SECTION 243 COMPANIES ACT 2016: INTERPRETATION

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For the purposes of this Division-
“approved accounting standards” has the meaning assigned to it in section 2 of the Financial Reporting Act 1997,
“subsidiary” except for section 246 has the meaning assigned to it in the approved accounting standards issued by the Malaysian Accounting Standards Board established under the Financial Reporting Act 1997.
“Financial year” means the period in respect of which any financial statement of a corporation is made up whether that period is a year or not.
“Financial statements” has the same meaning as set out in the approved accounting standards issued or approved by the Malaysia Accounting Standard Board under the Financial Reporting Act 1997.
“accounting records” in relation to a corporation, includes invoices, receipts ,orders for payment of money , bills of exchange, cheque, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are prepared.
“Profit and loss account” includes income and expenditure account, revenue account or any other account showing the results of the business of a corporation for a period.

COMPANY AND BUSINESS ACCOUNT IN MALAYSIA

A company, the directors and managers of a company shall-
Cause to be kept the accounting and other records to sufficiently explain the transactions and financial position of the company and enable true and fair profit and loss accounts and balance sheets and any documents required to be attached thereto to be prepared. The accounting and other records to be kept in a manner as to enable the accounting and other records to be and properly audited.
The company and every officer who contravene this section commit an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

