NISHA AGARWAL (Chartered Accountant) 20 July 2019
In the reporting company, there is a company holding less than 10% of the total share capital. An individual has a direct holding of 30% in the reporting company and in the company which holds less than 10% shares, it holds 50% of its shares. Whether it amounts to indirect holding by the individual?
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Jatin Bajaj (CS) 20 July 2019
As per section 90 of the Companies Act 2013, read with SBO rules, if any individual is holding the majority shares indirectly in the Company, it is deemed to be considered as indirect holding and if the Shareholder is holding 50 percent of the shares in the Company, then for the better compliance requirement, it is better to file BEN- 2 to the ROC
NISHA AGARWAL (Chartered Accountant) 29 July 2019
|Originally posted by : P C Agrawal|
|No, it is not a case of indirect holding. Holding in member company should be at least 1 share more than 50%.
in case of a subsidiary company, if none of the shareholders in the holding company hold more than 50% of the shares, then apart from reporting the holding company, BEN 1 is required from the shareholders?
P C Agrawal (Vice President (Corporate)) 29 July 2019
In case holding company is not a reporting company (i.e. requiring filing of BEN-2), subsidiary company is not required to select option 'holding reporting company'.
BEN-1 will be required by subsidiary company only if there is indirect holding (say through HUF, firm, trust etc.) and indirect holding + direct holding of person concerned is 10% or more and accordingly BEN-2 will have to be filed.