New Certificates for Transferred Securities

New Certificates for Transferred Securities

It’s important to make sure all your legal bases are covered when transferring securities so you can seal the deal with confidence.

This do-it-yourself document generator helps you draft everything you need to transfer new securities; whether they’re shares, options, convertible notes, or units in a unit trust.
$ 99 incl GST
New Certificates for Transferred Securities

Trusted by

How does it work?

Our intuitive tool will guide you through the process step-by-step from start to finish. It’s quick, easy and simple to understand – just how legal documents ought to be.

The expert interview wizard will help you answer a few questions and prepare your document in the background. You’ll have your custom Transfer Forms for Transfer of Securities in 10 minutes or less.

When you’re done, print or download a PDF versions for you to review, customise or sign.

What are Transfer Forms for Transfer of Securities?

These forms allow you to prepare an instrument of transfer for each sale/purchase of securities. 

You can process up to 5 transfers in one go even where each transfer has a different buyer/seller. 

Our system also allows you to draft transfer forms relating to securities of a different type or class, for example, options, convertible notes, units in a unit trust, etc.

When should I use these Transfer Forms for Transfer of Securities?

These transfer forms should be used if your company would like to fully document the transfer of shares, options, notes, or units to investors.

It is a legal requirement to prepare proper certificates for holdings of securities. Each share in a company must be given a distinctive number, unless all of the issued shares of the same class are fully paid up and rank equally, or all of the issued shares in the company are certificated, and each certificate is given a distinctive certificate number.

Typically, companies choose to represent each parcel of shares with a certificate that has a distinctive certificate number.

What topics does the Transfer Forms for Transfer of Securities cover?

  • Application form for the shares
  • Type, number and price of shares/ options/ notes/ units being offered
  • Subscription price 
  • Transferee details
  • Purchaser details
  • Details of Transfer
  • Company details
  • Important notices
  • Governing law and jurisdiction

What are the main decisions I need to make in creating a Transfer form for transfer of securities ?

  • What type and class of securities are being issued?
  • How many shares would you like to issue? 

This represents the total number of shares, in each class, issued by your company. The number of shares your company issues represents your company’s capital. The number and price of these shares will depend on how much capital is needed by your company. If you are unsure about the amount of capital your company needs, please contact us directly.

What other names does Transfer Forms for Transfer of Securities go by?

  • Securities transfer form
  • Share transfer form
  • Stock transfer form
  • Australian Standard Transfer Form

Securities includes shares (including ordinary shares, preference shares, and different classes of shares), options and units in a unit trust.

Frequently Asked Questions

The parties involved are the company (acting through its directors), and the prospective investors (share/option/note/unitholder).

Generally, you need this form when transferring securities issued by your company from one security holder to another.

This records the allocation of securities and the price paid for them, and it’s important for outlining the ownership of the business.

No, it doesn’t. Disclosure is a separate question.  

This form is for recording and documenting a transaction which already complies with the Corporations Act.   

If you need advice on disclosure requirements, please contact us.

  • Type, number and price of security being offered
  • Subscription price 
  • Transferee details
  • Purchaser details
  • Details of Transfer
  • Company details
  • Important notices
  • Governing law and jurisdiction

There are several signing options available. How you sign largely depends on where the parties are located and if they will attend signing together. You can print on paper and sign, or use electronic signature tools such as Docusign or Hellosign.

The issued and allotments approved will need to be recorded in the books of the company. 

Under the Corporations Act 2001 (Cth), the company is required to keep a detailed register of shareholders, holders of options over unissued shares in the company, and debenture holders.

Any issue and allotment of shares approved pursuant to these resolutions must be notified to the Australian Securities and Investments Commission (ASIC) website within 28 days of the date on which the issue and allotment is registered in the books of the company.

Chapter 6D of the Corporations Act provides that an offer of securities requires formal disclosure to the prospective investors (e.g., by way of a prospectus or offer information statement) unless certain exemptions apply.  

