Section 89 beneficial ownership

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Pooja D Mehta (Querist)
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16 March 2017 What are the documents accepted as attachment to MGT-4 and MGT-5 as Instrument/ document under which the beneficial interest is created/ transferred/ changed

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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17 March 2017 A person whose name is entered in the register of members of a company as the holder of shares in that company but who does not hold the beneficial interest in such shares (hereinafter referred to as “the registered owner”), shall file with the company, a declaration to that effect in Form No. MGT.4 in duplicate, within a period of thirty days from the date on which his name is entered in the register of members of such company. ATTACHMENT - Proof of identity of the registered owner and beneficial owner and Instrument/ document under which the beneficial interest is created/ transferred/ changed (if any)

Every person holding and exempted from furnishing declaration or acquiring a beneficial interest in shares of a company not registered in his name (hereinafter referred to as “the beneficial owner”) shall file with the company, a declaration disclosing such interest in Form No. MGT.5 in duplicate, within thirty days after acquiring such beneficial interest in the shares of the company ATTACHMENT - Proof of identity of the registered owner and beneficial owner and Instrument/ document under which the beneficial interest is created/ transferred/ changed (if any)

The company shall file, within a period of thirty days from the date of receipt of declaration by it, a return in Form No.MGT.6 ATTACHMENT - MGT 4 & MGT 5

Pooja D Mehta

Pooja D Mehta (Querist)
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17 March 2017 Thank you for your reply Mr. Mitesh.

However it is not clear as to what are the documents which could be provides as a proof of transfer of beneficial ownership from one shareholder to other.

Also if anyone has a format for Letter intimating the change in beneficial interest. kindly share the same.

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