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    Query related to SBO Rule

    Posted By : SHIRITI KUMARI & ASSOCIATES / Published on : 09-Sep-2018 12:52 AM / View : 706 / Comment : 1

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    As per Companies (Significant Beneficial Owners) Rule, 2018, the ultimate natural person who holds more than 10% shares in downstream Company should file Form BEN-1 to the Company and Company will file BEN-2 with the ROC.

    The Company shall maintain a register in Form BEN-3 for these transactions.

    Query : 1) Is above applicable to a private ltd. company?

    2) If yes, then what is the due date to file BEN-2 with the ROC?

    3) What is the due date by which company should receive BEN-1?

    4) Is it applicable to Preference shares allotted on 31/07/2018?

    Q.Quertsy :
    KUMAR S E N
    Read more on : rule related query

    • 1) Yes, the rules shall be applicable despite the status of the company (PTC or PLC)

      2) In the recent circular by the MCA, the last date shall be 30th day from the e-form being deployed at the MCA portal.

      3) The company must receive the BEN 1 by today only. As per the rules, if any shareholder holding >= 10 % as beneficial interest on the commencement of the rules shall file a declaration with the target company within 90 days from such commencement, accordingly, the last date would be 11th September 2018. 

       

      4) The definition of "beneficial interest" given in u/s 89 (10) of the Companies Act 2013. The said provision defined that if any person in the position to participate in the distribution of dividend or any other benefits. Accordingly, in my view, if the preference shares in the given case give such right to the holder shall be qualified for the purposes of section 90 and also shall be bound to file a declaration in a prescribed format. 

       

      832 924 2955 || ACS Prem Munjal || www.governanceprofessional.wordpress.com 

      11-09-2018 / 07:32:42 AM
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