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Companies Act

Overview of the significant beneficial ownership rules

July 8, 2019 by Team Instabizfilings

Blog Details

SIGNIFICANT BENEFICIAL OWNERSHIP RULES, 2019

 

Any individual who alone or together,

> holds indirectly, or together with any direct holdings, not less than ten per cent. of the shares;

> holds indirectly, or together with any direct holdings, not less than ten per cent. of the voting rights in the shares;

> has right to receive or participate in not less than ten per cent. of the total distributable dividend, or any other distribution, in a financial year through indirect holdings alone, or together with any direct holdings;

> has right to exercise, or actually exercises, significant influence or control, in any manner other than through direct holdings alone:

 

SBO shall be individual depending upon the following type of members of Reporting Company (RC)

> If Member of RC is Company --> Individual holding majority stake (i.e. more than 50%) in such Company OR Individual holds majority stake in ultimate holding Company

> If Member of RC is HUF --> Karta of HUF

 > If Member of RC is Partnership Entity (LLP) --> Individual who is a Partner OR Individual holds majority stake in Body Corporate who is Partner of Partnership Entity OR Individual holds majority stake in ultimate holding company of such Body Corporate

> If Member of RC is Trust --> Trustee in case of discretionary trust or charitable trust OR Beneficiary in case of specific trust OR Author or Settlor in case of revocable trust

> If Member of RC is Pooled Investment Vehicle --> General Partner OR Investment Manager OR CEO where Body corporate is the Investment manager of such pooled investment vehicle

 

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