Form BEN-1


Form BEN  – 1 is a 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 and rule 3. Many readers requested its actual and understandable copy. I place it hereunder:

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 and rule 3]

 

To,

Name of the company: ____________________

Registered office address:_______________

 

1. Purpose of filing the form (choose anyone)

  • For the declaration of Significant Beneficial Ownership under Section 90:
  • For Change in Significant Beneficial Ownership under Section 90 :

ID of the Significant Beneficial Owner: (To be allotted by MCA after filing form BEN – 2 first time by reporting company, same will be used for subsequent filings, therefore leave for the first time filling)

  1. 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)  

 

  1. Nature of indirect holding or exercise of the right in the reporting company through a member of the reporting company (where more than one repeat this para 3 of the Form)

Through Member 1

(a) Type of Member (Company/ LLP/Any other Body Corporate/HUF/ Partnership Firm/Discretionary Trust/Charitable trust/Specific Trust/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 the Member:

(d) Address:

(e) Nature of indirect holding or exercise of the right in the reporting company:

* By virtue of shares

* By virtue of voting rights in shares

* By virtue of rights on distributable dividend or any other distribution

* By virtue of the exercise of control (attach a copy of the agreement)

* By virtue of the exercise of significant influence (attach a copy of the agreement)

(f) Status of significant beneficial owner in the member of the reporting company (choose anyone):

* Individual in case of a company or any other body corporate

* Partner in case of partnership firm or LLP

* Karta in case of HUF

* Trustee in case of a discretionary trust or charitable trust

* Beneficiary in case of a specific trust

* Author or settlor in case of a revocable trust

* General Partner, Investment Manager or CEO in case of pooled investment vehicle or entity controlled by a pooled investment vehicle

(g) In case the member is a partnership firm or LLP, specify whether significant beneficial owner:

* is a partner holds

* majority stake in the body corporate partner

* holds the majority stake in the ultimate holding company of the body corporate partner

(h) In case the member is a company or any other body corporate, specify whether the significant beneficial owner holds:

* majority stake in such company or body corporate

* majority stake in the ultimate holding company of such company or body corporate

(i) Whether Significant Beneficial Owner has any direct holding or right in the reporting company:

* Yes                                                                                    * No

If yes, enter details below:

*By virtue of shares                        %

* By virtue of voting rights in shares                        %

* By virtue of rights on distributable dividend or any other distribution                   %

* By virtue of the exercise of control (attach a copy of the agreement)

* By virtue of the exercise of significant influence (attach a copy of the agreement)

<<Through Member 2

Repeat Para 3 again for member 2 and so on till all member though whom the significant beneficial owner has significant beneficial ownership exhausted>>

 

Date:

Place:

Signature of the holder of the significant beneficial interest

Attachments:

1.
2.
3. etc etc

 

Please note, where the Significant Beneficial Owner is aware and cooperating, she will fill and submit the form BEN – 1 by her own. Otherwise, the secretarial department of the reporting company shall dig layers of its all non-individual members and calculate holdings of all individuals behind these non-individual members.

Please also note, to get the true result, please do not ignore any individual behind any non-individual member because Significant beneficial owner may be hidden behind more one or even 100 non-individual members. MCA has given 10% holding limit to help reporting companies and save their time. Sometimes, we need to be thankful to MCA.

CS Aishwarya Mohan Gahrana

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