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Companies (Significant Beneficial Owners) Amendment Rules, 2019
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....bsp; holding more than one-half of the equity share capital in the body corporate; or (ii) holding more than one-half of the voting rights in the body corporate; or (iii) having the right to receive or participate in more than one-half of the distributable dividend or any other distribution by the body corporate; (e) "partnership entity" means a partnership firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009); (f) "reporting company" means a company as defined in clause (20) of section 2 of the Act, required to comply with the requirements of section 90 of the Act; (g) "section" means a section of the Act; (h) "significant beneficial owner" in relation to a reporting company means an individual referred to in sub-section (1) of section 90, who acting alone or together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely:- (i) holds indirectly, or together with any direct holdings,....
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.... partnership entity; or (c) holds majority stake in the ultimate holding company of the body corporate which is a partner of the partnership entity. (iv) where the member of the reporting company is a trust (through trustee), and the individual,- (a) is a trustee in case of a discretionary trust or a charitable trust; (b) is a beneficiary in case of a specific trust; (c) is the author or settlor in case of a revocable trust. (v) where the member of the reporting company is, (a) a pooled investment vehicle; or (b) an entity controlled by the pooled investment vehicle, based in member State of the Financial Action Task Force on Money Laundering and the regulator of the securities market in such member State is a member of the International Organization of Securities Commissions, and the individual in relation to the pooled investment vehicle, (A) is a general partner; or (B) is an investment manager; or (C) is a Chief Executive Officer where the investment manager of such pooled vehicle is a body corporate or a partnership entity. Explanation IV. Where the member of a....
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....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. Explanation.- 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. Return of significant beneficial owners in shares.- Upon receipt of declaration under rule 3, the reporting company shall file a return in Form No. ....
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..... BEN-2 , Form No. BEN-3 and BEN-4 the following Forms shall be substituted, namely: - [F. No. 1/1/2018 CL-V] K.V.R. Murty, Joint Secretary Note: The principal rules were published in the Gazette of India, Part II, Extra ordinary, Section 3, Sub-section (i) vide number G.S.R. 561(E), dated the 13th June, 2018. ============= Document 1To "Form No. BEN-1 Declaration by the beneficial owner who holds or acquires significant beneficial ownership in shares [Pursuant to section 90(1) of the Companies Act, 2013 and rule 2A, 3] Name of the company: Registered office address: 1. Purpose of filing the form (choose any one) â—‹ For declaration of Significant Beneficial Ownership under Section 90 â—‹ For Change in Significant Beneficial Ownership under Section 90 ID of the Significant Beneficial Owner 2. Particulars of the holder of the significant beneficial interest: Name of the Significant Beneficial Owner (Given name and last Name) Address and Email id Date of Birth/Age Father's/ Mother's/Spouse's name Occupation Nationality Passport No. (in case of foreign national) 3 A. Nature of indirect holding or exercise of right in the reporting company through member ....
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....nce (attach copy of agreement) Date: Place: Signature of the holder of the significant beneficial interest Attachments: FORM NO. BEN-2 [Pursuant to section 90(4) of The Companies Act, 2013 and rule 4 and 8 of The Companies (Significant Beneficial Owners) Rules, 2018] Return to the Registrar in respect of declaration under section 90 Form language o English o Hindi Refer the instruction kit for filing the form. सतà¥à¤¯à¤®à¥‡à¤µ जयते 1. (a) *Corporate Identity Number (CIN) of company 2. (a) Name of the company (b) Registered Office Address (c) *email Id 3. * Purpose of filing the form For declaration of Significant Beneficial Ownership under Section 90 Number of Significant Beneficial Owners for whom the form is being filed For Change in Significant Beneficial Ownership under Section 90 8 Pre-fill ID of the Significant Beneficial Owner For declaration of holding reporting company CIN of the holding reporting company 4. (A) Number of Members through whom indirect holding or right in reporting company is being exercised (B) Details of the Member 1. * Manner in which significant beneficial interest is being held or exercised either indirec....
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....xercising significant influence (attach copy of agreement) Attachments: Attach 1. *Declaration under Section 90 Attach 2. Optional attachments, if any % List of Attachments Remove attachment Declaration To the best of my knowledge and belief, the information given in this form and attachments is correct and complete. I have been authorized by board of directors' resolution dated* | to sign and submit this form. (DD/MM/YYYY) *To be digitally signed by DSC BOX *Designation *Director identification number of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of company secretary. 11 Certificate by Practicing Professional It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and Rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. O Chartered Accountant (in whole-time practice) or O Company Secretary (in whole-time practice) O Cos....