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)
- 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) |
- 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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