Himmat Ltd. communicated with Sourav seeking information which the company has reasonable cause to believe that he has knowledge of the identity of a significant beneficial owner (SBO) of the company. Sourav is not a mem
CS Executive · Company Law and Practice · PYQS · December 2025
Himmat Ltd. communicated with Sourav seeking information which the company has reasonable cause to believe that he has knowledge of the identity of a significant beneficial owner (SBO) of the company. Sourav is not a member of the company. The company is not satisfied with the information given by Sourav. Advise in accordance with the provisions of Companies Act, 2013 whether the company can seek orders from the Tribunal and can its order be subject to certain restrictions.
Answer & Explanation:
As per Rule 7 of the Companies (Significant Beneficial Owners) Rules, 2018, the reporting company (Himmat Ltd.) shall apply to the Tribunal within a period of 15 days of the expiry of the period specified in Form No. BEN-4, where any person fails to give the information required by the notice in Form No. BEN-4, within the time specified therein; or where the information given is not satisfactory. In accordance with section 90(7) of the Companies Act, 2013, for order directing that the shares 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 or any other distribution 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. Hence, the company can seek order from the Tribunal and the order may be subject to restrictions.
Topics: Management and Administration
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