Q&As

Will a stock transfer form executed as a deed, but without a witness, still be valid?

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Published on LexisPSL on 10/01/2019

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • Will a stock transfer form executed as a deed, but without a witness, still be valid?

Will a stock transfer form executed as a deed, but without a witness, still be valid?

The method of execution required in relation to a stock transfer form is governed by the Stock Transfer Act 1963 (STA 1963). This states that registered securities may be transferred by an instrument (in the form of a stock transfer form) entered into under hand (STA 1963, s 1(1)) and it need not be attested (STA 1963, s 1(2)).

Although STA 1963 does not require that a stock transfer form be executed as a deed, this is subject to ‘any enactment or rule of law regulating the execution of documents by companies or other bodies corporate, or any articles of association or other instrument regulating the execution of documents by a particular company or body corporate’ (STA 1963, s 2(1)). Therefore, it may be necessary for a stock transfer form to be executed as a deed by a company if this is required by other provisions regulating the execution of documents and such provisions may be found in:

  1. the articles of association of the company whose shares are being transferred

  2. the articles of

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