TIME FOR FILING RETURN OF SIGNIFICANT BENEFICIAL OWNER IN FORM BEN-2 BY THE REPORTING COMPANY
1. On the date of commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019, every individual who is a significant beneficial owner in a reporting company, shall file a declaration in Form No. BEN-1 to the reporting company within ninety days from such commencement.
2. Every individual, who subsequently becomes a significant beneficial owner or where his significant beneficial ownership undergoes any change, shall file a declaration in Form No. BEN-1 to the reporting company, within thirty days of acquiring such significant beneficial ownership or any change therein.
3. Where an individual becomes a significant beneficial owner, or where his significant beneficial ownership undergoes any change, within ninety days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019, it shall be deemed that such individual became the significant beneficial owner or any change therein happened on the date of expiry of ninety days from the date of commencement of said rules, and the period of thirty days for filing will be reckoned accordingly.
4. Upon receipt of declaration under rule 3, the reporting company shall file a return in Form No. BEN-2 with the Registrar in respect of such declaration, within a period of thirty days from the date of receipt of such declaration by it, along with the fees as prescribed in Companies (Registration offices and fees) Rules, 2014.
5. Without prejudice to the generality of the steps stated in sub-rule (1), every reporting company shall in all cases where its member (other than an individual), holds not less than ten per cent. of its;-
(a) shares, or
(b) voting rights, or
(c) right to receive or participate in the dividend or any other distribution payable in a financial year, give notice to such member, seeking information in accordance with sub-section (5) of section 90, in Form No.BEN-4.
| BEN-1 | Declaration by the significant Beneficial owner within 90 days from the date of the Companies (Significant Beneficial Owners) Amendment Rules, 2019, i.e from 1st july |
| BEN-2 | Return by the reporting company within 30 days of receipt of declaration. |
| BEN -3 | The reporting company is required to maintain register of all significant beneficial owners. |
| BEN-4 | Notice to be given by the reporting company to all the members other than individual seeking information related to the shares held. |
Disclaimer: The Article is based on the Relevant Provisions and as per the Information Existing at the time of the preparation. In no event I shall be liable for any Direct and Indirect Result from this Article. This Is only a Knowledge Sharing Initiative. The Author can be reached at vinayak.charu@gmail.com and at 6283643738.
Author Bio
