Section 88: Request of transfer or for entry in register
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
88. Request of transfer or for entry in register
(1) On the written request of the transferor of any share, debenture or other
interest in a company, the company shall enter, in the appropriate register,
C35 – 63 [Issue 6]
Companies Act
the name of the transferee in the same manner and subject to the same conditions as if the application for the entry were made by the transferee.
(2) On the written request of the transferor of a share or debenture or
other interest in a company, the company shall, by written notice, require
the person having the possession, custody or control of the debenture or
share certificate if a certificate has been issued and the instrument of transfer thereof or either of them, to deliver it or them to its registered office,
within such period as may be specified in the notice, being not less than 7
nor more than 28 days after the date of the notice, to have the share certificate or debenture cancelled or rectified and the transfer entered in the appropriate register or otherwise dealt with.
(3) Where a person refuses or neglects to comply with a notice under
subsection (2), the transferor may apply to the Court to issue a summons for
that person to appear before the Court and show cause why the document
mentioned in the notice should not be delivered or produced.
(4) The Court may order the person summoned under subsection (3) to
deliver a document referred to in subsection (2) to the company on such
terms or conditions as the Court thinks fit.
(5) A list of all share certificates or debentures called for under this section and not delivered shall be exhibited at the registered office of the company and advertised in such newspapers and at such times as the company
thinks fit.
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Questions this section answers
- Can I ask the Court to force someone to hand over a share certificate for transfer?
- How many days can a company give someone to deliver up a share certificate?