How Can I Prove My Shareholding If My Name Is Missing from a Joint Stock Company's Share Ledger?
Share Transfers and Shareholding Structure
Share Transfers and Shareholding Structure
Prepared by: Constantinople
The absence of your name from the share ledger is a significant issue, but the review is not limited to that ledger page. First, whether the shares are registered or bearer, whether certificates were issued and how they were transferred are determined. Exercising shareholder rights against the company and the relationship between transferor and transferee cannot be reduced to the same question.
Prepare share certificates, endorsement and delivery documents, the transfer agreement, bank records and requests for registration sent to the company. Transfer restrictions in the articles of association and any board decision refusing registration are also examined. If you have only a photograph of a document, the location of its original matters. A lost certificate and a certificate never issued are assessed differently.
When communicating with the company, clearly identify the shares and transaction date in dispute. Exclusion from a general meeting, payment of a dividend to another person and sale of the same shares to multiple persons may give rise to different claims. The recording system for bearer shares is assessed separately; registered share ledger rules cannot be applied directly to them.
Prepare the share certificate, transfer and delivery documents and your request to the company for registration. If a general meeting is approaching, provide the notice as well; the record chain is examined according to share type.
File review is a paid service. The scope and fee are set out in writing before work begins.
Related Questions
Legal Bases
Checking Transfers of Registered and Bearer Shares
For registered shares, statutory restrictions and approval requirements in the articles of association are checked; for bearer shares, delivery of the certificate and relevant records such as notification to MKK are reviewed. Transfer of uncertificated shares and transfer of an issued share certificate cannot be assumed complete through the same document. Before the transfer price is paid, the existence of the shares, the transferor's authority and any injunction or dispute over them should be assessed. The date of the request for entry in the share ledger and any refusal decision must be retained.