In case of change of shareholding of the beneficial owner, is it possible to file subsequent BEN-2 of same company?
Dear members
for filing the BEN 2 relating to " change in significant beneficial interest" then whether we have to fill only the changes in the shareholding or we have to give the complete data as we had given in the BEN 2 filed originally i.e. "for declaration of Significant Beneficial Ownership under Section 90".
pls confirm.
As per sec-90 significant beneficial owner needs to give the declaration in FORM-BEN-1, who holds more than 10%. my company is a wholly owned subsidiary co. of a foreign company and there is no such individual found who holds more than 10%, in such case senior managing official has to give the declaration. so my question is senior managing official of the reporting entity or the parent co. needs to give the declaration in FORM-BEN-1? Another ques of mine is that there is no such definition of senior managing official given in the section and the rules...so who will be treated as the senior managing official?? '
Click here to view / answer Share it onPartnership Firm cannot be a Shareholder. But can it hold beneficial interest under Section 89.
Transfer of beneficial interest in equity shares of Indian company from individual shareholder to foreign corporate shareholder who hold majority shareholding and is the 99.80 % shareholder under section 89. Does this transfer need to file FCTRS form of RBI?
Hello All
I am having one Holding and its 4 Subsidiaries, For BEN-2 will be the reporting company and the shareholders of Holding Company who are having 10 or more than 10% shares they have to give ben-1 declarations to reporting company.
My query is while filing the form-BEN-2 I kept For the declaration of Significant Beneficial Ownership under Section 90
Number of Significant Beneficial Owners for whom the form is being filed -03
Details of First SBO got filled in the Form but while filing the details of Second SBO the CIN of the Holding Company is not getting filled and showing an error message of this.
If anyone knows the solution kindly share.
beneficial holder can receive dividend from the
company by virtue of the order given by the registered holder?
In case the beneficial holder and registered holder are two different people, who is entitled to receive the bonus shares /right shares (if any) declared by the company?
Click here to view / answer Share it onDear All
What should be the date in BEN 2- Date of acquiring significant beneficial Interest.
Thank in advance.
As per sec-90 significant beneficial owner needs to give the declaration in FORM-BEN-1, who holds more than 10%. my company is a wholly owned subsidiary co. of a foreign company and there is no such individual found who holds more than 10%, in such case senior managing official has to give the declaration. so my question is senior managing official of the reporting entity or the parent co. needs to give the declaration in FORM-BEN-1? Another ques of mine is that there is no such definition of senior managing official given in the section and the rules...so who will be treated as the senior managing official?? '
Click here to view / answer Share it onIf one of my individual member hold 5% shares in a company which further holds 90% stake in the other company?
Is there any requirement to file any form?
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.