The Stock Transfer Form Gift Of Shares is a crucial document used in Canadian corporate practice when an individual or entity wishes to transfer shares to another party without receiving payment or other consideration. This form is commonly used in family business succession planning, estate planning, or charitable giving scenarios. The document must comply with requirements set forth in the Canada Business Corporations Act or provincial equivalents, and considers tax implications under the Income Tax Act. It includes essential details such as the identity of both transferor and transferee, share specifications, declarations regarding the gift nature of the transfer, and necessary warranties. The form may require additional corporate approvals depending on the company's articles and by-laws, and must be properly executed to ensure a valid transfer of share ownership.
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1. Transferor Details: Full legal name, address, and contact information of the person gifting the shares
2. Transferee Details: Full legal name, address, and contact information of the person receiving the shares
3. Share Details: Specific details of the shares being transferred including company name, share class, certificate numbers, and number of shares
4. Consideration: Statement confirming the transfer is being made as a gift for nil consideration
5. Declaration of Transfer: Formal declaration of the transfer of ownership from transferor to transferee
6. Transferor's Warranties: Warranties that the transferor has the right to transfer the shares and that they are free from encumbrances
7. Execution Block: Space for signatures, dates, and witness details
1. Corporate Authorization: Required if the corporation's articles or bylaws require board approval for share transfers
2. Spousal Consent: Required if the shares are matrimonial property in relevant provinces
3. Tax Elections: Optional section referring to any tax elections being made in connection with the gift
4. Power of Attorney: Required if the transfer is being executed by an attorney on behalf of the transferor
5. Share Transfer Restrictions: Required if there are any applicable shareholders' agreements or corporate restrictions on transfer
1. Share Certificate Details: Copy or details of the share certificates being transferred
2. Corporate Resolution: If required, copy of board resolution approving the transfer
3. Tax Election Forms: Copies of any related tax election forms (e.g., T2057 if applicable)
4. Identity Verification: Copies of government-issued ID for anti-money laundering compliance
5. Share Register Extract: Copy of relevant pages from the company's share register showing current ownership
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