Beneficial Interest In Shares
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FAQ
A beneficial interest is the right to receive benefits on shares held by another party. Beneficial interest is often referred to in matters concerning trusts, whereby one has a vested interest in the trust's assets. A beneficial interest is ?that right which a person has in a contract made with another (third party)?.
Assignment of Beneficial Interest means the instrument pursuant to which a BI Seller conveys right, title and interest to the beneficial interest of a LIFT Entity to a Purchaser, the form of which is attached as Exhibit A hereto.
The beneficial owner shall file a declaration that he holds the beneficial interest in shares that are not registered in his name, in Form MGT-5 within 30 days of acquiring such beneficial interest in the shares of the Company.
The most common way to create a beneficial interest is through an express trust. This is where the legal owner signs a trust deed or written agreement declaring that the legal owner holds the property 'on trust' for someone else, the beneficial owner.
For example, if property is held in trust, the trustee has the legal title but the beneficiaries have the beneficial interest in equity. The beneficiaries, not the trustee, are entitled to any income from the property and will be taxed on this income and any chargeable gain arising if the property is sold.