[Ekta Saxena]

If A Company has 2 LLP (B -80% & C-20%) Shareholders.

B and C have 4 Individual Partners each having 25% each.

Partners of B are SBO, 

my query is whether partners of C (20*25%) are SBO?

[CS Mohit Verma]

As per Rule 2(1)(h) of SBO Rules, an individual is SBO if he/she:

Holds indirectly, alone or together:

✔ ≥ 10% shares, OR
✔ ≥ 10% voting rights, OR
✔ ≥ 10% distributable dividend, OR
✔ exercises significant influence/control.

so in my opinion they will not counted as SBO but if parterns of C acting together or through any agreement they counted as joint party then even below 10 % they will be counted

[Ekta Saxena]

Thanks, I have one more query for checking 10% indirect shareholding for C LLP, whether it should be shareholding of C LLP in A Co, which is 20% or indirect is to be calculated as 20*25%=5.

If we take indirect shareholding as 20% then that will be considered as SBO, and if we consider indirect shareholding as 5% then it will not be an SBO.

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[babita sharma]

The partners of LLP C are not considered Significant Beneficial Owners (SBO) of Company A because their indirect holding of 5% is below the statutory threshold of 10%, provided they do not exercise significant influence or control through other means.

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