Companies Act 1993

Shares and debentures

39: Transferability of shares

You could also call this:

“Shares can be transferred unless the company's rules say otherwise”

You can transfer shares in a company, which means you can give or sell them to someone else. This is allowed unless the company’s constitution says you can’t or puts limits on how you can do it.

When you transfer a share, it needs to be recorded in the company’s share register. This is a list that keeps track of who owns shares in the company. You can find out more about how this works in section 84 of the Companies Act.

If a shareholder dies, the person who looks after their estate (called a personal representative) can transfer their shares. They can do this even if they don’t own any shares themselves.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM320150.

Topics:
Business > Industry rules
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Part 6 Shares and debentures

39Transferability of shares

  1. Subject to any limitation or restriction on the transfer of shares in the constitution, a share in a company is transferable.

  2. A share is transferred by entry in the share register in accordance with section 84.

  3. The personal representative of a deceased shareholder may transfer a share even though the personal representative is not a shareholder at the time of transfer.