Ankit Ltd. is a Reporting Company, where in AFSL Ltd is holding 18% shares in reporting company.
now while checking the majority shareholding in AFSL Ltd. we found:-
Individual Holding along with PAC (through relatives) is 35% only i.e below 51%
but there is a Another company Prix ltd. holding 44% Shares in AFSL Ltd. (Note Prix Ltd is a group companies closely held by promoters of Ankit Ltd)
should we consider Indivual +PAC + PRix Ltd. holding for considering majority holding in AFSL Ltd. for considering SBO?
THROUGH THE PROVISION SAYS THAT INDIVIDUALS WHO ARE HOLDING MAJORITY SHALL BE SBO.
As per the circular from MCA ,
Significant beneficial ownership is defined as :-
"significant beneficial owner” means an individual referred to in sub-section (1) of section 90 (holding ultimate
beneficial interest of not less than ten per cent.) read with sub-section (10) of section 89, but whose name is not
entered in the register of members of a company as the holder of such shares"
Now the question is if any natural person holds 10% share of the company then he shall be regarded as beneficial owner or not?
(as the definition says SBO are those who have 10% or more interest in company and whose name is not mentioned in the register of member of the company.
ownership beneficial significant definition real
At the time of filing of DIR-3 KYC we are required to attach PAN, AADHAR, PASSPORT.
So, my question is are these documents required attestation by professional like CA/CA/CWA along with self attestation?
Please Help
respect professional attestation requires documents what is the effective date of section 90 (The section related to beneficial ownership) ?
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