The exemptions most commonly relied upon are those for “small scale offerings” and offers to “sophisticated” or “professional” investors.

Section 708 of the Corporations Act contains the exemptions.  Exemptions commonly relied upon are those for “small scale offerings” and offers to “sophisticated” and/or “professional” investors.  

Failure to comply with these requirements can have serious consequences. If you need help complying with disclosure requirements, please contact us for legal advice.

Stamp duty may be payable in respect of this transfer of securities. In some cases, an exemption from the payment of stamp duty may apply (e.g., some corporate reorganisations). Stamp duty laws vary from state to state.

Transfers of securities in an entity that holds an interest in Australian land may be subject to landholder/land rich duty under state-based legislation.  

The law in this area is complex and varies from state to state.

If you need any assistance please contact us directly, we would be happy to assist.

If you have any questions or are uncertain about any aspect of the document please do not sign it or use it, please contact us directly and we would be happy to assist.

New Certificates for Transferred Securities - You've got this!
  • Expertly crafted legal documents customised to your specific circumstances in less than 10 minutes
  • Download and print a PDF versions instantly
  • No need to speak with a lawyer – you’ve got this!
$ 99 incl GST

You've got this!

Create your own customized document now. No lawyer needed!

Not quite right? Looking for something else?

What other documents might I need?

  • Company Constitution
    It sets out certain rights, roles and responsibilities of shareholders and directors and the rules governing internal management of the company.  It can be used to provide for different rights to security holders such as the right to vote in company decisions or the right to receive a dividend.
  • Shareholders Agreement
    This agreement is vital as it sets out the details of the powers, obligations and responsibilities that the company and shareholders owe to each other.

Read these articles or reach out to us for advice using the contact form below

Need lawyer-prepared documents instead?

We've got this! Get in touch now

Get documents tailored to YOUR business, not nobody's business

 

Biztech Lawyer’s ‘done for you’ service will help you create a document that is truly tailored to your business’ circumstances, risk appetite and commercial needs.

This might involve a small extra expense. But from experience, there’s a false economy in documents that don’t do what you want them to do, when you want them to do it.

Let our expert commercial lawyers get it done for you.

The Biztech Lawyers difference

We will truly grasp the complexities and needs of your tech-driven business unlike any other legal partner…

  • Documents prepared by expert Australian lawyers with 10+ years legal experience
  • Includes initial discussion, drafting and one round of changes
  • No charge for initial scoping discussion
  • Turned around in 24-48 hours

We are business and technology lawyers who assist businesses with all their commercial legal needs.

WE GET YOU

We will truly grasp the complexities and needs of your tech-driven business unlike any other legal partner…

We have deep practical experience across top-tier law and strategy consulting, and we’ve also held operational xand leadership roles in scaling some of the most exciting start-ups to come out of Australia and conquer the world.

WE’VE BEEN THERE

We will get your deal done the way you want: commercially, strategically, and cost effectively…

We thrive in high-growth environments. We’re nimble, agile, and responsive. We know boot strapped, keep things lean, and offer billing solutions to suit you.

WE’RE WITH YOU

We will focus on your growth to reach new heights — as your decision making partner, problem solving workhorse and operations specialist — to transform legal in your business.

We have a unique legal and operations skill set, drawing on a network of specialist lawyers and tech partners across the world to support you through every stage of development.

Lawyer-prepared docs — the process from here

We’ve helped draft thousands of agreements for businesses just like yours.

Arrange a call for a time that suits

Connect with us using the form above or call to talk with one of our experienced commercial lawyers. This step is free. There is no charge for discussing your plans with us. We love talking with inspiring business people!

We get to work

We produce the document and submit it to you for review, comment or approval.

You review and approve

You review and provide your feedback on the draft. You let us know what you'd like amended to suit your commercial objectives, risk appetite or other business circumstances.

It's ready to go!

We produce a final ready-to-use document. You can follow up with us at any time with questions or comments.