A Board Resolution To Transfer Shares is a crucial corporate document required under Malaysian law whenever shares are transferred between parties in a company. It demonstrates compliance with the Companies Act 2016 and corporate governance requirements, serving as evidence that the transfer has been properly authorized by the company's board of directors. The resolution includes essential information such as the identities of the transferor and transferee, the number and class of shares being transferred, the consideration paid, and any conditions attached to the transfer. This document is particularly important for maintaining proper corporate records, ensuring legal compliance, and protecting the interests of all stakeholders involved. It must be properly executed and maintained as part of the company's statutory records, with copies often required for submission to regulatory bodies or financial institutions.
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1. Title and Company Details: Full legal name of the company, company registration number, and registered address
2. Date and Venue: Date, time, and location of the board meeting where the resolution was passed
3. Attendance: List of directors present and absent, confirmation of quorum
4. Chairperson: Identity of the person chairing the meeting
5. Background: Brief context about the proposed share transfer, including reference to any relevant correspondence or agreements
6. Share Transfer Details: Specific details of the transfer including number of shares, share class, transfer price, names of transferor and transferee
7. Board's Approval: Formal statement of the board's approval of the share transfer
8. Authorization: Authorization for specific officers to execute necessary documents and take required actions
9. Closing: Standard closing statement confirming the resolution was duly passed
10. Signatures: Space for signatures of the Chairperson and/or Company Secretary
1. Pre-emptive Rights Waiver: Required when existing shareholders have pre-emptive rights that need to be waived
2. Regulatory Compliance Statement: For public companies or when specific regulatory requirements need to be addressed
3. Foreign Ownership Declaration: Required when shares are being transferred to foreign entities or individuals
4. Share Transfer Conditions: Any specific conditions that must be met before the transfer can be completed
5. Related Party Transaction Disclosure: Required when the transfer involves related parties as defined under the Companies Act
6. Multiple Share Classes: Additional details required when transfer involves different classes of shares
1. Share Transfer Form: The official share transfer form (Form 32A or equivalent) to be approved
2. Share Certificate: Copy of the existing share certificate(s) to be transferred
3. Transferor/Transferee Details: Detailed information about the transferor and transferee, including KYC documents
4. Valuation Report: If applicable, independent valuation report for the shares being transferred
5. Register of Members Extract: Current extract showing the shareholding structure before the transfer
6. Supporting Documents: Any relevant agreements, correspondence, or other documents referenced in the resolution
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Healthcare
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Energy
Transportation
Construction
Agriculture
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Relevant Teams
Legal
Corporate Secretarial
Compliance
Corporate Governance
Board of Directors
Executive Management
Finance
Administrative
Risk Management
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Relevant Roles
Company Secretary
Corporate Lawyer
Legal Counsel
Board Director
Chief Executive Officer
Chief Financial Officer
Managing Director
Compliance Officer
Corporate Governance Officer
Legal Manager
Share Registrar
Company Director
Board Chairman
Corporate Services Manager
Legal Administrator
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