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Beneficial Ownership Declaration

Beneficial Ownership Declaration Template for India

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Key Requirements PROMPT example:

Beneficial Ownership Declaration

"I need a Beneficial Ownership Declaration for my technology startup in Bangalore, where I hold 15% shares directly and another 20% through my family trust, to be submitted by March 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Beneficial Owner
Significant Beneficial Owner
Control
Direct Holding
Indirect Holding
Voting Rights
Share Capital
Company
Board of Directors
Register of Members
Register of Significant Beneficial Owners
Declaration Date
Effective Date
Member
Registered Owner
Majority Interest
Legal Entity
Holding Company
Subsidiary Company
Partnership Firm
Trust
Body Corporate
Registrar
Reporting Company
Individual
Person Acting in Concert
Rights
Significant Influence
Ownership Interest
Material Interest
Dividend Rights
Transfer Rights
Joint Ownership
Chain of Ownership
Ultimate Beneficial Owner
Clauses
Declarant Details
Entity Identification
Beneficial Interest Declaration
Ownership Structure
Control Rights
Voting Rights
Share Capital Interest
Indirect Ownership
Change in Ownership
Compliance Statement
Supporting Documentation
Verification and Authentication
Declaration of Truth
Previous Declarations Reference
Related Party Details
Foreign Ownership Declaration
Trust Arrangements
Joint Holding Details
Signature and Witnessing
Documentation Requirements
Regulatory Compliance
Information Accuracy
Update Obligations
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
Companies Act, 2013 (Section 90): Defines significant beneficial ownership, requires declaration of beneficial ownership exceeding 10% shares/voting rights, and mandates maintenance of a register of significant beneficial owners
Companies (Significant Beneficial Owners) Rules, 2018: Provides detailed rules for beneficial ownership declaration, including forms, thresholds, and reporting requirements
Prevention of Money Laundering Act (PMLA), 2002: Establishes requirements for verification of beneficial ownership as part of Know Your Customer (KYC) procedures and due diligence
SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: Specifies disclosure requirements for beneficial ownership in listed companies and reporting obligations
RBI Master Direction on KYC, 2016: Provides guidelines for beneficial ownership identification and verification in banking relationships
Companies (Amendment) Act, 2019: Contains updates to beneficial ownership provisions including penalties for non-compliance and reporting requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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