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ARTICLE · 29 NOVEMBER 2024

Significant Beneficial Owner

The recent LinkedIn India case has brought Significant Beneficial Ownership ("SBO") rules under the spotlight.

IndiaCorporate/Commercial Law

A. INTRODUCTION

The recent LinkedIn India case has brought Significant Beneficial Ownership ("SBO") rules under the spotlight. The concept of SBO was introduced in India with the Companies Act 2013 ("the Act"), to promote corporate transparency and uncover ultimate beneficiaries with significant control over companies. Under the Act, there is a requirement for the identification of an SBO i.e., an individual/natural person who meets certain criteria as discussed below. It's essentially a corporate treasure hunt, where the objective is to discover who's really calling the shots.

Once an SBO is identified, the SBO and the Indian company ("Company") are required to undertake related compliances which include the SBO providing a declaration to the Company within 30 days of acquiring such significant beneficial interest in the Company i.e., the date on which the shares were first acquired by the SBO, etc., and consequential filings to be made by the Company with the

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