COMPANY AUDITED ACCOUNT

SECTION 262: DEFINITION OF “OUTGOING AUDITOR”
For the purpose of this Subdivision, “outgoing auditor” means an auditor whose term of office has expired or is about to expire.
Every company and its directors must present an audited profit and loss account and balance sheet together with a directors’ report, signed by the directors, with regard to the state of affairs of the company.
SECTION 263: COMPANY AUDITORS TO BE APPROVED BY MINISTER CHARGED WITH RESPONSIBILITY FOR FINANCE.
(1) Any person may apply to the Minister charged with the responsibility for finance to be approved as a company auditor for the purpose of this Act.
(2) The Minister may, if he is satisfied that the applicant is of good character and competent to perform the duties of an auditor under this Act, upon payment of the prescribed fee,approve the applicant as a company auditor.
(3) Any approval granted by the Minister under subsection (2) may be made subject such limitations or conditions as he thinks fit and may be revoked at any time by him by the service of a notice of revocation on the approved person.
(4) Every approval under this section including a renewal of approval of a company auditor shall be in force for a period of two years after the date of issue unless sooner revoked by the Minister.
(5) The Minister may delegate all or any of his powers under this section to any person or body of persons charged with the  responsibility for the registration or control of accountants in Malaysia.
(6) Any person who is aggrieved with any decision of the Minister or with the decision of any person or body of persons to whom such Minister has delegated all or any of his power under this section may appeal to the Court.
(7) For the purposes of this section “person” means a chartered accountant as defined under the Accountants Act 1967.
SECTION 264: COMPANY AUDITORS.
(1) A person shall not-
(a) Knowingly consent to be appointed as an auditor for any company.
(b) Knowingly act as an auditor for any company
(c) Prepare, for or on behalf of a company, any report required by this Act to be prepared by an approved company auditor if-
(i) He is not an approved company auditor
(ii) He is indebted to the company or to a corporation that is deemed to be related to that company by virtue of section 7 in an amount exceeding twenty-five thousand ringgit.
(iii) He is-
(A) Or his spouse is an officer of the company.
(B) A partner, employer or employee of an officer of the company.
(C) A partner or employee of an employee of an officer of the company
(D) A shareholder or his spouse is a shareholder of a corporation whose employee is an officer of the company.
(iv) He is responsible for or if he is the partner, employer or employee of a person responsible for the keeping of the register of members or the register of member or the register of debenture holders of the company.
(v) He is an undischarged bankrupt within or outside Malaysia except with leave of the Court
(vi) He has been convicted of any offence involving fraud or dishonesty punishable with imprisonment for three months or more.
(2) For the purposes of subparagraph (1)(c)(iii), a person shall be deemed to be an officer of a company if he is an officer of a corporation that is deemed to be related to the company by virtue of section 7 if he has been an officer or promoter of the company or such a corporation at any time within the preceding period of twelve months, unless the Minister directs otherwise.
(3) For the purposes of this section, a person shall not be deemed to be an officer by reason only of him having been appointed as an auditor of a corporation.
(4) A firm of auditors shall not knowingly consent to be appointed, and shall not knowingly act, as an auditor for any company and shall not prepare, for or on behalf of a company any report required by this Act to be prepared by an approved company auditor unless-
(a) All the partners of the firm resident in Malaysia are approved company auditors and where, the firm is not registered as a firm under any law for the time being in force, a return showing the full names and addresses of all the partners of the firm has been lodged with the Registrar.
(b) No partner of the firm is disqualified under subsection
(1) From acting as the auditor of the company.
(5) A company shall not appoint a person or a firm as an auditor unless prior to the appointment-
(a) That person has consented in writing to act as the auditor
(b) In the case of a firm, at least one partner of the firm has consented in writing.
(6) The appointment of a firm in the name of the firm as auditors of a company shall take effect as an appointment as auditors of the company of the persons who are partners of that firm at the time of the appointment.
(7) The appointment of a firm in the name of the limited liability partnership or foreign limited liability partnership as auditors of a company shall take effect as an appointment as auditors of the company as if-
(a) The partners of the limited liability partnership, whether the partners at the time the limited liability partnership was appointed as auditor or later (b) Employees of the limited liability partnership who are approved company auditors in that limited liability partnership, whether employed at the time the limited liability partnership was appointed as auditor or later, are appointed as auditors of the company.
(8) Any person who is or any firm which is appointed as an auditor contravenes subsection (1) or (4) respectively commits an offence and shall, on conviction, be liable to fine not exceeding one hundred thousand ringgit.
SECTION 265: REGISTRATION OF FIRMS OF AUDITORS
(1) A new firm of auditors shall notify the registrar the following particulars within thirty days from the date of commencement of business:
(a) The name of the firm
(b) The firm number
(c) The address of the principal place of business and the address of each other’s place of business, if any.
(d) The date of commencement of business
(e) The full names, addresses, approval numbers and other particulars of all the partners
(f) Such other particulars as the Registrar think appropriate.
(2) The notification in subsection (1) shall be in the form as determined by the Registrar.
(3) The Registrar shall cause a register of firms of auditors to be kept and shall cause to be entered in the register in relation to a firm of auditors the particulars referred to in subsection (1)
(4) Where a firm of auditors is reconstituted by reason of retirement, withdrawal or death of a partner or by reason of the admission of new partner or where there is a change in any particulars relating to the firm or its partners, a notification shall be lodged with the Registrar indicating the relevant alteration and the date of the alteration within thirty days of such alteration.
(5) A report or notice that purports to be made or given by a firm appointed as an auditor of a company shall not be taken to be duly made or given unless-
(a) It is signed in the name of the firm and in his own name by a partner of the firm who is an approved company auditor.
(b) The firm number and the approval number of the partner is legibly written or printed either under or beside the signature of the firm and the partner respectively.
(6) For the purposes of this section-
(a) “approval number”, in relation to an auditor, is the number allocated to that person on the approval granted by the Minister charged with responsibility for finance.
(b) “firm number”, in relation to a firm of auditors, is the number allocated by the Registrar to a firm of auditors in the notification under subsection (1)
(c) “partner”, in relation to a firm of auditors, includes a sole proprietor of a firm.
SECTION 266: POWERS AND DUTIES OF AUDITORS.
(1) Every auditor of a company shall report to the members on the financial statements and on the company’s accounting and other records relating to those financial statements and if it is a holding company for which consolidated financial statements are prepared shall also report to the members on the consolidated financial statements, and the report shall be-
(a) In the case of a public company, laid before the company at its annual general meeting
(b) In the case of a private company-
(i) Circulated to its member
(ii) Laid before the company at a meeting of members.
(2) An auditor shall, in a report under this section, state-
(a) Whether the financial statements and, if the company is a holding company for which consolidated financial statement are prepared, the consolidated financial statements are in his opinion properly drawn up-
(i) So as to give a true and fair view of the matters required by section 248 to be dealt with in the financial statement and, if there are consolidated financial statements, in the consolidated financial statements.
(ii) In accordance with this Act so as to give a true and fair view of the company.
(iii) In accordance with the applicable approved accounting standards, or in the case where financial statements are required to be prepared for or lodged with the authorities referred to in section 26D of the Financial Reporting Act 1997, such financial statements shall be made in accordance with the applicable approved accounting standards subject to any specifications, guidelines or regulations as may be issued by such authorities.
(b) If in his opinion the financial statements and where applicable the consolidated financial statements, have not been drawn up in accordance with a particular applicable approved accounting standard-
