Filing of BEN-2, Return of Beneficial Interest
Mandatory for all companies to file BEN-2 in 2019
The Companies (Significant Beneficial Owners) Rules, 2018 require every company to file a return in Form BEN-2 for all the shareholders who hold 10% or more shares in the company. This is a one time return for all existing significant business owners.
Every company is mandated by the new rule to identify persons holding 10% or more beneficial interest in the company, these persons are known as SBO (Significant Business Owners). Once the identification of the SBO is done, the company shall be sending intimation to them seeking their detailed disclosure in prescribed Form BEN-1. Every SBO/ shareholder is under to furnish the declaration within 90 days of the applicability of the rule, in case a shareholder withheld the information or send incorrect or incomplete information, the company should approach NCLT for appropriate action on the SBO
Once the declaration is received from the SBO, the company must file the BEN-2 Form within 30 days. The eform must be signed by the director, Manager, CEO or CFO or Company Secretary of the Company. It further requires to be certified by a practicing professional like CA, CS or CMA in whole time practice.
Ask For Quotation/ Call Back From Specialist
Important Points of BEN-2 Return Filing
Once the declaration is received from the SBO, the company must file the BEN-2 Form within 30 days.
Filing of BEN-2 Return
We offer end to end solution for Filing of BEN-2 Return. The process is for your information
Identification of SBO
The first step in filing the BEN-2 is to identify the Significant Business Owners of the company, as per rule every person holding 10% or more equity in the company is a Significant Business Owner (SBO)
Register of SBO of the Company
After identification of the SBO, the company must prepare and maintain a Register of Beneficial Owners holding Significant Beneficial Interest in the company in the prescribed Form No – BEN-3
Declaration by the SBO in BEN-1
The company needs to send an intimation letter (Form BEN-4) to each and every SBO seeking their information and particulars in the prescribed form BEN-1, the form is designed to capture all investments of the SBO in the company or elsewhere.
Filing of BEN-2 (Return of SBO)
The last step is to file the return of Beneficial Interest in the Company in Form BEN-2 in respect of all the declarations received from the SBO