Important Points of BEN-2 Return Filing
- To declare the SBO of the company under section 90
- To keep the SBO data up to date at MCA
- For declaring holding and subsidiary company relationship
Frequently Asked Questions
Q1: What is the time limit for filing the eform BEN-2?
The BEN-2 must be filed by the company within 30 days of receipt of the declaration by the SBO in BEN-1. However, the MCA has recently issued a circular that the BEN-2 for the first time can be filed within 30 days from the deployment of the form on the MCA Servers.
Q2: Is there any government fee payable for filing the Form BEN-2?
Yes, the BEN-2 Form can be filed with the normal filing fee to the ROC based on the capital of the company, please refer below the table of the filing fee
|2.||1,00,000 to 4,99,999||300|
|3.||5,00,000 to 24,99,999||400|
|5.||1,00,00,000 or more||600|
Q3: Can I file the Form BEN-2 even when I miss the deadline of 30 Days?
Yes, in case you have missed the due date of filing the BEN-2, you can still file the same with an additional fee as prescribed. Refer below table to compute the additional fee payable for late filing of the BEN-2
|S. No||Delay||Additional Fee as times of Normal filing fee|
|1.||Delay up to 30 Days||2 Times|
|2.||More than 30 days and up to 60 days||4 Times|
|3.||More than 60 days and up to 90 days||6 Times|
|4.||More than 90 days and up to 180 days||10 Times|
|5.||More than 180 days||12 Times|
Q4: What are the documents required for filing the eform BEN-2?
The only document to be attached with the BEN-2 Form is the declaration given by the SBO in Form BEN-1
Q5: What is the Meaning of SBO (Significance Beneficial Owner)
As per section 90 of the Companies Act, 2013, every person holding following rights in a company is a Significant Business Owner (SBO)
- 10% equity shareholding, or
- 10% voting Right directly or indirectly, or
- Have any right to receive a 10% dividend out of the total distribution of dividend on indirect holding, or
- together direct holding or significant influence or control.
Q6: What are the companies or other entities which are exempted from filing BEN-2?
- Section 125(5), Authority constituted by the central government.
- Holding reporting company, provided that the detail of such reporting company shall be reported in BEN-2
- Central Government/ State Government/ Local Government
- Reporting Company/ body corporate / any entity controlled by the Central Government/ State Government/ Local Government
- SEBI / RBI etc