Pratik Kumar Tripathi
Compliance for intimation of Beneficial Interest of Shareholder to ROC
As per Companies Act 1956,
As per The Companies (Declaration of Beneficial Interest in Shares) Rules, 1975, following rules are to be followed:-
1. The declaration required to be made by a person whose name is entered in the Register of Members as a holder but he is not the beneficial owner within thirty days after his name is entered in the register of members of a company as the holder of a share in that company, to the company in Form I in duplicate.
Form Applicable:- Form I (in duplicates)
2. The declarations required to be made by a person who holds a beneficial interest in the shares of a company under sub-section (2) or sub-section (3) of section 187-C shall be made to the company in Form II in duplicate within thirty days.
Form Applicable:- Form II (in duplicates)
3. The return required to be filed by the company with the Registrar under sub-section (4) of section 187-C shall be in E-Form 22B and shall be accompanied by a copy each of all the declarations made to the company under sub-rules (1) and (2) within thirty days after the receipt of Form I and Form II.
Form Applicable:- e-Form 22B accompanied with Form I and Form II.
4. Resolution and date of such board resolution authorizing the director to file the E-Form 22B.
As per Companies Act 2013,
As per the companies Act 2013, section 89 layovers the requirement that are to be adhered wherein the name of the person entered into the registers of members of the company does not hold beneficial interest in such shares. The same details for the same are stated hereunder:
1. As per Sec 89(1), where the name of a person is entered in the register of members of a company as the holder of shares in that company but who does not hold the beneficial interest in such shares, such person shall make a declaration within a period of thirty days and in such form as may be prescribed to the company specifying the name and other particulars of the person who holds the beneficial interest in such shares.
Form Applicable:- MGT – 4
2. As per Sec 89(2), every person who holds or acquires a beneficial interest in share of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed within a period of thirty days.
Form Applicable:- MGT – 5
3. As per Sec 89(3),where any change occurs in the beneficial interest in such shares, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed within a period of thirty days.
Form Applicable:- MGT – 5
4. The company in turn has to inform the Registrar of the companies about such beneficial interest after the receipt of aforementioned forms within a period of 30 days from date of receipt of such forms.
Form Applicable:- MGT – 6
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