Beneficial Ownership Declaration for India

Beneficial Ownership Declaration Template for India

A Beneficial Ownership Declaration is a mandatory regulatory document under Indian law, specifically required by Section 90 of the Companies Act 2013 and the Companies (Significant Beneficial Owners) Rules, 2018. This declaration identifies and discloses individuals who ultimately own or control a significant portion (typically exceeding 10%) of shares or voting rights in a company, either directly or indirectly. The document includes detailed information about the beneficial owner's identity, the nature and extent of their beneficial interest, and the ownership structure through which such interest is held.

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What is a Beneficial Ownership Declaration?

The Beneficial Ownership Declaration is a crucial compliance document required by Indian regulatory authorities to ensure transparency in corporate ownership structures. This declaration must be filed when an individual holds significant beneficial ownership (typically exceeding 10% of shares or voting rights) in an Indian company, whether directly or indirectly. The requirement stems from Section 90 of the Companies Act 2013 and related regulations, aimed at preventing money laundering, tax evasion, and ensuring corporate transparency. The declaration must be filed within 30 days of acquiring beneficial interest or any change thereof, providing detailed information about the beneficial owner's identity, nationality, extent of ownership, and the chain of ownership structure.

What sections should be included in a Beneficial Ownership Declaration?

1. Declaration Header: Contains the title of the document, date, and reference number

2. Declarant Details: Full name, address, and identification details of the person making the declaration

3. Entity Information: Details of the company/entity for which the beneficial ownership is being declared, including registration number and registered address

4. Definitions: Key terms used in the declaration, including 'beneficial ownership' as per Companies Act 2013

5. Nature of Beneficial Interest: Declaration of the type and extent of beneficial ownership, including percentage of shares/voting rights

6. Ownership Details: Detailed breakdown of ownership structure and chain of ownership

7. Declaration Statements: Specific statements confirming the accuracy of information and compliance with relevant laws

8. Verification: Section for signature, witness details, and notarization if required

What sections are optional to include in a Beneficial Ownership Declaration?

1. Indirect Ownership Details: Required when beneficial ownership is held through other entities or arrangements

2. Trust Structure Details: Required when beneficial ownership involves trust arrangements

3. Foreign Ownership Declaration: Required when the beneficial owner is a foreign national or entity

4. Change in Beneficial Ownership: Required when declaring changes to previous beneficial ownership declarations

5. Joint Ownership Details: Required when beneficial interest is held jointly with other persons

What schedules should be included in a Beneficial Ownership Declaration?

1. Schedule A - Ownership Structure Chart: Visual representation of the ownership structure showing all intermediate entities

2. Schedule B - Supporting Documents: List and copies of documents supporting the beneficial ownership claim

3. Schedule C - Previous Declarations: Details of any previous beneficial ownership declarations if this is an update

4. Appendix 1 - ID Proofs: Copies of required identification documents of the beneficial owner

5. Appendix 2 - Corporate Documents: Relevant corporate documents evidencing ownership

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Manufacturing

Technology

Retail

Healthcare

Energy

Transportation

Mining

Telecommunications

Professional Services

Construction

Agriculture

Relevant Teams

Legal

Compliance

Corporate Secretarial

Risk Management

Corporate Affairs

Board Secretariat

Regulatory Affairs

Corporate Governance

Finance

Internal Audit

Relevant Roles

Company Secretary

Compliance Officer

Legal Counsel

Corporate Lawyer

Director of Legal Affairs

Chief Legal Officer

Regulatory Compliance Manager

Corporate Governance Officer

Risk Management Officer

Board Director

Managing Director

Chief Executive Officer

Chief Financial Officer

Company Director

Corporate Affairs Manager

Industries
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