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 Alex16

link 21.02.2012 10:44 
Subject: submit the share transfers law
Question:
Do I understand correctly that nonpayment of shares does not affect their transferability? If there are forfeiture provisions, is good faith buyer of shares somehow protected in this case (or it has to pay out the company in order to avoid forfeiture and then recover from whom it bought the shares)? If there are no forfeiture provisions, shall the company recover from the current owner of the shares (who can be a good faith purchaser) or from whom they were originally issued and who did not pay them in full.
Is it generally common in BVI that there are companies with unpaid shares and how normally companies deal with this? If the company is not doing anything itself can someone bring action for payment (e.g., creditors of the company)?

Answer:

Non payment of the shares does not affect their transferability per se, but when the purchasers submit the share transfers and old share certificates to the board of directors to approve the transfer, unless the share transfers contain a counter signature whereby the purchaser agrees to accept the outstanding liability (unpaid sum), why would the directors approve their transfer and enter the transferees into the share register which is prima facie proof of ownership?
Afraid a "good faith" buyer would not take a good title. As you mention, it would have to pay the company and seek to recover from the seller under breach of contract.

заявления о передаче акций?

Мне кажется, о договорах речь.

 

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