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Sec. 89 of companies Act

Corporate & Other Laws

Section 89 of Companies Act Talks about declaration of beneficial interest in respect of shares. Is it applicable to Depositaries ?? Means does Depositaries & members need to intimate the Company ??


Chandan Subudhi

Chandan Subudhi

CA Final

12K+

02-Nov-21 15:30

861

Answers (4)

Not applicable to depositories. Applicable to Beneficial Owner of shares who hold shares in D-Mat form.


CA YOGITA HARJANI

CA YOGITA HARJANI

Faculty

03-Nov-21 16:21

Thread Starter

Chandan Subudhi

Ma'am as per sec.89 Registered owner also has to send MGT-4 to companies

The register and index of beneficial owners maintained by a depository shall be deemed to be the corresponding register and index for the purposes of this Act (Sec 88) This means, for the purpose of understanding "Registered Member", we will consider the beneficial owners of the shares whose names are maintained by depositories. Depositories, per say, are only agents managing the securities for the Company. They don't have any rights related to the securities.


CA YOGITA HARJANI

CA YOGITA HARJANI

Faculty

03-Nov-21 16:34

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