BENEFICIAL OWNERSHIP DECLARATION
Name of the Entity / Seller / Service Provider: ……………………………...
1. I hereby declare that I have read and understood clause 26 of GeM
GTC regarding Compliance of Restrictions under Rule 144 (xi) of GFR
2017 which places restrictions on procurement from a bidder of a
country which shares a land border with India. I hereby declare that the
above-named Entity / Seller / Service Provider is not required to have
any registration with the competent authority as per provisions of
clause 26 of GeM GTC.
2. It is certified that the above-named Entity / Seller / Service Provider is
not:
a. An entity incorporated, established, or registered in a country
sharing land border with India; or
b. A subsidiary of an entity incorporated, established, or registered in
a country sharing land border with India; or
c. An entity substantially controlled through entities incorporated,
established, or registered in a country sharing land border with
India; or
d. An entity whose beneficial owner* is situated in a country sharing
land border with India; or
e. An Indian (or other) agent or reseller of such an entity; or
f. A natural person who is a citizen of a country sharing land border
with India; or
g. A consortium or joint venture where any member of the consortium
or joint venture falls under any of the above
3. I fully understand that any false declaration and non-compliance of the
above would be a ground for immediate termination of any and all
contracts and further legal action in accordance with the laws.
Sign & Stamp: ………………………………
Name: …………….…………………………
Signed in the capacity as ……………………
*The beneficial owner for the above purpose of will be as under:
(i) In case of a company or Limited Liability Partnership, the
beneficial owner is the natural person(s), who, whether acting
alone or together, or through one or more juridical person, has
a controlling ownership interest or who exercises control
through other means. Explanation—
a. "Controlling ownership interest" means ownership of
or entitlement to more than twenty-five per cent. of
shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of
the directors or to control the management or policy
decisions including by virtue of their shareholding or
management rights or shareholders agreements or
voting agreements;
(ii) In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through
one or more juridical person, has ownership of entitlement to
more than fifteen percent of capital or profits of the
partnership;
(iii) In case of an unincorporated association or body of
individuals, the beneficial owner is the natural person(s), who,
whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than
fifteen percent of the property or capital or profits of such
association or body of individuals;
(iv) Where no natural person is identified under (1) or (2) or (3)
above, the beneficial owner is the relevant natural person who
holds the position of senior managing official;
(v) In case of a trust, the identification of beneficial owner(s) shall
include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust
and any other natural person exercising ultimate effective
control over the trust through a chain of control or ownership.
