Form BEN-2 is filed to declare significant beneficial ownership under Section 90 of the Companies Act, 2013. The checklist for filing includes the Corporate Identification Number (CIN) of the company and the purpose of filing, such as declaring a holding company or significant beneficial ownership. The form requires details of the member and the manner in which the beneficial interest is held, either directly or indirectly. Information regarding the member, such as their type, CIN/LLPIN, address, email ID, and date of registration, must also be provided. It should be noted whether the individual (SBO) holds a majority stake in either the member or the ultimate holding company. Additional information is needed if the SBO is a partner or holds a majority stake in the corporate partner or holding company. The details of the SBO, such as ID, personal information, address, PAN, and the date of acquiring beneficial interest, must also be included. The declaration must specify if the SBO has any direct rights in the reporting company, including shares, voting rights, dividend rights, or control, with attached supporting documents if necessary. Attachments, including mandatory declarations under Section 90, are required. The filing must be authorized by a board resolution, and digital signatures (DSC) of both a director and a practicing company secretary (CS) are needed to complete the submission.
CHECKLIST FOR FORM BEN-2
Document Required
1. CIN of company
2. Purpose of filing the form-
(a) For declaration of holding reporting company
(b) For declaration of Significant Beneficial Ownership under Section 90
(c) For change in Significant Beneficial Ownership under Section 90
3. Details of the Member and Manner in which significant beneficial interest is being held or exercised either indirectly or together with any direct holding or right.
4. Particulars of the Member –
(a) Type of Member
(b) CIN / FCRN/ LLPIN of the Member
(c) Name of the Member, Address and Email ID of the Member
(d) Date of entry of name in register u/s 88
5. Whether individual (SBO) has majority stake in the –
(a) Member of the Reporting Company
(b) Ultimate Holding Company of the member of the reporting company – CIN required
6. Whether the individual (SBO):
(a) Is a Partner of the member
(b) Holds majority stake in the body corporate partner
(c) Holds majority stake in the ultimate holding company of the body corporate partner
7. Particulars of the Significant Beneficial Owner -This section shall be enabled only once for each SBO.
(a) ID of the Significant Beneficial Owner
(b) Name, Father’s name, Date of Birth, Nationality, Whether Citizen of India
(c) Income Tax PAN
(d) Address of SBO, e mail id
(e) Date of acquiring Significant Beneficial Interest
(f) Date of declarations under sub-section (1) of section 90
(g) Date of receipt of the declaration by the company
(h) Whether Significant Beneficial Owner has any direct holding or right in the reporting company – If yes, enter details
(a) % By virtue of shares
(b) %By virtue of voting rights in shares
(c) % By virtue of rights on distributable dividend or any other distribution
(d) % By virtue of exercise of control (attach copy of agreement)
Attachments:- Declaration under Section 90 –Mandatory always
8. Any other information can be provided as an optional attachment(s).
9. Date of board resolution authorizing the signatory to sign, give declaration and submit the e-form.
10. DSC of Both Director and practicing CS required.
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