(i) Whether in his opinion the financial statements or consolidated financial statements, as the case may be, would , if drawn up in accordance with that approved accounting standard, have given a true and fair view of the matters required under section 248 to be dealt with in the financial statements or consolidated financial statements.
(ii) If in his opinion the financial statements, as the case may be, would not, if so drawn up, have given a true and fair view of those matters, his reasons for holding that opinion.
(iii) If the directors have given the particulars of the quantified financial effect under section 244, his opinion concerning he particulars
(iv) In a case to which neither subparagraph (ii) or (iii) applies, the particulars of the quantified financial effect on the financial  statements or consolidated financial statements of the failure to so draw up the financial statements or consolidated financial statements as the case may be.
(c) In the case of consolidated financial statements, the names of the subsidiaries, if any, of which he has not acted as auditor.
(d) Any defect or irregularity in the financial statements or consolidated financial statements and any matter not set out in the financial statements or consolidated financial statements without regard to which a true and fair view of the matters dealt with by the financial statements or consolidated financial statements would not be obtained
(e) If he is not satisfied as to any matter referred to in paragraph (a), (b) or (c), his reasons for not being so satisfied.
(3) An auditor of a company shall have a duty to form an opinion to each of the following matters:
(a) Whether he has obtained all the information and explanations that he required.
(b) Whether proper accounting and other records, including registers, have been kept by the company as required by this Act.
(c) Whether the returns received from branch offices of the company are adequate
(d) Whether the procedures and methods used by a holding company or a subsidiary in arriving at the amount taken into any consolidated accounts were appropriate to the circumstances of the consolidation, and the auditor shall state in his report the particulars of any deficiency, failure or shortcoming in respect of any matter referred to in this subsection.
(4) An auditor of a company has a right of access at all reasonable times to the accounting and other records, including registers of the company and is entitled to require from any officer of the company and any auditor of a related company such information and explanations as he desires for the purposes of audit.
(5) An auditor of a holding company for which consolidated financial statements are required-
(a) Has s right of access at all reasonable times to the accounting and other records, including registers, of any subsidiary.
(b) Is entitled to require from any officer or auditor of any subsidiary included in the consolidated financial statements, at the expense of the holding company, such information and explanations in relation to the affairs of such subsidiaries included in the consolidated financial statement.
(6) The auditor’s report shall be attached to or endorsed on the financial statements or consolidated financial statements and shall, if any member so requires, be read before the company in general meeting and shall be open for inspection by any member at any reasonable time.
(7) An auditor of a company or his agent authorized by him in writing is entitled to attend any general meeting of the company and to receive all notices of, and other communications relating to any general meeting which a member is entitled to receive, and to be head at any general meeting which he attends on any part of the business of the meeting which concerns the auditor in his capacity as auditor.
(8) If an auditor, in the course of the performance of his duties as auditor of a company, is satisfied that-
(a) There has been a breach or non-observance of any of the provisions of this Act.
(b) The circumstances are such that in his opinion the matter has not been or will not be adequately dealt with by comment in his report on the financial statements or consolidated financial statements or by bringing the matter to the notice of the directors of the company or, if the company is a subsidiary, of the directors of its holding company, he shall forthwith report the matter in writing to the Registrar.
(9) In addition, to subsection (8), if an auditor in the course of the performance of his duties as an auditor of a public company or a company controlled by a public company is of the opinion that a serious offence involving fraud or dishonesty is being or has been committed against the company or this Act by officers of the company, he shall forthwith report the matter in writing to the Registrar.
(10) No duty to which an auditor of a company may be subjected to shall be regarded as having been contravened by reason of his reporting the matter referred to in subsection (9) in good faith to the Registrar.
(11) For the purposes of subsection (9)-
(a) A company is presumed unless the contrary is established, to be controlled by a public company if the public company is entitled to exercise or control the exercise of not less than twenty per centum of votes attached to the voting shares of the company
(b) “a serious offence involving fraud or dishonesty” means an offence that is punishable by imprisonment for a term that not less than two years or the value of the assets derived or likely to be derived or any loss suffered by the company, member or debenture holder from the commission of such an offence exceeds two hundred and  fifty thousand ringgit and includes offences under sections 591, 592, 593, 594 and 595.
(12) An officer of a corporation who refuses or fails without lawful excuse to allow an auditor of the corporation, or an auditor of a corporation who refuses or fails without lawful excuse to allow an auditor of its holding company.
(a) To have access to any accounting and other records, including registers of the corporation in his custody or control.
(b) To give any information or explanation as and when required under this section.
(c) Otherwise hinders, obstructs r delays an auditor in the performance of his duties or the exercise of his power. Commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five hundred thousand ringgit or to both.
(13) Any auditor who contravenes subsection (8) or (9) commits and offence and shall, on conviction, be liable to imprisonment to term not exceeding five years or to a fine not exceeding three million ringgit or to both.
SECTION 267: APPOINTMENT AUDITORS OF PRIVATE COMPANY.
(1) A private company shall appoint an auditor for each financial year of the company.
(2) Notwithstanding subsection (1), the Registrar shall have the power to exempt any private company from the requirement stated in that subsection according to the conditions as determined by the Registrar
(3) The Board shall appoint an auditor of the company-
(a) In the case of newly incorporated companies, at least thirty days before the end of the period for the submission of the first financial statements to the Registrar.
(b) To fill casual a casual vacancy in the office of auditor.
(4) The members shall appoint an auditor by ordinary resolution-
(a) In the case of subsequent years following the submission of its first financial statements, during the period for appointing auditor
(b) If the Board fails to appoint an auditor under subsection (3)
(5) An auditor of a private company shall only be appointed in accordance with subsection (3) or (4).
(6) For the purposes of subsection (4) the period for appointing auditors means the period of thirty days-
(a) Before the end of the period allowed for the lodgement of the previous year financial statements with the Registrar under subsection 259(1)
(b) If the previous year financial statements were lodged earlier, before the day on which financial statements were lodged with the Registrar.
(7) The company and every director of the company who contravene this section commit an offence.
SECTION 268: POWER OF REISTRAR TO APPOINT AUDITORS OF PRIVATE COMPANY.
If a private company fails to appoint an auditor, the Registrar may appoint one or more auditors upon application writing from any member of the company.
SECTION 269: TERM OF OFFICE OF AUDITORS OF PRIVATE COMPANY.
(1) An auditor of a private company shall hold office in accordance with the terms of his appointment, provided that auditor cease to hold office, unless he is the first auditor of the company.
(a) He ceases to hold office thirty days from the circulation of the financial statements to the members unless he re-appointed.
(2) Notwithstanding paragraph (1)(a), an auditor may take office before the previous auditor ceases office in the following circumstances:
(a) Where the previous auditor is not the sole auditor.
(b) Where he is appointed as an additional auditor.
(3) Where the office of an auditor becomes vacant under paragraph (1)(b) and no auditor who holds office immediately before the vacancy shall be deemed to be re-appointed,unless-
(a) He was appointed by the Board
(b) The constitution require actual re-appointment
(c) The deemed re-appointment is prevented by the members under section 270
(d) The members have resolved that he should not be reappointed
(4) Subsection (3) is without prejudice to the provisions of this Subdivision as to removal and resignation of auditors.
SECTION 270: PREVENTION BY MEMBERS OF DEEMED RE-APPOINTMENT OF AUDITOR.
(1) An auditor of a private company shall not be deemed to be re-appointed under subsection 269(3) if the company has received notice under this section from members representing at least five.

