Examples of SBO Rules in a sentence
The debtor, in turn, argues that it proposed the amended plan in good faith in satisfaction of the requirements of the Bankruptcy Code.
It was also suggested in the Sahoo Committee Report that issuances should be made in FATF complaint jurisdictions as FATF recommendations prohibit financial institutions from keeping anonymous accounts.8 Accordingly, reporting companies will be required to seek information in Form BEN 4 through the depository bank in order to comply with SBO Rules if the quantum of GDR is 10% or more of the shares of the reporting company.
The intent of the SBO Rules, is to identify significant beneficial owners whose identity has not previously been disclosed to the concerned company.
Considering that the definition of the term “control” as given under Companies Act, 2013 is identical as the definition given under the Takeover Code, the two statutes may be read as beingpari materia with each other and accordingly, basis the aforesaid judgment, one can forcefully argue that the “control” inferred under the SBO Rules signify positive control and not negative control.
Therefore, the total holding of Mr. X (direct plus indirect) exceeds 11% which makes him a SBO of the reporting company judging by the literal interpretation of the SBO Rules.
Therefore the total holding of Mr. X (direct plus indirect) exceeds 11% which makes him a SBO of the reporting company judging by the literal interpretation of the SBO Rules.
The first reporting under the format has to be done by April 21, 2019.The circular has been brought sequential to the SBO Rules which still need clarification as specified by the authors above.
In our opinion, however, judging by the intention of the SBO Rules, this should not be the case as such persons by virtue of the position they hold are statutorily conferred with such powers.
Unlike the Takeover Code (i.e. SEBI SAST Regulations), the SBO Rules do not list the relationships which are regarded as “Deemed Persons Acting in Concert”.
Identify individual who ultimately holding significant beneficial ownership Recent Amendments on SBO Rules MCA on 15th February, 2018, came out with draft of Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018 On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018 (‘Final Rules’) and enforced section 90 of the Amendment Act. On Feb 8, 2019, MCA has notified the revised rules on SBO.