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Company Stock Transfer Form

Company Stock Transfer Form Template for Philippines

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Key Requirements PROMPT example:

Company Stock Transfer Form

"I need a Company Stock Transfer Form for transferring 5,000 common shares from an individual shareholder to a corporate buyer, with payment to be made in three installments between January and March 2025, including board approval requirements."

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Document background
The Company Stock Transfer Form is a crucial document in Philippine corporate practice, required whenever ownership of company shares needs to be transferred between parties. This document is mandated by the Revised Corporation Code of the Philippines and must comply with Securities and Exchange Commission (SEC) regulations. It is commonly used in various scenarios including private share sales, corporate restructuring, inheritance transfers, or gift transactions. The form captures essential information including complete details of the transferor and transferee, specific share information (number, class, and distinctive numbers), consideration amount, and necessary declarations. It must be properly executed with witnesses and may require notarization, particularly for significant transfers. The document serves as the basis for updating the company's stock and transfer book and may need to be accompanied by supporting documentation such as board resolutions, tax clearances, or spousal consent depending on the circumstances.
Suggested Sections

1. Title and Date: Formal title of the document and date of execution

2. Parties: Full legal names and addresses of the Transferor (seller) and Transferee (buyer) of the shares

3. Company Details: Complete legal name, registration number, and registered address of the company whose shares are being transferred

4. Share Transfer Details: Specific details of shares being transferred including number, class, and distinctive numbers of shares

5. Consideration: Amount and form of payment for the transfer

6. Transferor's Declarations: Declarations regarding ownership, right to transfer, and absence of encumbrances

7. Transfer Instructions: Explicit instructions for the transfer of shares and recording in the company's stock and transfer book

8. Execution: Signature blocks for transferor, transferee, and witnesses

9. Corporate Secretary's Certification: Space for corporate secretary's certification of the transfer

Optional Sections

1. Spousal Consent: Required when the transferor is married and the shares are considered conjugal property

2. Board Resolution: Required when the transfer requires board approval or when the transferor/transferee is a corporation

3. Tax Declarations: Additional declarations regarding tax payments and compliance, particularly for high-value transfers

4. Right of First Refusal Waiver: Required when other shareholders have waived their right of first refusal

5. Payment Terms: Detailed payment arrangements when the transfer involves installment payments

6. Powers of Attorney: Required when the transfer is being executed through an attorney-in-fact

Suggested Schedules

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

2. Proof of Payment: Documentation evidencing payment of consideration

3. Tax Clearance: Proof of payment of applicable taxes (Capital Gains Tax, Stock Transaction Tax, etc.)

4. Secretary's Certificate: Certificate confirming board approval if required

5. Government IDs: Copies of valid government IDs of the parties

6. BIR Forms: Relevant Bureau of Internal Revenue forms required for the transfer

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Legal Services

Corporate Services

Investment Banking

Private Equity

Professional Services

Manufacturing

Technology

Real Estate

Retail

Healthcare

Energy

Transportation

Agriculture

Mining

Construction

Relevant Teams

Legal

Finance

Compliance

Corporate Secretarial

Tax

Investment

Shareholder Services

Risk Management

Corporate Governance

Treasury

Relevant Roles

Corporate Secretary

Legal Counsel

Compliance Officer

Chief Financial Officer

Investment Manager

Stock Transfer Agent

Corporate Lawyer

Tax Manager

Finance Director

Company Director

Board Member

Shareholder Relations Manager

Investment Banker

Private Equity Manager

Corporate Governance Officer

Risk Management Officer

Industries
Revised Corporation Code of the Philippines (Republic Act No. 11232): The primary law governing corporations in the Philippines, including provisions on share transfers, stockholders' rights, and corporate documentation requirements
Securities Regulation Code (Republic Act No. 8799): Regulates the securities market, including requirements for stock transfers, especially for publicly listed companies
National Internal Revenue Code: Contains provisions on stock transaction tax, capital gains tax, and documentary stamp tax applicable to share transfers
SEC Memorandum Circular No. 6, Series of 2020: Guidelines on corporate actions and securities transfers during the pandemic period and beyond, including requirements for electronic filing
SEC Rules on Stock Transfer: Specific regulations implementing the SRC provisions on stock transfers, including requirements for stock certificates and transfer procedures
Anti-Money Laundering Act (Republic Act No. 9160): Requires due diligence and reporting for certain high-value transfers of shares, particularly when involving substantial amounts
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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