DUTY TO LODGE ANNUAL RETURN – SECTION 68 COMPANIES ACT 2016

(1) A company shall lodge with the Registrar an annual return for each calendar year not later than thirty days from the anniversary of its incorporation date.
(2) The requirement under subsection (1) is not applicable to a company in the calendar year which it is incorporated.
(3) The annual return of a company shall contain the following particulars:
(a) The address of its registered office.
(b) The nature of its business.
(c) The address of the places where its business is carried on including branch, if any.
(d) The address at which its register of members is kept, if not kept at the registered office
(e) The address at which its financial records are kept, if not kept at the registered office.
(f) In the case of a company with a share capital the summary of its shareholding structure including debentures.
(g) The total amount of its indebtedness.
(h) The particulars of directors, managers, secretaries and auditors.
(i) The list of its member.
(j) Such other information as the Registrar may require.
(4) The Registrar shall have the power to determine the form and manner in which the annual return is to be lodged.
(5) The annual return shall be signed by a director or secretary of the company.
(6) If the particulars required under subsection (3) are unchanged from the last preceding annual return, the company shall be allowed to lodge a statement signed by a director or a secretary certifying that there is no change in any of the matters stated from previous years.
(7) A public company which has more than five hundred members and provides reasonable opportunities and facilities for a person to inspect and take copies of its list of members and its particulars of shares transferred need not comply with the requirement under  paragraph (3)(i) if it is included in the annual return-
(a) A certificate by the secretary that the company is of a kind to which this subsection applies and
(b) A list showing the prescribed particulars of the twenty largest holders of each class of equity shares.
(8) The Registrar may strike a company off the register as provided in section 549, if the company fails to lodge an annual return for three or more consecutive years.
(9) The company and every officer who contravene this section commit an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and in, the case to continuing offences, to further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.

