Query on SBO Compliance – Direct + HUF Holding

[Deeksha Nagal]

Dear Professionals,

There is a query regarding Significant Beneficial Ownership (SBO) compliance under Section 90 of the Companies Act, 2013.

In a public company, a Director holds:

• 31.68% shares directly in his personal capacity, and

•  one share (0.00050%) indirectly through his HUF (where he is Karta).

In this context, is filing of Form BEN-1 by the Director and Form BEN-2 by the Company required?

Please advise.

[Vandana Jain]

Yes, BEN 1 and BEN 2 compliances are triggered in this case.

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CS VANDANA JAIN

Company Secretary

201, Western Business Centre

1/6, New Palasia, 

Indore (M.P.) 452001

Mobile: +91-9589998779

[AKANKSHA MISHRA]

Dear Professionals,

There is a query regarding Significant Beneficial Ownership (SBO) compliance under Section 90 of the Companies Act, 2013.

In a private company, a partnership firm holds:

• 28% shares directly and there are four partners in the firm.

•  one partner holds 14%, second partner holds 14%, third and fourth partner holds 7% directly in the company.

In this context, is filing of Form BEN-1 by the Director and Form BEN-2 by the Company required?

Please advise

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[Deeksha Nagal]

Thank you for your response.

Just to understand it better — may I please confirm if your interpretation is based on combining the direct and indirect holdings of the director (i.e., 31.68% directly + 0.00050% indirectly through HUF) to exceed the 10% threshold for SBO?

On Sat, Aug 2, 2025 at 4:12 PM Vandana Jain <jainvan...@gmail.com> wrote:

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[Mamta Hemrajani]

In my opinion since the shares are being held in the name of the partners individually, BEN-2 is not required. 

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With Regards
Mamta Hemrajani

Practicing Company Secretary

M. Hemrajani & Associates

D-276, Sarvodaya Enclave

New Delhi -110017

M. 9873782180

https://www.linkedin.com/in/mamta-hemrajani-7423118/ 

[badal sharma]

Dear all,

Please resolve my query as well related to SBO compliance-

Suppose A pvt ltd. Company hold by two listed body corporate shareholder in ratio 50:50%.

One body corporate has promoter & promoter group shareholding 70% in the member of reporting company but it's a listed company and then how to identify sbo

Thanks & Regards
Badal Sharma I CS, M.com, LLB, B.com,
Company Secretary
Contact No. 9785376286
   

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