Rule 2A Duty of the reporting company
- Chapter
- I · Declaration and Return
2A. Duty of the reporting companyDefined in rule 2(f): reporting company means a company as defined in clause (20) of section 2 of the Act, required to comply with the requirements of section 90 of the Act.-
(1) Every reporting companyDefined in rule 2(f): reporting company means a company as defined in clause (20) of section 2 of the Act, required to comply with the requirements of section 90 of the Act shall take necessary steps to find out if there is any individual who is a significant beneficial ownerDefined in rule 2(h): significant beneficial owner in relation to a reporting company means an individual referred to in sub section (1) of section 90, who is acting alone or together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely: (i) holds indire..., as defined in clause (h) of rule 2, in relation to that reporting companyDefined in rule 2(f): reporting company means a company as defined in clause (20) of section 2 of the Act, required to comply with the requirements of section 90 of the Act, and if so, identify him and cause such individual to make a declaration in FormDefined in rule 2(c): form means the form specified in Annexure to these rules No. BEN-1.
(2) Without prejudice to the generality of the steps stated in sub-rule (1), every reporting companyDefined in rule 2(f): reporting company means a company as defined in clause (20) of section 2 of the Act, required to comply with the requirements of section 90 of the Act shall in all cases where its member (other than an individual), holds not less than ten per cent of its -
(a) shares, or
(b) voting rights, or
(c) right to receive or participate in the dividend or any other distribution payable in a financial year,
give notice to such member, seeking information in accordance with sub-section (5) of section 90, in FormDefined in rule 2(c): form means the form specified in Annexure to these rules No. BEN-4.
1. Rule 2A ins. by G.S.R. 100(E), dated 8th February, 2019 (Companies (Significant Beneficial Owners) Amendment Rules, 2019), w.e.f. 8th February, 2019.