How is the valuation of shares for inheritance carried out, and why is it necessary? How shares are valued upon inheritance

What is this promotion

Shares are recognized as documents confirming the rights of their owners in the management of a particular company. They constitute the authorized capital of the company.

The relationship between the number of such acts belonging to a particular entity and their share in the total authorized capital confirms the weight of its vote in making decisions important for the functioning of the company. According to the number of these deposits, the size of dividends, the amount of money due to the shareholder, is calculated. When a company is liquidated, its property is divided in proportion to the number of certificates belonging to a particular entity.

Share Valuation Services

Our company provides a full range of services for assessing the value of shares.

We work in Moscow, but our employees can travel to any region of the Russian Federation to conduct assessments. For all questions regarding the valuation of shares of enterprises in the regions, please contact our specialists by phone +7 (495) 7268674

Who has the right to inherit shares

Documents are inherited according to the will left. If specific information is not available, a number of actions are taken:

seek help from a notary involved in inheritance matters (there may be a need to confirm kinship through the court);
holders are identified by contacting a special register;
submit a request with the help of a notary responsible for conducting the inheritance case (the document is sent to the registrar established by law);
obtain information about register entries (it confirms or denies the presence of shares in the testator).

How are shares inherited after the owner's death? One or more successors may apply. The basis for receiving such property as an inheritance is the law or the will of its original owner.

How is shares assessed for inheritance in Moscow?

A procedure such as the valuation of shares for inheritance in Moscow must be implemented on the day the will is opened and information on it is announced. The cost of a law firm's offering varies depending on the format of the securities, their volume, and other factors.

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Carrying out stock valuation

Before receiving these documents by inheritance, it is necessary to pay the state fee. Its value is calculated based on the cost of the day of opening the inheritance case.

If the inheritance is received by close relatives of the testator (father, mother, husband, wife, children), the duty rate is 0.3%. The remaining heirs must pay 0.6% to the treasury (outside the grounds for receiving an inheritance).

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Determining the value of shares is carried out by an appraiser who has a license for this type of activity. An appraisal report drawn up in accordance with all the rules is the basis for confirming the market value of securities.

Important! There is no information in the law about the obligation to conduct such an assessment in order to calculate the duty paid to the state.

If a person has already received the right to an inheritance consisting of shares, he knows the market value of the securities. To do this, they use the help of an appraisal company and go to the stock exchange. There you can order a certificate indicating the sale prices, timed to coincide with the date of receipt of the inheritance.

If the company is non-public, an appraiser is not required by law, as confirmed by Part 1 of Article 333.25 of the Tax Code of the Russian Federation.

This report is necessary when establishing a trust management necessary for the division of inherited property, or if the heirs desire to divide the property on other grounds.

Important! If the heirs do not agree with the valuation received, they carry out the procedure with the help of another company, or challenge it in court (this option is necessary if the amount of the state duty depends on the value of the valuation of the shares).

Why do you need a stock valuation to enter into an inheritance in Moscow?

The most common objects of inheritance are movable and immovable property, in some cases financial savings and other assets. However, if the testator is a co-owner of the business, he can often transfer securities in his will. Any inheritance objects must be formalized in accordance with the legislative procedure, within the time frame that is also specified in the law - no later than six months after death. Valuation of shares for inheritance in Moscow is required in order to comply with the presented procedure and receive securities at disposal.

In order to evaluate shares for inheritance in Moscow, contact the independent experts of the MIP company. You will receive a detailed report that will fully comply with the law. Only if you contact a reliable organization, the report will be accepted to calculate the amount of the state duty, in accordance with Article 333 of the Tax Code of the Russian Federation. Valuation of shares for inheritance in Moscow is carried out within three days, depending on the complexity and volume of work (can be carried out urgently).

Procedure for inheriting shares

Inheritance of shares by law occurs in accordance with the established procedure. You can verify the availability of documents from the testator by obtaining an extract from the relevant register. It is important to promptly notify the registrar of the death of a shareholder.

If the owner of the securities had a wife/husband, the latter receives the right to an inheritance share, if there are grounds established by law for their relationship to joint property. If the spouses shared similar values during their lifetime, as reflected by a court decision, a marriage contract, or a special agreement, then the papers will belong to one of them.

Whether to inherit or not is not a choice for the spouse who received the deceased’s share. The inheritance case does not involve the transfer of this part to another subject. The immediate heir has this opportunity after he receives inheritance rights. It is also possible to pay compensation reflected in the agreement on the division of inheritance. How to re-register shares by inheritance is clarified with a notary.

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If a person has already received a certificate giving him the right to inherited property, he turns to the registrar regarding the issue of their re-registration.

This procedure is carried out as follows:

the heir prepares a package of documents (for registration step by step), a statement is written;
transfers them to the registrar (through a notarized power of attorney through another person);
the responsible person begins the process of re-registration of shares, closes one account, opens another and transfers the securities ready for receipt there.

