Rishi Khatod 01 August 2015

Registration of share subscription and shareholder agreement

Hi Friends,

I am a new member to this portal and found it very useful and interesting. I have been trying to find an answer to a question for quite some time but i am getting different answers from different lawyers so i thought this may be a good platform to raise the question.

There is an agreement named "Share Purchase and Subscripttion Agreement" under which I have agreed to purcahse shares of a private limited company having registererd office in Mumbai. The agreement needs to be registered. Which authority do I need to go and what procedure do I have to follow for the same?

Thanks in advance

Rishi

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1 Replies

viveks2016 (Head Legal & Company Secretary) 18 August 2015

Hello,

In my view, It is not mandatory for you to register same in terms of provisions of Registration Act, 1908. But as you intend to register same, you may register it before Office of Regsitrar of Assurances of the state in which the registered office of the Company (in which you intend to buy/subscribe the shares) is situated.

Further, if there is any impact on the MOA & AOA of the Company due to above referred agreement, make sure the changes are reported timely to Officer of Registrar of Companies in which the registered office of the Company is situated i.e. Ministry of Corporate Affairs in e-Form MGT-14 and in general details in GNL-2 can also be filed.

Regards

Vivek