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Limited Liability Partnership (Significant Beneficial Owners) Rules, 2023.

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....ontrol the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their contribution or management rights or limited liability partnership agreements or other agreements or in any other manner; (d) "fees" means the fees as specified in the Limited Liability Partnership Rules, 2009; (e) "Form" or "e-form" means a form set forth in the Annexure to these rules; (f) "majority stake" means;- (i) holding more than one-half of the equity share capital in the body corporate; or (ii) holding more than one-half of the contribution in a partnership entity; or (iii) holding more than one-half of the voting rights in the body corporate; or (iv) having the right to receive or participate in more than one-half of the distributable dividend or distributable profits or any other distribution by the body corporate including a partnership entity as the case may be; (g) "notification" means the notification number G.S.R. 110 (E), dated the 11th February, 2022; (h) "partnership entity" means a partnership firm registered under the ....

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.... Explanation IIl.- For the purpose of this clause, an individual shall be considered to hold a right or entitlement indirectly in the reporting limited liability partnership, if he satisfies any of the following criteria, in respect of a partner of the reporting limited liability partnership, namely: - (i) where the partner of the reporting limited liability partnership is a body corporate (whether incorporated or registered in India or abroad) other than a limited liability partnership. and the individual,- (a) holds majority stake in that partner; or (b) holds majority stake in the ultimate holding company (whether incorporated or registered in India or abroad) of that partner; (ii) where the partner of the reporting limited liability partnership is a Hindu undivided family (through karta), and the individual is the karta of the Hindu undivided family; (iii) where the partner of the reporting limited liability partnership is a partnership entity (through itself or a partner), and the individual, (a) is a partner; or (b) holds majority stake in the body corporate which is a partner of the partnership entity; or ....

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....any" is a holding company as defined under clause (46) of section 2 of the Companies Act, 2013, which is not a subsidiary of any other body corporate. (2). The words and expressions used in these rules but not defined shall have the meaning respectively assigned to them in the Limited Liability Partnership Act, 2008 (6 of 2009). 4. Duty of the reporting limited liability partnership.- (l) Every reporting limited liability partnership shall take necessary steps to find out if there is any individual who is a significant beneficial owner, in relation to that reporting limited liability partnership, and if so, identify him and cause such individual to make a declaration in Form No. LLP BEN-1. (2) Without prejudice to sub-rule (l), every reporting limited liability partnership shall in all cases where its partner (other than an individual), holds not less than ten per cent. of its- (a) contribution; or (b) voting rights; or (c) right to receive or participate in the distributable profits or any other distribution payable in a financial Year,- give notice to such partner in Form No. LLP BEN-4, seeking information in accordance with sub-sectio....

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....ion 90 as applied to the limited liability partnership by the notification. 9. Application to the Tribunal.- The reporting limited liability partnership shall apply to the Tribunal, (i) where any person fails to give the information required by the notice in Form No. LLP BEN-4, within the time specified therein; or (ii) where the information given is not satisfactory, under sub-section (7) of section 90 of Companies Act, 2013 for order directing that the contribution in question be subject to such restrictions as Tribunal deems fit, including- (a) restrictions on the transfer of interest attached to the contribution in question: (b) suspension of the right to receive profits or any other distribution in relation to the contribution in question; (c) suspension of voting rights in relation to the contribution in question; (d) any other restriction on all or any of the rights attached with the contribution in question. 10. Non-applicability.- These rules shall not apply to the extent the contribution of the reporting limited liability partnership is held by.- (a) the Central Government, State Government or any local authority....

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....ust/Revocable Trust /Pooled Investment vehicle (PIV) / Entity controlled by PIV): b. Corporate Identity number (CIN) or Limited Liability Partnership Identification number (LLPIN) or any other registration number allotted by the regulator established under the Act: c. Name of Partner: d. Address: Line I  ............................................................................................ Line Il  ..............................................................................................  City .............................                      State  ..............  Country..........................                 Pin code.................   e. Nature of indirect holding or exercise of right in the reporting LLP* By virtue of Contribution %    By virtue of voting rights in contribution % By virtue of rights in distributable profits or any other distribution % By virtue of exercise of control (attach ....

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....ss: Sl. No. Name of the Beneficial Owner Address and Email id Date of Birth/Age Father's/Mother's/ Spouse's name (1) (2) (3) (4) (5) Occupation Nationality PAN/Unique Identification Number Passport No (in case of foreign national) Status (6) (7) (8) (9) (10) Date of declaration under Section 90 of the Companies Act, 2013 and Rule 4 and 5 of the Limited Liability Partnership  (Significant Beneficial Owners) Rules, 2023 Date of cessation Date of entry in Register Date of filing of LLP BEN- 2(SRN wise) Any other interest, if any (11)         Instructions, if any, given by the partner           Form No. LLP BEN-4 [Pursuant to section 90(5) of the Companies Act, 2013 and Rule 4, 8 and 9 of the Limited Liability Partnership (Significant Beneficial Owners) ....

