Surrender of shares means Voluntary return of shares by a member to the company. … Surrender of shares The directors may accept a surrender of shares by way of compromise of a claim.
When a share is forfeited, the shareholder no longer owes any remaining balance and surrenders any potential capital gain on the shares, which automatically revert back to the ownership of the issuing company.
Forfeiture and surrender of shares are discrete concepts that produce entirely different results. In forfeiture, the company initiates the proceedings. In surrender, it is the shareholder who is the initiator. There is little doubt that a company has no inherent authority to forfeit shares of a delinquent shareholder.
What do you mean by forfeiture?
Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct. … The process of forfeiture often involves proceedings in a court of law.
A surrender of shares will be void if it amounts to a purchase of shares by the company or if it is accepted for the purpose of relieving a member of his liabilities. Every surrender of shares whether fully paid-up or not, involves a reduction of capital which is unlawful except when sanctioned by the court.
Subject to the terms and conditions of this Agreement, as of the date first above written, the Shareholder hereby surrender all legal right, title and interest in the Shares to the Company to be held by the Company as treasury stock. The Shareholder shall receive no consideration for the surrendered Shares.
The main reason for forfeiture is where a call payment has been requested by the company on unpaid (or partly paid) shares and the shareholder has failed to pay the amount due.
A share is forfeited when the shareholder fails to pay the subscription money called upon by the issuing company.
As we know, a company can forfeit shares on non-payment of the number of calls. The company before forfeiture must first give clear 14 days’ notice to the defaulting shareholder that he shall pay the due amount along with the interest. If not paid by the specified date, the shares shall be forfeited.
Rights share, also known as the Rights issue, is an offer given to the extant shareholders of a company to purchase additional shares. … For example, if a company offers 1:2 Rights shares, it means the shareholders can purchase one additional share for every two shares they already own in the company.
Lien of shares : A lien is the right to retain possession of a thing until a claim is satisfied. In the case of a company lien on a share means that the member would not be permitted to transfer his shares unless he pays his debt to the company.