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share transfer

Querist : Anonymous (Querist) 30 March 2011 This query is : Open 
Hi,

I am working with a small start-up. I am working in this company for last
10 years and during which company has offered me some private equity (not
ESOP and not SWEAT). These shares are allotted though share transfer. I
paid for it as per the face value and got share certificate.

Now I resigned the company. After resignation, the company is asking to
return back the equity. The reason they gave is "articles of association"
has a clause as follows

"Any person who has been allotted shares in the company by virtue of his
being an employee of the Company shall, on ceasing to be so employed, for
any reason whatsoever, at the discretion of the Board, transfer his shares
in the company to such a person as the board may decide, at a value
mutually agreed upon by person and the board"

It would be great if you could help me on following....

1. Does law says that I should return equity even though it is not SWEAT
or ESOP?
2. What legal action will be taken if I do not return the equity?
3. If I want to return equity and the value is not accepted by board, do i
need to give the shares as the board decides?

Thanks in advance


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