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25 Sep 2019Posted By: Mudit Handa


Time Limit for Filing e-Form BEN-2 Extended Further

As per section 90 of the Companies Act, 2013, all the companies are required to file a declaration with RoC in respect of its Significant Beneficial owners disclosing their interest in the company by way of shareholding or voting rights, in the Form BEN-2. The due date of filing Form BEN-2 was extended to 30th September 2019. The Ministry Of Corporate Affairs has now further extended the due date for filing Form BEN-2 to 31st December 2019.

Please refer to the 

 

1. What is Form BEN-2?

Form BEN-2 is the declaration form wherein the Significant Beneficial Owners (SBO) of a company is required to disclose to the Registrar of Companies, their interest in the shareholding of the company within 30 days of acquiring the said beneficial interest in that company.


2. Who is a Significant Beneficial Owner?

Significant Beneficial Owner or SBO refers to that shareholder of a company, who holds a Significant Beneficial Ownership of up to 10% of the shares or voting rights in the company, either directly or indirectly.


3. When was Form BEN-2 introduced?

MCA had issued a notification on 1st July 2019 for filing the return in Form BEN-2 by the SBOs of a company, with respect to the declaration of disclosure of their interest in the shareholding of the company, to the RoC.

This e-form was notified vide the Companies (Significant Beneficial Owners) 2nd Amendment Rules, 2019.


4. Whether an additional fee is payable for filing Form BEN-2?

No, MCA has extended Form BEN-2 filing due-date without payment of the additional fee. However, the additional fee shall be payable if Form BEN-2 filed after the due date of 31st December 2019.


5. Why has the Form BEN-2 filing due-date extended further?

The Ministry of Corporate Affairs had received numerous representations for the extension of the due date for filing of the e-Form BEN-2 without additional fees. This was due to certain new aspects in Form BEN-2 that required further examination and clarification.

Hence, MCA has extended the Form BEN-2 filing due-date to 31st December 2019.

The SBOs of all companies are required to file Form BEN-2 by 31st December 2019.


6. How can I file Form BEN-2?

We can help you file the e-Form BEN-2. Our dedicated professional team will guide you in each & every step of filing Form BEN-2.

If you have any further query regarding the e-form BEN-2 or annual compliance of private company, feel free to contact our business advisor at 8881-069-069.

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