COMPANY CORPORATE TAX

Resident companies are subject to tax on income accruing in or derived from Malaysia. Income received in Malaysia from outside Malaysia is exempt from tax, except for companies carrying on the business of banking, insurance or sea or air transport. Assessable incomes for companies includes gains from a business, dividends, interest and rentals, royalties, premiums and other gains and profits. Non-resident companies are subject to tax only on income accruing in or derived from sources within Malaysia. Foreign income is exempt, whether received in Malaysia or not. Business income of non-residents derived through a permanent establishment in Malaysia is subject to tax.

PERSONEL TAX

Any individual who has income accruing in or derived from Malaysia or received in Malaysia from outside Malaysia for a year of assessment is liable to tax in Malaysia. A resident individual is subject to tax on income accruing in or derived from Malaysia; and income received in Malaysia from outside Malaysia, while a non-resident individual is subject to tax on income accruing in or derived from Malaysia. However, with effect from the year of assessment 2004, income received in Malaysia by an individual for a year of assessment that is derived from sources outside Malaysia is exempted from tax.

SECTION 244 COMPANIES ACTS 2016 : COMPLIANCE WITH APPROVED ACCOUNTING STANDARDS


The approved accounting standards shall apply to the financial statements of a company or the consolidated financial statements of a holding company if, at the time when the financial statements or consolidated financial statements are made out, the approved accounting standards-

(a) Apply in relation to the financial year of the company or the holding company to which the financial statements or consolidated financial statement relate; and
(b) Are relevant to those financial statements or consolidated financial statements.
(2) Without prejudice to the generality of the provisions of this Subdivision, the directors of a company shall ensure that the financial statements of the company and, if the company is a holding company for which consolidated financial statements of the company are made out in accordance with the applicable approved accounting standards and shall –
(a) In the case of a public company, be circulated to its members and laid before the company at its annual general meeting
(b) In the case of a private company, be circulated to its members or laid before the company at a meeting of members.
(3) Notwithstanding subsection (2), the directors of a company or holding company shall not be required to ensure that the financial statements or consolidated financial statements, as the case may be, are prepared in accordance with the approved accounting standard would not give a true and fair view-
(a) Of the matters required under section 249 to be dealt with in the financial statements  or consolidated financial statements.
(b) Of the results of the business and the state of affairs of the company and, if applicable, of all the companies the affairs of which are dealt with in the consolidated financial statements.
(4) If the financial statements of a company or consolidated financial statements of holding company are not prepared in accordance with a particular approved accounting standard under subsection (3) the directors of the company shall-
(a) Disclose by way of a note on the financial statements the reason for not making out the financial statements or consolidated financial statements in accordance with the approved accounting standard
(b) Give particulars in the note of the quantified financial effect on the financial statements or consolidated financial statements if the relevant approved accounting standards was complied with.
(5) Notwithstanding anything in this Act, if financial statements are required to be prepared for or lodged with the authorities referred to in section 26D of the Financial Reporting Act 1997, those financial statements shall be prepared in accordance with the approved accounting standards subject to any specifications, guidelines or regulations as may be issued by the authorities.
(6) The information in the accounts or consolidated accounts of persons reporting to the authorities as referred to in section 26D of the Financial Reporting Act 1997 shall be deemed to have complied with the requirements of this Division if the financial statements are made out in accordance with that law.
(7) If a conflict or inconsistency arises between the provisions of an applicable approved accounting standard and this Act in their respective applications to the financial statements of a company or consolidated financial statements of a holding company, the provisions of the applicable approved accounting standard shall prevail.

