Section and Rule Overview
Section 90(4): Every company is mandated to file a return of significant beneficial owners with the Registrar, containing names, addresses, and other prescribed details, as per the Companies Act, 2013.
Rule 4: In accordance with Rule 4 of the Companies (Significant Beneficial Owners) Rules, 2018, upon receiving declarations under Rule 3, the reporting company must file a return in Form No. BEN-2 with the Registrar within 30 days of receiving the declaration.
Purpose of eForm BEN-2
- The eForm BEN-2 serves the purpose of submitting a return to the Registrar concerning the declarations made under Section 90 of the Companies Act, 2013.
Important Points for Successful Submission
Fee Structure
| S.No | Purpose of the Form | Normal Fee | Additional Fee (Delay Fee) | Logic for Additional Fees | Remarks |
|---|---|---|---|---|---|
| 1. | Return to the Registrar under Section 90 | The Companies (Registration Offices and Fees) Rules, 2014 | The Companies (Registration Offices and Fees) Rules, 2014 | Date of receipt of the oldest declaration | 30 days from the date of receipt of the oldest declaration or 30 days from the date of deployment of the form, whichever is later |
Submission Timeline
- The eForm BEN-2 must be submitted within 30 days from the date of receipt of the oldest declaration or within 30 days from the date of deployment of the form, whichever is later.
Procedural Steps
Initiate Submission:
- Access the MCA-21 portal and locate the eForm BEN-2.
Fill in Details:
- Provide accurate details of significant beneficial owners, including names, addresses, and other prescribed information.
Attach Required Documents:
- Ensure all necessary supporting documents are attached as per the guidelines provided in the eForm.
Payment of Fees:
- Pay the requisite fees as per the fee structure mentioned in the Companies (Registration Offices and Fees) Rules, 2014.
Verification and Validation:
- Review all entered information for accuracy and completeness before submitting the form.
Submit the Form:
- Once satisfied, submit the eForm BEN-2 through the MCA-21 portal.
Receipt Acknowledgment:
- After successful submission, obtain the acknowledgment receipt for future reference.
Compliance Tips
Adhere strictly to the specified timeline of 30 days for filing the eForm from the date of receiving the oldest declaration or from the date of form deployment.
Keep abreast of any updates or circulars from the Ministry of Corporate Affairs that may impact the compliance procedure or filing deadlines.
By following these procedural steps and adhering to the specified timelines and fee structures, companies can ensure successful and compliant submission of the eForm BEN-2, fulfilling their obligations under Section 90 of the Companies Act, 2013.
