BEN 2 Summarization
Every Company incorporated under the Companies Act, 2013 is required to file BEN-2 reporting the details of the Significant Beneficial Owner. However, the following companies are exempt:
- Individual holding shares in his own name
- The Individual entitled for Beneficial Interest declares his interest under Section89(2) to the reporting Company
- IEPF Authority;
- Holding Reporting Company only if the details of such holding reporting company are reported in BEN-2
- SEBI registered Investment Vehicle such as
- Mutual Funds
- Alternative Investment Funds
- Real Estate Investment Trusts
- Infrastructure Investment Trust
- Investment Vehicles regulated RBI or IRDAI, PF Regulatory and Development Authority
- Central Government, State Government or any Local Authority
- A reporting company/ body corporate/ entity controlled by Central Government, State Government or any Local Authority
- Step 1 : Entity shall Report in BEN 1 to the Company;
- Step 2: Company shall report the ROC in Eform BEN 2 within 30 days of receipt of BEN 1
- Step 3: Company shall also maintain the register of Significant Beneficial Owner in BEN 3;
- Step 4: Company shall take all necessary steps to find out eh significant beneficial owners and shall issue notice to them in BEN 4
- Step 5: Company can even apply to the NCLT in case of failure on part of the shareholders to provide the relevant information
- Reporting Company: Failure to maintain register and file the information, then such company and every officer in default shall be punishable with
- fine which may vary from Rs. 10 lakh to Rs. 50 lakh and
- for continuing default, fine of Rs. 1,000/- per day
- Person holding Beneficial Interest: Failure to Disclose will attract
- Imprisonment upto 1 year, or
- Fine between Rs. 1 lakh to Rs. 10 lakh, or
- with both and
- in case of continuing default, Rs. 1,000/- per day
- BEN-1: Individual to report the Company about its beneficial interest.
- BEN-2: Reporting Company to report to ROC within 30 days of receipt of BEN-1.
- BEN-3: Register of Significant Beneficial Owner
- BEN-4: Notice to be issued by Company to person whom it has reasonable cause to believe and is not registered as SBO of the Company
- Every Reporting Company shall give notice to Any Person (whether or not the member of the Reporting Company) whom it has reasonable cause to believe
- to be the SBO of the Company
- having the knowledge of SBO or any other person likely to have such knowledge; or
- who has been SBO at any time during immediately preceeding 3 years from the date of issue of notice and such person is not registered as SBO of the Reporting Company
- Such Person shall provide the information to the Reporting Company within 30 days of date of Notice.
- fails to provide information within specified time or
- where the information is not satisfactory