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....further notice as per the provisions of the Act. Name & signature (Person authorized to issue notice)   ============= Document 1 Form No. LLP BEN-2 Return to the Registrar in respect of declaration under section 90 [Pursuant to section 90(4) of The Companies Act, 2013 and rule 6 The Limited Liability Partnership(Significant Beneficial Owners) Rules, 2023] भारत सरकार Refer instruction kit for filing the form All fields marked in * are mandatory Form language English Hindi Limited Liability Partnership Information 1 *Limited Liability Partnership Identification Number (LLPIN) of LLP 2(a) *Name of the Limited Liability Partnership (b) *Registered office address (c) *email id 3 *Purpose of filing the form ☐ For declaration of holding reporting LLP under Section 90 of the Companies Act, 2013 For declaration of Significant Beneficial Ownership ☐ For change in particulars of existing Significant Beneficial ☐ For removal of existing Significant Beneficial Ownership under Section 90 of the Companies Act, 2013 Ownership under Section 90....

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....ict (viii) State/UT (e) Email ID of the Partner (f) Date of entry of name in register under Rule 22A of the Limited Liability Partnership Rules, 2009 (DD/MM/YYYY) 6C Other details of the Partners (a) Status of the SBO (Individual/partner/karta/trustee/protector/director of trustee/director of Protector/beneficiary/settlor/general partner/investment partner/ CEO of PIV/ individual acting together/head of states) (b) Whether individual (SBO) has majority stake in the (partner of the Reporting LLP/Ultimate Holding Company of the partner of the reporting LLP) (c) Corporate Identity number (CIN) or LLPIN or Foreign Company Registration Number (FCRN) or Foreign Limited Liability Partnership Identification (FLLPIN) or any other registration number (d) Name of the ultimate holding company (e) Whether the individual (SBO): (is a partner of the Body corporate/ holds majority stake in the body corporate partner/ holds majority stake in the ultimate holding company of the body corporate partner) (f) Corporate Identity number (CIN) or Foreign Company Registration Number (FCRN) or Foreign Limited Liability Partnership Identification ....

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....cial Owners for whom particulars are to be changed Significant Beneficial Owner SBO1 SBO2... Number of Partners through whom indirect holding or right in reporting LLP is being exercised 6 Details and particulars of Partners 6A Manner in which significant beneficial interest is being held or exercised either indirectly or together with any direct holding or right (select one or more as may be applicable) ☐ By virtue of contribution ☐ By virtue of voting rights in contribution ☐ By virtue of rights on distributable profits or any other distribution By virtue of exercise of control (attach copy of agreement) % % % Copy of Agreement Max 2 MB Choose File Remove Downloa By virtue of exercise of significant influence (attach copy of agreement) Copy of Agreement Max2 MB Choose File Remove Download 6B Particulars of the Partners (a) Type of Partner (Company/Foreign Company/Limited Liability Partnership (LLP)/ Any other Body Corporate/ Hindu Undivided Family (HUF)/ Partnership Firm/ Discretionary Trust/ Charitable Trust/ Specific Trust/Revocable Trust/ Pooled Investment vehicle (PIV)/....

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....gnificant Beneficial Owner (i) Address Line 1 (ii) Address Line 2 (iii) Country (iv) Pin Code/Zip code (v) Area/Locality (vi) City (vii) District (viii) State/UT (ix) Email ID of the Significant Beneficial Owner (h)(i) Date of acquiring Significant Beneficial Interest (DD/MM/YYYY) Yes о No (iii) Date of declarations under sub-section (1) of section 90 of the Companies Act, 2013 (DD/MM/YYYY) (iii) Date of receipt of the declaration by the LLP (DD/MM/YYYY) (i) Whether Significant Beneficial Owner has any direct holding or right in the Ye reporting LLP (j) If yes, enter details below: ☐ (i) By virtue of contributions (ii) By virtue of voting rights in contributions (iii) By virtue of rights on distributable profits or any other distribution (iv) By virtue of exercise of control (attach copy of agreement) Copy of Agreement Yes ○ No % % % Max 2 MB Choose File Remo Download ☐ (v) By virtue of exercise of significant influence (attach copy of agreement) Copy of Agreement (k) Name of the Body Corporate Max 2 MB Choose File Remove Download (1) Corpor....