Stock Transfer Act, 1963
What is this act about?
This law, the Stock Transfer Act, 1963, aims to change the rules for how securities are transferred, making the process simpler. It introduces new forms and procedures for transferring ownership of stocks and other financial assets.
Who it applies to: Individuals or entities transferring registered securities; Members of stock exchanges involved in stock exchange transactions.
At a glance
- Country
- Ireland
- Area of law
- Procedural law
- Articles
- 7
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The use of simplified forms for transferring registered securities.
- The requirements for executing these simplified transfer forms.
- The prohibition of circulating "blank transfers" (transfers where the new owner's name is missing).
- The power of the Minister for Finance to amend the prescribed transfer forms.
Who does this act apply to?
- Individuals or entities transferring registered securities.
- Members of stock exchanges involved in stock exchange transactions.
What are the key points?
- Registered securities can be transferred using a "stock transfer" form, signed only by the seller, which must include the buyer's full name and address.
- For stock exchange transactions, the details of the buyer and consideration can be provided separately using "brokers transfers."
- It is illegal to circulate a "transfer in blank" (a transfer form without the buyer's name) after a sale, and doing so can result in a penalty of one hundred pounds plus stamp duty.
- The Minister for Finance can change the official transfer forms by making regulations.
Procedural law
Legal text
Legal text
Stock Transfer Act, 1963 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1963 Stock Transfer Act, 1963 Stock Transfer Act, 1963 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 34 of 1963.
STOCK TRANSFER ACT, 1963.
ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Simplified transfer of securities.
Section 3
Supplementary provisions as to simplified transfer.
Section 4
Prohibition of circulation of blank transfers.
Section 5
Additional provisions as to transfer forms.
Section 6
Laying of regulations before Houses of Oireachtas.
Section 7
Short title and commencement.
FIRST SCHEDULE SECOND SCHEDULE Acts Referred to Finance (1909-10) Act, 1910 1910, c. 8 Stamp Act, 1891 1891, c. 39 Number 34 of 1963.
STOCK TRANSFER ACT, 1963.
AN ACT TO AMEND THE LAW WITH RESPECT TO THE TRANSFER OF SECURITIES. [24th December, 1963.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation· 1.—In this Act— “the Minister” means the Minister for Finance; “registered securities” means securities the holders of which are entered in a register; “securities” includes shares, stock, debentures, debenture stock, loan stock and bonds; “stock exchange transaction” means a sale and purchase of securities in which each of the parties is a member of a stock exchange acting in the ordinary course of his business as such or is acting through the agency of such a member; “stock exchange” means the Cork Stock Exchange, the Dublin Stock Exchange and any other stock exchange which is declared by the Minister by regulations to be a recognised stock exchange for the purposes of this Act.
Simplified transfer of securities.
2.—(1) Registered securities to which this section applies may be transferred by means of an instrument under hand in the form set out in the First Schedule to this Act (in this Act referred to as a stock transfer), executed by the transferor only and specifying (in addition to the particulars of the consideration, of the description and number or amount of the securities, and of the person by whom the transfer is made) the full name and address of the transferee.
Supplementary provisions as to simplified transfer.
3.—(1)
Section 2
of this Act shall have effect in relation to the transfer of any securities to which that section applies notwithstanding anything to the contrary in any enactment (including the Companies Act, 1963) or instrument relating to the transfer of those securities; but nothing in that section affects— (a) any right to refuse to register a person as the holder of any securities on any ground other than the form in which those securities purport to be transferred to him; or (b) 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 any particular company or body corporate.
Prohibition of circulation of blank transfers.
4.—(1) Where a transfer in blank relating to registered securities has been delivered, pursuant to a sale of those securities, to or to the order of the purchaser or any person acting on his behalf, any person who in the State parts with possession of that transfer, or who removes it or causes or permits it to be removed from the State, before it has been duly completed shall, as well as being liable for the stamp duty chargeable in respect of that transfer, be liable to a penalty of one hundred pounds, and the penalty shall be recoverable in the same manner as if it were part of the duty.
Additional provisions as to transfer forms.
5.—(1) References in this Act to the forms set out in the First and Second Schedules to this Act include references to forms substantially corresponding to those forms respectively.
Laying of regulations before Houses of Oireachtas.
6.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulations is passed by either such House within the next twenty-one days upon which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Short title and commencement.
7.—(1) This Act may be cited as the Stock Transfer Act, 1963.
FIRST SCHEDULE FORM (STOCK TRANSFER)
Section 2
.
The security represented by the transfer overleaf has been sold as follows:— ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ..................................... Shares/Stock ............................................................
Balance (if any) due to Selling Broker(s) ______________________ Amount of Certificate(s) Brokers Transfer Forms for above amounts certified Stamp of certifying stock Exchange Stamp of Selling Brokers(s).
SECOND SCHEDULE FORM (BROKERS TRANSFER)
Section 2
.
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