Problems with inheriting shares

The transfer of shares by inheritance has some pitfalls due to the fact that the legislation pays too little attention to this issue. Not all aspects relevant to inheritance have been taken into account.

Lawyers are inclined to believe that in the absence of heirs or their refusal to accept assets, the formation of an escheat inheritance . In the case of shares, this principle is very unsuccessful, because participation in a joint stock company is burdensome and unprofitable for the state. It would be much more correct to establish a norm by which shares are transferred to the company’s balance sheet and then sold.

If on the day of the testator’s death the shares were not fully redeemed by him, they are returned to the company . It would be more logical to give the legal successors the right to pay the balance of the amount and redeem the papers.

Shares often have a non-documentary form, although the heir must confirm the testator's right to them. Lengthy correspondence often ensues between the successor and the register of shareholders, which delays the period of entry into rights.

Another problem is the emergence of fractional shares . They cannot be avoided in the presence of obligatory heirs, whose shares cannot be reduced in order to prevent fragmentation. But the other successors do not agree to prevent it by reducing their shares. Owners of fractional shares cannot participate in the management of the JSC.

Difficulties arise when attempting to market valuation of shares at the request of a notary: it is difficult if the securities are not included in the auction. Due to delays and the inability to formalize inheritance rights, successors have to go to court.

Only shares owned by the testator at the time of his death . That is, if, after opening the inheritance, the joint-stock company made a conversion and instead of 20 securities, 30 were formed, the heirs will receive only 20 of them.

Required documents

Securities that belonged to a person are inherited after the death of the owner; to receive them, the heir turns to a notary.

He writes a statement of the established form and attaches documents to it:

death certificate of the owner;
documents confirming the testator's rights to the papers;
assessment of the market value of shares.

To confirm the right to inherit property, a person turns to the head of the joint-stock company to provide him with an extract from the register. If the document cannot be provided, the heir receives information in the Unified State Register of Legal Entities.

After carrying out the procedure for evaluating the securities, the notary carries out the correct conversion of the securities received under the will into cash.

When the notary carries out all the checks, the citizen is issued a certificate confirming the fact of his entry into the inheritance. The document is submitted to the registration control authorities to create a corresponding entry in the register. Only after completing all the above actions, the subject is considered the full owner of the securities, having the right to dispose of them at his own discretion.

Grade

This activity is carried out by specialized firms that evaluate securities. These can be stocks, bonds, investment shares. These services, in addition to private companies, are provided by banks. The cost of the service, on average, ranges from 5,000 rubles, and in terms of time it takes from one to three days, excluding weekends.

In order to order the service, appraisers need the following documents from potential heirs:

death certificate;
your passports;
a certificate obtained from the unified register of shareholders (you need to know the exact number of shares) owned by the deceased person.

Before contacting any company, you need to read reviews about it and find out what methods its employees use when evaluating securities. The calculation methods are as follows:

profitable (the company analyzes the demand for shares);
expensive (cost of a package of securities);
comparative (comparison of the cost of the package with a similar investment portfolio).

In the process of receiving an inheritance, determining the value of shares is a fairly formal process. But the heirs do not need to carry out any activities with the shares. For example, assessing the market.

The assessment is carried out on the date when the inheritance opens. This is the date following the day of death of the testator.

Shares under a will: valuation for a notary

Shares can be inherited by law or by will.
In the first case, they go to the relatives of the testator (taking into account the principle of priority, when the right to inheritance passes to the heirs of the second stage only in the absence of the first, etc.), in the second - to any person specified in the will of the deceased. The testamentary procedure for the distribution of property takes precedence over the legal one. This means that if there is a valid will, the shares are distributed in the order specified in the last will.

Regardless of the order of inheritance, a mandatory step is to go through the stock valuation procedure. It is required for the subsequent calculation of the state duty for issuing a certificate of inheritance. The amount of state duty is calculated as follows:

0.3% of the value of shares for immediate relatives (parents, children, spouses, brothers and sisters), but not more than 100 thousand rubles;
0.6% – for other heirs , but not more than 1 million rubles.

Valuation of shares for inheritance purposes can only be carried out by an independent valuation company that is authorized to provide this type of service. The heir himself has the right to carry out an independent analysis, but his conclusions cannot be the basis for calculating the state duty.

The heir has the right to order a report on the valuation of shares from any appraisal company that is a member of the SRO of appraisers (today the licensing of appraisal activities has been abolished). The notary has no right to influence the choice of an appraisal company by the heir.

The heir should focus not only on the pricing policy of the selected company, but also on its experience and reputation in the market. Otherwise, there is a high risk of delaying deadlines or providing false data.

Valuation of shares during inheritance under a will includes the following stages:

Conclusion of an agreement for the provision of appraisal services.
Determining the number of shares and the optimal valuation method depending on the quote of securities on the stock market.
Preparation of a written assessment agreement , its certification and transfer to the customer.