FORM BEN-2 is a type of document filed with the Registrar of Companies on behalf of a company if it wants to file a declaration under Section 90 of The Companies Act, 2013 which deals with the Register of Significant Beneficial Ownership.
Form BEN-2 Process
This form is used for the purpose of declaring that a company has complied with the requirements under the Companies Act. The compliance includes holding a meeting of the board of directors, passing resolutions by the board, and filing necessary documents with the Registrar of Companies.
The form must be signed by a director or company secretary, and it must be accompanied by the required supporting documents. These documents include a copy of the board resolution, a copy of the notice convening the meeting, and a copy of the minutes of the meeting.
Once the form is filed with the Registrar of Companies, it becomes a public record.
Why Form BEN-2?
Every company which is registered under the Companies Act, 2013 is required to file an Annual Return in Form No. MGT-7 within 60 days from the date of holding the Annual General Meeting.
The purpose of filing an annual return is to give a true and fair view of the state of affairs of the company as on the date of AGM. It also ensures compliance with various provisions of the Companies Act, 2013.
Form BEN-2 is a declaration that has to be filed by a director or manager of a company regarding their beneficial ownership in the shares of the company. This form is required to be filed within 60 days from the date on which the shares were allotted or transferred to them.
You are no longer concerned about coming up with a Company name. To find a list of available firms, use the Vakilsearch Company Name Generator.
The main purpose of this form is to disclose any potential conflict of interest that a director or manager may have in relation to their shares in the company. This will help shareholders to make informed decisions about how they vote on matters affecting the company.
If you are a director or manager of a company, it is important that you comply with the requirements for filing FORM BEN-2. Failure to do so can result in heavy penalties, including imprisonment.
What Are the Mandatory Details to Be Filled Out in Form BEN-2?
- The name, address and email id of the company’s registered office;
- The names, addresses and email id of the company’s directors;
- The number of shares held by each director;
- The amount of money paid up on each share;
- The nature and extent of the interest of each director in other companies, if any; and
- Any other information as may be prescribed by the Registrar of Companies.
How Should Form BEN-2 Be Filed?
FORM BEN-2 is a return to the Registrar of Companies regarding declaration under section 160 of the Companies Act, 2013.
This form should be filed by the company within 30 days from the date of its board resolution in which it has been decided to make a declaration under section 160.
The form should be accompanied by a copy of the board resolution and the required fee as specified in the Companies (Registration Offices and Fees) Rules, 2014.
Removal of Provisions From the List of Significant Ben Form BEN-2
The Registrar of Companies has decided to remove the following provisions from the list of significant benefits under section 2 of the Companies Act:
– The requirement for a company to have a minimum share capital of ₹. 5 lakhs.
– The requirement for a company to have at least seven members.
– The requirement for a company to file its annual return with the Registrar of Companies.
– The requirement for a company to maintain a registered office in India.
These changes will come into effect from the date of their publication in the Official Gazette.
Signatory Declaration
I/We solemnly declare that to the best of my/our knowledge and belief, the particulars given in this Return are true and correct and no other Return has been given to the Registrar of Companies for this financial year.
Name ___________________
Designation _____________
Date ___________________
Holder declaration
- I, ____________________________, the holder of the within named ____________________________ do hereby declare that:
- I am a beneficial owner of the within named company;
- I am the beneficial owner of shares in the company as follows:
(a) Ordinary shares of . ___________ each; and/or
(b) Preference shares of . ___________ each; and/or
(c) Debentures of . ___________ each; and/or
(d) Any other securities of . ___________ each; and/or
- The total value of my interest in the company is . ___________ ; and/or
- I have no other interests in the company except as stated herein; and/or
What Are the Mandatory Details to Be Filled Out in Form BEN-2?
- The name, registered office address and principal business activity of the company;
- The particulars of the beneficial owner, including name, nationality, date of birth, residential address and passport details (or other identification documents);
- The extent of the beneficial interest held; and
- The date on which the beneficial interest was acquired.
Ensure you file Form BEN-2 perfectly with Vakilsearch today!
Read more
