What is Form BEN-2?
Form BEN-2 is a declaration form that companies are required to file with the Registrar of Companies (ROC) under the Companies Act, 2013. The form is used to declare the appointment or cessation of directors or key managerial personnel (KMP) in a company. The form must be filed within 30 days of the appointment or cessation of a director or KMP.
- Form BEN-2 is required to be filed pursuant to Section 90(4) of the Companies Act, 2013, and Rule 4 of the Companies (Significant Beneficial Owners) Rules 2018.
According to Section 90(4) of the Companies Act,2013, Every company shall file a return of significant beneficial owners of the company and changes therein with the Registrar containing
names, addresses, and other details as may be prescribed within such time, in such form and manner as may be prescribed.
According to Rule 4 of the Companies (Significant Beneficial Owners) Rules,2018 Upon receipt of declaration under rule 3, the reporting company shall file a return in Form No. BEN-2 with the registrar in respect of such declaration, within a period of thirty days from the date of receipt of such declaration by it, along with the fees as prescribed in companies (Registration offices and fees)Rules, 2014.
Why is Form BEN-2 important?
Form BEN-2 is an important form because it helps to keep the records of the companies up to date and accurate. The ROC uses the information provided in the form to update its database and maintain a record of the directors and KMPs of a company. By filing Form BEN-2, companies can demonstrate their compliance with the Companies Act, 2013 and avoid potential penalties for non-compliance.
Who is required to file Form BEN-2?
Form BEN-2 must be filed by every company registered under the Companies Act, 2013. This includes both private and public limited companies.
Due Date of Form Ben-2
- The due date to return to the Registrar in respect of declaration under section 90 is 30 days from the date of receipt of the oldest declaration or 30 days from the date of deployment of form, whichever is later than the date of receipt of declaration(oldest).
Form Ben-2 Fees-
- A company without a share capital: Rs. 200 per document.
- A Company having a share capital:
Nominal Share Capital
Less than 1,00,000
1,00,000 to 4,99,999
5,00,000 to 24,99,999
25,00,000 to 99,99,999
1,00,00,000 or more
Period of delays
Up to 30 days
2 times of normal fees
More than 30 days and up to 60 days
4 times the normal fees
More than 60 days and up to 90 days
6 times the normal fees
More than 90 days and up to 180 days
10 times of normal fees
More than 180 days
12 times the normal fees