The Ministry of Corporate Affairs (MCA) has issued Companies (Significant Beneficial Owners) Rules, 2018 (SBO Rules) on 14th June, 2018. As per the said rule, every Company is required to provide for a declaration to concerned Registrar of Companies (ROC) regarding Significant Beneficial Owner in order to enable Government authorities to track actual shareholders of the Company having ownership therein. BEN-2 is filing by company for declaration Under Section 90.
Later, one more notification was issued on 8th February, 2019, sec 469 (1)(2) of Companies Act, 2013 read with sec 90 of Companies Act, 2013 whereby Central Government amends Companies (Significant Beneficial Owners) Rules, 2018 as Companies (Significant Beneficial Owners) Amendment Rules, 2019.
Amendment to Section 89 and 90 is key amendments brought in by the Companies (Amendment) Act, 2017
Applicability of Form BEN 2
|Sr No||Forms under SBO Rules||Particulars of Form and there purpose|
|1||Form BEN 1||Declaration by beneficial owner who holds or acquires significant beneficial ownership in shares|
|2||eForm BEN 2||Return to Registrar in respect of declaration under section 90|
|3||Form BEN 3||Register of beneficial owners holding significant beneficial interest|
|4||Form BEN 4||Notice seeking information about significant beneficial owners|
Every Company, upon receipt of declaration in Form BEN 1, reporting Company shall file a return to Registrar in respect of declaration under section 90 in Form BEN 2.
These rules shall not be made applicable to the extent the share of the reporting company is held by,-
As per SBO Amendment Rules, 2019 following are some deadlines for filling Forms with concerned Registrar of Companies (ROC)
Basically forms are divided into two categories
|Form BEN 2||30 days from receipt of BEN-1 by the Company||Upon receipt of declaration by the Company in form BEN-1, the Company is required to file eForm BEN-2 with ROC.|
|Form BEN 2||30 days from receipt of BEN-1 by the Company.||Upon receipt of declaration by the Company in form BEN-1, the Company is required to file eForm BEN-2 with ROC.|
Following are some basic major contents of Form BEN 2