Here are three common types of restrictions on the transferability of shares:
1. Pre-emptive Rights
1. Right of First Refusal: Existing shareholders have the right to purchase new shares or existing shares being transferred before they are offered to outsiders.
2. Proportionate Ownership: Shareholders can only transfer their shares proportionally to other shareholders.
3. Drag-Along Rights: Majority shareholders can force minority shareholders to sell their shares if a certain percentage of shares are transferred.
2. Lock-up Agreements
1. Lock-up Period: Shareholders agree not to transfer their shares for a specified period (e.g., 1-5 years).
2. Restrictions on Transfer: Shareholders cannot transfer shares without prior approval from the company or other shareholders.
3. Penalties for Breach: Shareholders may face penalties or fines for breaching lock-up agreements.
3. Share Transfer Restrictions by Law
1. Securities and Exchange Commission of Pakistan (SECP) Regulations: SECP regulates share transfer procedures and imposes restrictions.
2. Companies Act 2017: The Companies Act 2017 imposes restrictions on share transfers, such as requiring board approval.
3. Listing Regulations: Listed companies must comply with listing regulations, which may include restrictions on share transfers.
These restrictions aim to protect the interests of shareholders, maintain control, and ensure compliance with regulatory requirements. However, it’s essential to consult with legal and financial professionals to understand specific restrictions applicable to your situation.