approval: Required when the transfer involves foreign investors and FIRB approval is needed
4. Share Certificate Cancellation: Include when existing share certificates need to be cancelled and new ones issued
5. Stamp Duty Considerations: Required when the transfer triggers stamp duty obligations
6. Related Party Transaction: Include when the transfer involves related parties and additional disclosures are needed
1. Schedule 1 - Share Transfer Form: The official share transfer form to be executed
2. Schedule 2 - Updated Share Register: Copy of the updated company share register showing the transfer
3. Schedule 3 - Supporting Documents: Any relevant supporting documents such as valuation reports or regulatory approvals
4. Schedule 4 - Shareholder Consents: Written consents from other shareholders if required
5. Schedule 5 - New Share Certificates: Draft of new share certificates to be issued
Relevant legal definitions
Board
Company
Company Constitution
Chair
Director
Meeting
Minutes
Ordinary Resolution
Share Register
Share Transfer Form
Shares
Share Certificate
Transferor
Transferee
Consideration
ASIC
Corporations Act
Stamp Duty
Quorum
Related Party
Special Resolution
Secretary
Registered Office
Share Class
Pre-emptive Rights
Company
Company Constitution
Chair
Director
Meeting
Minutes
Ordinary Resolution
Share Register
Share Transfer Form
Shares
Share Certificate
Transferor
Transferee
Consideration
ASIC
Corporations Act
Stamp Duty
Quorum
Related Party
Special Resolution
Secretary
Registered Office
Share Class
Pre-emptive Rights
Clauses
Meeting Constitution
Quorum Declaration
Share Transfer Details
Consideration Amount
Board Approval
Pre-emptive Rights
Regulatory Compliance
Document Execution
Share Certificate Issuance
Register Updates
Officer Authorization
Company Constitution Compliance
Stamp Duty Requirements
ASIC Notification
Foreign Investment Compliance
Related Party Disclosures
Record Keeping
Quorum Declaration
Share Transfer Details
Consideration Amount
Board Approval
Pre-emptive Rights
Regulatory Compliance
Document Execution
Share Certificate Issuance
Register Updates
Officer Authorization
Company Constitution Compliance
Stamp Duty Requirements
ASIC Notification
Foreign Investment Compliance
Related Party Disclosures
Record Keeping
Relevant Industries
Financial Services
Professional Services
Technology
Manufacturing
Retail
Healthcare
Mining and Resources
Real Estate
Agriculture
Construction
Transport and Logistics
Education
Telecommunications
Energy
Relevant Teams
Legal
Corporate Governance
Company Secretariat
Board of Directors
Executive Leadership
Finance
Compliance
Risk Management
Corporate Affairs
Share Registry
Relevant Roles
Company Director
Company Secretary
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Corporate Governance Officer
Compliance Manager
Board Chairman
Managing Director
Share Registry Officer
Corporate Affairs Manager
Risk Manager
Company Accountant
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