April 2024

limited liability partnerships, or LLPs, have increased in number. Experts contend that given the advantages they offer, they should be more well-liked than they are. LLPs give business owners all the benefits of a private limited company without the drawbacks of partnership businesses. It also provides limited liability protection and tax benefits and may accommodate any number of partners. They are a legitimate and trustworthy alternative because people may register such business organizations with the Ministry of Corporate Affairs. Additionally, they are less expensive and easier to run since they need less compliance requirements than private limited companies. Meaning of Private Limited Company For greater growth aspirants, the most common and successful vehicle for beginning a business in India is a Private Limited Company (Pvt. Ltd. Co.). It is formed under the Companies Act, 2013 and has several advantages, including restricted liability and a separate legal entity, which means personal property is protected. This sort of company is often used by start-ups and expanding businesses. According to Section 2(68) of the Companies Act, 2013, a “private company” is defined as “a business whose articles restricts the power to transfer its shares, if any, and limits the number of its members to fifty.” Furthermore, because the shares are restricted, this sort of company cannot offer them to the broader public. The fundamental advantage of a private company is that its financials are not made public. Furthermore, they are exclusively accountable to their members/investors. Meaning of Limited Liability Company A limited liability partnership (LLP) is a form of alternative corporate business structure that combines the advantages of a company’s limited liability with the flexibility of a partnership. Even if the partners change, the LLP can continue to exist. It has the power to enter into contracts and own property in its own right. The LLP is a separate legal organization with full accountability for its assets, but the partners’ liability is limited to their agreed-upon contribution to the LLP. Furthermore, no partner is liable for the autonomous or unauthorized activity of other partners; therefore individual partners are shielded from shared liability stemming from another partner’s illegal business decisions or malfeasance. An agreement between the partners or, in the case of an LLP, between the partners and the LLP governs the reciprocal rights and duties of the partners. The LLP, on the other hand, is not immune from liability for its other responsibilities as a separate business. An LLP is referred to as a “hybrid” between a corporation and a partnership since it combines aspects of both a “corporate structure” and a “partnership firm structure.” The basic goal is that one partner should not be held accountable for the actions or carelessness of the other partners. It combines the benefits of a Partnership and a Company, such as a separate legal body, limited liability, and so on. Furthermore, it requires less legal processes and is simple to register. People sometimes become perplexed while deciding whether to form a private limited company or an LLP. LLPs are for persons who wish to run a safe and risk-free company, do not want to obtain any capital from the market in the future, and want to retain a less compliance organization. Similarities between Private Limited Companies and Limited Liability Partnership Separate legal entity: They each have their own legal entity. That is, in the perspective of the law, a Private Limited Company or LLP is recognized as a separate individual. Tax advantages (taxation): Tax advantages are granted to both types of business formations. The tax breaks would amount to 30% of the earnings. Limited Liability: In the event of a Private Limited Company or an LLP, the partners’ obligations are limited. Registration Procedure: Pvt Ltd and LLP registration, both types of enterprises must be registered with the Ministry of Corporate Affairs. Difference between Private Limited Company and Limited Liability Partnership Registration Process : Registration Process of Private Limited Company and Limited Liability Company are as follows: Registration of Private Limited Company: The Private Limited Company and LLP registration processes are largely similar, with few changes in the documents and forms filed for incorporation.The processes for forming a Private Limited Company are as follows: Obtaining a Digital Signature Certificate (DSC) for each of the prospective Directors Obtaining the recommended Directors’ Director Identification Numbers (DIN) Obtaining MCA name permission and Incorporation filing Registration of Limited Liability Partnership: LLP registration follows a similar procedure: Obtaining a Digital Signature Certificate (DSC) for each of the prospective Partners, Obtaining the prospective Partners’ Director Identification Number (DIN) / Designated Partner Identification Number (DPIN), Obtaining MCA name permission and Incorporation filing  The Ministry of Corporate Affairs issues a Certificate of Incorporation to both Private Limited Companies and LLPs. The processing period for forming a private limited company and an LLP is also comparable, with both organizations needing roughly 20 days on average. Registration Fee: When compared to the Government charge for forming a Private Limited Company, the price for forming an LLP is much lower. LLPs were created to satisfy the requirements of small companies, thus they have a cheaper government charge for establishment. Furthermore, the amount of papers that must be printed on Non-Judicial Stamp Paper and Notarized for LLP registration is smaller than that of a Private Limited Company registration. Features: Many of the benefits of an LLP and a Private Limited Company are the same. Both an LLP and a Private Limited Company are separate legal entities with assets and liabilities distinct from the promoters. Both an LLP and a Private Limited Company are transferable, albeit a Private Limited Company provides more flexibility in terms of transferring or sharing ownership. Both the LLP and the Private Limited Company enjoy perpetual existence, until terminated by the promoters or a competent authority. Ownership: When it comes to ownership and ownership sharing, a private limited company provides more freedom for the promoters. A private limited company’s ownership is decided by its shareholding, and a private limited corporation can have up to 200 shareholders. Furthermore, because shareholders do not actively engage in corporate management, there is a clear divide in a

MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 22nd May, 2018 G.S.R. 472(E).—In exercise of the powers conferred by sub-sections (1), (2), (3), (4), (8),(9), (10) and (11) of section 125 and sub-section (6) of section 124 read with section 469 of theCompanies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules,further to amend the Investor Education and Protection Fund Authority (Accounting, Audit, Transferand Refund) Rules, 2016, namely:-1. (1) These rules may be called the Investor Education and Protection Fund Authority(Accounting, Audit, Transfer and Refund) Third Amendment Rules, 2017.(2) They shall come into force with effect from the 22nd May 2018.2. In the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer andRefund) Rules, 2016 in rule 6 in sub-rule (13), after the words “maintained in the PunjabNational Bank” the following shall be inserted, namely:-“and the details thereof shall be furnished to the Authority in Form No. IEPF 7 within thirtydays from the date of remittance or within thirty days from the date of enforcement of theseRules, as the case may be.” [F. No. 05/17/2017-IEPF]GYANESHWAR KUMAR SINGH, Jt. Secy. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

GOVERNMENT OF INDIAMINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, 12tn June, 2018 G.S.R-(E).- In exercise of the powers conferred by section 149 and 168 of read withsection 469 of the Companies Act, 2013 ( 18 of 2013), the Central Government herebymakes the following rules further to amend the Companies (Appointment andQualification of Directors) Rules, 2014, namely:-1. (1) these rules may be called the Companies (Appointment and Qualification ofDirectors) Third Amendment Rules, 2018.(2) They shall come into force on the date of their publication in the OfficialGazette. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 12th June, 2018 G.S.R. 558(E).—In exercise of the powers conferred by section 149 and 168 of read with section 469 of theCompanies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend theCompanies (Appointment and Qualification of Directors) Rules, 2014, namely:-1. (1) these rules may be called the Companies (Appointment and Qualification of Directors) ThirdAmendment Rules, 2018.(2) They shall come into force on the date of their publication in the Official Gazette.2. In the Companies Appointment and Qualification of Directors) Rules, 2014, in the annexure,(i) for form DIR-3, the following form shall be substituted Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 12th June, 2018 G.S.R. 557(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 79 of the LimitedLiability Partnership Act, 2008 (6 of 2009), the Central Government hereby makes the following rules further to amendthe Limited Liability Partnership Rules, 2009, namely:—1. (1) Short Title and commencement. – These rules may be called the Limited Liability Partnership (Amendment) Rules,2018.(2) They shall come into force on the date of their publication in the Official Gazette.2. In the Limited Liability Partnership Rules, 2009, in rule 10, –(a) for sub-rule(1), the following sub-rule shall be substituted, namely: –“(1) Every individual, who intends to be appointed as a designated partner of an existing limitedliability partnership, shall make an application electronically in Form DIR-3 under the Companies(Appointment and Qualifications of Directors) Rules, 2014 for obtaining DPIN under the LimitedLiability Partnership Act, 2008 and such DIN shall be sufficient for being appointed as designatedpartner under the Limited Liability Partnership Act, 2008.”.(b) in sub-rule (4), for clause (i) , the following clause shall be substituted, namely: –“(i) Every individual who has been allotted a DPIN or DIN under these rules, shall in the event of anychange in his particulars, make an application in Form DIR-6 under Companies (Appointment and¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 3Qualifications of Directors) Rules, 2014 to intimate such change(s) to the Central Government within aperiod of thirty days of such change(s).”. [F. No. 17/61/2016-CL-V (Pt.1)]K.V.R. MURTY, Jt. Secy Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 13th June, 2018 S.O. 2422(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Companies (Amendment)Act, 2017 (1 of 2018), the Central Government hereby appoints the 13th June, 2018 as the date on which the followingprovisions of the said Act shall come into force, namely :—Sl.No. Sections1. Section 22;2. Section 24;3. Section 25;4. Section 26; and5. Section 71. [F. No. 1 /1 /2018-CL.I]K.V. R. MURTY, Jt. Secy. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 13th June, 2018 G.S.R. 559(E).—In exercise of the powers conferred by section 247 read with section 469 of the Companies Act,2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies(Registered Valuers and Valuation) Rules, 2017, namely:-1. (1) These rules may be called the Companies (Registered Valuers and Valuation) Second Amendment Rules, 2018.(2) They shall come into force on the date of their publication in the Official Gazette.2. In the Companies (Registered Valuers and Valuation) Rules, 2017, in rule 19, in sub-rule 2, after clause (g), thefollowing clause shall be inserted, namely:-“(h) Presidents of, the Institute of Chartered Accountants of India, the Institute of Company Secretaries of India,the Institute of Cost Accountants of India as ex-officio members.”