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Questions Related to Stock Transfer Rules and Procedures by Meghan Jones





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Questions Related to Stock Transfer Rules and Procedures by
Article Posted: 06/27/2013
Article Views: 54
Articles Written: 575
Word Count: 632
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Questions Related to Stock Transfer Rules and Procedures


 
Law
There are many reasons for stock transfers and the necessary documentation differs depending on the kind of transfer. In a company, stock is often transferred between the buyer and seller based on a mutual agreement. Specific rules for share transfers might differ but some general documents like a stock transfer form, letter of instruction, and original stock certificates are usually required by most guarantors. This article provides answers to some of the most commonly asked questions about issues related to this.

What steps should I take to remove a partner from an Illinois S Corp? He is not asking for any equity payments and has no debt owed to him.

If the partner voluntarily discards the interest, he just needs to sign a Bill of Sale or Assignment of Interest. By this you would get his S Corp ownership shares. In case your company has issued stock certificates, it is necessary for him to sign the stock transfer provisions on the stock certificate and hand it over to you. Since the next S Corp tax return will reflect the new ownership, you may want to file an amendment to your Articles of Incorporation at that time if you partner was a registered agent of the S Corp.

My sister took stocks from my deceased mother. How do I get information regarding this transfer of stocks?

In case the stocks were traded publicly and you know the names of the stock, you can look up closing prices in newspapers like The New York Times, The Wall Street Journal, or some other journal like this either on the day before or on the day of your mother’s death.

Unless the stock was jointly owned by your mother and sister, it could not have been transferred to your sister without letters testamentary being issued by the probate court to the executor of your mother’s will. The will should then be filed and it will be a public record.

If someone wants to do a stock transfer what are the documents that they need? If the company runs a debt, would the new part owner inherit some of this debt?

The process has to undergo a stock transfer agreement. The debt would not be transferred to the part owner unless the person signed a kind of personal guarantee for the loan.

How can one find the value of the company and its shares in a stock transfer? How much influence would a new part owner owning 20% of the company have on its business decisions?

The company’s value is determined by computing the fair market value of its assets after deducting the fair market value of its debts. The new part owner owning 20% would be considered a minority shareholder. In the decision making process he would have only a limited power as long as he does not join others who owned 31% more.

How do I transfer the name of each stock certificate of my personal corporation to my family trust?

All that you have to do is to sign the back of the certificates and write the trust name as assignee. After that you should list the certificates on the trust statements of the assets.

Stock transfers in the form of gifts can help friends, family members, or a charity. Transfer of stocks, instead of giving cash, may also confer tax advantages to both the parties. As for the donor, transfer of stocks as gift means you are giving the recipient a chance to have an asset that might increase in value over time. However, there are legal issues that might arise and it is better to ask a business lawyer to decide the best course of action.

Related Articles - transfer of shares, stock transfer, corporate stock transfer, stock transfer agreement, stock transfer order, board resolution for transfer of shares,

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