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Gopal (proprietor)     24 February 2012

Sale of shares

Sir, I am MDof a company. We want to sell company by way of sale of all shares to another group. The purchaser is insisting on us to make a sale deed of all share holders individually and he wants to pay the amount of shares in 4 equal installments with post dated cheques and want to transfer all the shares in his name ?

my query is whether PDC are legal in such transcaction ? can we allow him to transfer all shares ? if in case of bouncing of cheques, could the share transfer can be invalid or cancelled please advice



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 February 2012

Once shares transferred legally and cheque bounced then it doesn't make transfer of shares invalid.  You will have to initiate criminal proceedings against such persons u/s 138 of NI Act 

Rajesh Hazra (Mediator and Legal Counsel )     25 February 2012

 As rightly adviced by Advocate Rajeev You also need to have a good drafted share transfer agreement between the parties and with the clause on realization of the total amount. along with an indeminiity bond.


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