. [F. No. 1/27/2013-CL-V (Part)]K.V.R. Murty, Jt. Secy Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 13th June, 2018 G.S.R. 561(E).— In exercise of the powers conferred by Section 90 read with sub-section (1) of section 469 ofthe Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely :-1. Short title and commencement.–(1) These rules may be called the Companies (Significant Beneficial Owners) Rules, 2018.(2) They shall come into force on the date of their publication in the Official Gazette.2. Definitions.-(1) In these rules, unless the context otherwise requires,-(a) “Act” means the Companies Act, 2013 (18 of 2013);(b) “form” means the form specified in Annexure to these rules;(c) “registered owner” means a person whose name is entered in the register of members of a company as the holderof shares in that company but who does not hold beneficial interest in such shares;(d) “section” means a section of the Act(e) “significant beneficial owner” means an individual referred to in sub-section (1) of section 90 (holding ultimatebeneficial interest of not less than ten per cent.) read with sub-section (10) of section 89, but whose name is notentered in the register of members of a company as the holder of such shares, and the term ‘significant beneficialownership’ shall be construed accordingly;Explanation I. – For the purpose of this clause, the significant beneficial ownership, in case of persons other thanindividuals or natural persons, shall be determined as under–(i) where the member is a company, the significant beneficial owner is the natural person, who, whether acting aloneor together with other natural persons, or through one or more other persons or trusts, holds not less than ten percent. share capital of the company or who exercises significant influence or control in the company through othermeans;(ii) where the member is a partnership firm, the significant beneficial owner is the natural person, who, whetheracting alone or together with other natural persons, or through one or more other persons or trusts, holds not lessthan ten per cent. of capital or has entitlement of not less than ten per cent. of profits of the partnership;(iii) where no natural person is identified under (i) or (ii), the significant beneficial owner is the relevant naturalperson who holds the position of senior managing official;(iv) where the member is a trust (through trustee), the identification of beneficial owner(s) shall includeidentification of the author of the trust, the trustee, the beneficiaries with not less than ten per cent. interest in thetrust and any other natural person exercising ultimate effective control over the trust through a chain of control orownership;12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]Explanation II.—It is hereby clarified that instruments in the form of global depository receipts, compulsorilyconvertible preference shares or compulsorily convertible debentures shall be treated as ‘shares’ for the purpose ofthis clause;(2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specificationof Definitions Details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and the saidRules.3. Declaration of significant beneficial ownership in shares under section 90.-(1) Every significant beneficial owner shall file a declaration in Form No. BEN-1 to the company in which he holdsthe significant beneficial ownership on the date of commencement of these rules within ninety days from suchcommencement and within thirty days in case of any change in his significant beneficial ownership.(2) Every individual, who, after the commencement of these rules, acquires significant beneficial ownership in acompany, shall file a declaration in Form No. BEN-1 to the company, within thirty days of acquiring suchsignificant beneficial ownership or in case of any change in such ownership. 4. Return of significant beneficial owners in shares.-Where any declaration under rule 3 is received by the company, it shall file a return in Form No. BEN-2 with theRegistrar in respect of such declaration, within a period of thirty days from the date of receipt of declaration by it, alongwith the fees as prescribed in Companies (Registration offices and fees) Rules, 2014.5. Register of significant beneficial owners.-(1) The company shall maintain a register of significant beneficial owners in Form No. BEN-3.(2) The register shall be open for inspection during business hours, at such reasonable time of not less than twohours, on every working day as the board may decide, by any member of the company on payment of such fee asmay be specified by the company but not exceeding fifty rupees for each inspection.6. Notice seeking information about significant beneficial owners.-A company shall give notice seeking information in accordance with under sub-section (5) of section 90, in Form No.BEN-4.7. Application to the Tribunal.-The company may apply to the Tribunal in accordance with sub-section (7) of section 90, for order directing that theshares in question be subject to restrictions, including –(a) restrictions on the transfer of interest attached to the shares in question;(b) suspension of the right to receive dividend in relation to the shares in question;(c) suspension of voting rights in relation to the shares in question;(d) any other restriction on all or any of the rights attached with the shares in question.8. Non-Applicability.-These rules are not made applicable to the holding of shares of companies/body corporates, in case of pooledinvestment vehicles/investment funds such as Mutual Funds, Alterative Investment Funds (AIFs), Real EstateInvestment Trusts(REITs) and Infrastructure Investment Trusts (InvITs) regulated under SEBI Act. 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