SECTION 245 COMPANIES ACTS 2016 : ACCOUNTS TO BE KEPT

(1) A company, the directors and managers of a company shall-
(a) Cause to be kept the accounting and other records to sufficiently explain the transactions and financial position of the company And enable true and fair profit and loss accounts and balance sheets and any documents required to be attached thereto to be prepared.


(b) Cause the accounting and other records to be kept in a manner as to enable the accounting and other records to be and properly audited.
(2) A company, the directors and managers of a company shall cause appropriate entries to be made in the accounting and other records within sixty days of the completion of the transactions to which the entries relate.
(3) The company shall retain the records referred to in subsection (1) for seven years after the completion of the transactions or operations to which the entries relate.
(4) The records referred to in subsection (1) shall be kept at the registered office of the company or at such other place as the directors think fit, and shall at all times be open for inspection by the directors at all times.
(5) Notwithstanding subsection (4), the accounting and other records of operations outside Malaysia may be kept by the company at a place outside Malaysia provided that such accounting and other records shall be sent to and kept at a place in Malaysia and be made available for inspection by the directors at all times.
(6) The accounting and other records referred to in subsection (5) shall include such statements and returns with respect to the business dealt with in the records so kept as to enable the preparation of true and fair financial statements and any documents required to be attached to the financial statement.
(7) If any accounting and other records are kept at a place outside Malaysia under subsection (4) or (5), the Registrar may require the company to produce those records at a place in Malaysia or determine the type and manner of the records to be kept in Malaysia.
(8) The Court may, in any particular case, order that the accounting and other records of a company be open to inspection by an approved company auditor acting for a director, subject to a written undertaking given to the Court that information acquired by the auditor during his inspection shall not be disclosed by him except to that director.
(9) The company and every officer who contravene this section commit an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

SECTION 248 COMPANIES ACTS 2016 : DIRECTORS SHALL PREPARE FINANCIAL STATEMENTS

(1) The directors of every company shall prepare financial statements-
(a) Within eighteen months from the date of its incorporation
(b) Subsequently, within six months of its financial year end.


(2) The financial statements referred to in subsection (1) shall be duly audited before the financial statements are sent to every member under section 257 and laid before an annual general meeting under section 340.

(3) Any director of the company who contravenes this section commits an offence and hall,on conviction, be liable to a fine not exceeding five hundred thousand ringgit or imprisonment for a term not exceeding one year or both,

“Financial statements” has the same meaning as set out in the approved accounting standards issued or approved by the Malaysia Accounting Standard Board under the Financial Reporting Act 1997.

SECTION 68: DUTY TO LODGE ANNUAL RETURN


(1) A company shall lodge with the Registrar an annual return for each calendar year not later than thirty days from the anniversary of its incorporation date.
(2) The requirement under subsection (1) is not applicable to a company in the calendar year which it is incorporated.
(3) The annual return of a company shall contain the following particulars:
(a) The address of its registered office.
(b) The nature of its business.
(c) The address of the places where its business is carried on including branch, if any.
(d) The address at which its register of members is kept, if not kept at the registered office
(e) The address at which its financial records are kept, if not kept at the registered office.
(f) In the case of a company with a share capital the summary of its shareholding structure including debentures.
(g) The total amount of its indebtedness.
(h) The particulars of directors, managers, secretaries and auditors.
(i) The list of its member.
(j) Such other information as the Registrar may require.
(4) The Registrar shall have the power to determine the form and manner in which the annual return is to be lodged.
(5) The annual return shall be signed by a director or secretary of the company.
(6) If the particulars required under subsection (3) are unchanged from the last preceding annual return, the company shall be allowed to lodge a statement signed by a director or a secretary certifying that there is no change in any of the matters stated from previous years.
(7) A public company which has more than five hundred members and provides reasonable opportunities and facilities for a person to inspect and take copies of its list of members and its particulars of shares transferred need not comply with the requirement underparagraph (3)(i) if it is included in the annual return-
(a) A certificate by the secretary that the company is of a kind to which this subsection applies and
(b) A list showing the prescribed particulars of the twenty largest holders of each class of equity shares.
(8) The Registrar may strike a company off the register as provided in section 549, if the company fails to lodge an annual return for three or more consecutive years.
(9) The company and every officer who contravene this section commit an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and in, the case to continuing offences, to further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.

 

 

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