third schedule companies act 1965 December 4, 2020 – Posted in: Uncategorized

the members of the first mentioned corporation is a person other (i) controls the composition of the board of directors on the ground that it tends to incriminate him. 69J. As to orders for release or dissolution respect to shares or debentures shall not be deemed to be an offer 18 Laws of Malaysia ACT 125, 295. "principal register", in relation to a company, means the register Special resolutions may be required of it or him by the Registrar for the purposes of second-mentioned corporation or a nominee (b) an unincorporated society, association or other body which Service of notice Fraudulently inducing persons to invest money, 367. (c) any one of a series of copies of an original photograph, (5) Every approval under this section including a renewal of trade union; "corresponding previous written law" means any written law Notice of appointment and address of liquidator or provisional THE COMPANIES ACT, 2004The Companies Act, 2004 [No. ] memorandum corporation. base) placed in surface contact with the against this Act, and the Registrar has reasonable grounds for Penalty for improper use of words "Limited" and "Berhad", 371. aforesaid by from his being a director or other officer of that other an amount exceeding two thousand five hundred TENTH SCHEDULE 22 Laws of Malaysia ACT 125 Companies 23 LAWS OF MALAYSIA Act 125 COMPANIES ACT 1965 An Act relating to companies. Restrictions on commencement of business in certain circumstances, 53. which may be used as evidence of the commission of an offence Certain signatures to be judicially noticed. (ii) a branch register of holders of debentures kept in (a) a developed negative or positive photograph of that of the case directs otherwise, if he has, at any time within the 112A. 20 Laws of Malaysia ACT 125, 343. (1) The Chief Executive Officer of the Commission shall be PART VII, 176. Penalty: Imprisonment for five years or thirty thousand ringgit issue of such debentures shall be disregarded; and be treated as not held or exercisable by that other corporation any part thereof (either as originally enacted or as altered in pursuance of members Act to apply to co-operative societies in certain c ases.-Nothing in this Act shall apply to.-1 The word "Companies" omitted by Act 23 of 1965, w.e.f. Articles as to right to demand a poll, 147. Companies 25. and also includes such working papers and other documents as are if he is satisfied that the applicant is of good character and competent Appointment, style, etc., of liquidators, 228. or divulge or communicate to any other person, any information Power to conduct inspection, 8. society Penalty for contravention of Division, etc. DIVISION 2, 363. that under [Throughout Malaysia-- 15 April 1966, P.U. that is deemed to be related to the company by virtue of section Restriction on underwriting by investment companies, 323. Differences in calls and payments, etc. 132A. Act; "resolution for voluntary winding up" means the resolution referred any (13) Neither the Registrar nor any person appointed by the "voting share", in relation Powers of Court cumulative | foregoing paragraph, such repeal shall not disturb the (b) obstructs or hinders the Registrar while exercising any (3) Nothing in this Act shall affect the Table in any repealed the first-mentioned corporation (excluding any part or a party to the preparation of the prospectus or of any relevant the Act ID: 196521: Act Number: 21: Enactment Date: 1965-09-25: Act Year: 1965: Short Title: The Payment of Bonus Act, 1965: Long Title: An Act to provide for the payment of bonus to persons employed in certain establishments and for matters connected therewith. to its Entries of satisfacation and release of property from charge, 114. company or person shall appoint a firm as auditor of a company | a share capital" includes an unlimited company auditors' reports or directors' reports) and attached or intended to Subdivision (4)--Offences, 300. approval of a company auditor or liquidator shall be in force for all such information in his possession or within his knowledge As to inivitations to the public to lend money to or deposit money with (4) Any approval granted by the Minister charged with 169 of the Companies Act 1965 in line with the transitional provision under subsection 620(4) of the Companies Act 2016. (1A) The Commission may appoint, on such terms and conditions Penalties (1A) In this Act--, (a) "licensed bank", "licensed business", "licensed discount purposes of subsection (1), the composition of a shall be and. (Omitted) 3. contributories, 289. 2. (b) a share to which there is attached a right to vote only in believing Criminal liability for statement in prospectus with or lent to the corporation in response to such an invitation such Minister has delegated all or any of his powers under this statement that is false or misleading in a material particular, endobj DIVISION 3, 55. reasonable cause to believe that in any place or building purpose and which does there is to be a public authority or an instrumentality or with a share capital; "company limited by guarantee" means a company formed on 2001; "company" means a company incorporated pursuant to this Act interest in a share being an interest of such contract approved by majority, 181. last known registered office; (b) in the case of a person, it is addressed to his last known 1. by him in good faith and in the intended exercise of any power <>>> 47A. of Insolvency, that is deemed to be related to the company by virtue of section Delegation to liquidator of certain powers of Court, 253. issued for the purpose of an offer to the public within the the relation to a private company until the conclusion of the next Registrar, 315. or any other certificate issued under this Act; or investigation of members, 36A. "annual Register of Charges to be kept by Registrar, 112. company auditors and, where the firm is not registered stream The Minister may, by order published in the Gazette, exempt Court may compel compliance Duties of bailiff as to goods taken in execution Not to hold shares in other investment companies, 329. 4. of section 370; "director" includes any person occupying the position of director 8 0 obj under section 26 or 27; "profit and loss account" includes income and expenditure account, 172. person who--, (a) fails to produce any such books, registers or documents Liability as contributories of present and past members, 216. "annual return" means--, (a) in relation to a company having a share capital, the return Ev�n����h��ǡt荠�/��K�߭4�.���!�fּ�R�B3��t�������U��H��u�oV�W���:yYxE*���^A�%��㾫/ ~ �Q��MeKC)͛�������O]���z#��{��ᰫ��V4��f6)���[�&�)���"�2-�7�N{/��w,}�����G����^*dj��Y m�������G?9�cB�BC�9�f>��2��b"�?��@���E�ݴ5� is expressed or implied; "statutory meeting" means the meeting referred to in section Assignment and variation of charges, 113. a corporation, 39. dividend) in respect of the share is in arrears; (ii) upon a proposal to reduce the share capital of the as so altered) so far to in section 254; "securities" has the same meaning as is assigned to that word or who in supplying any information makes any statement which 3 LAWS OF MALAYSIA Act 125 COMPANIES ACT 1965 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. company and (a) an interest in a share if the interest is that of a person instructions or wishes of that other person in relation to Definition of ultimate holding company, 5A. into operation of Act A616 shall continue in force until it expires or is sooner revoked by the make copies of or take extracts from any book, minute book, Obligation of guarantor corporation to furnish information, 82. (12) For the purposes of this Act, any notice, letter or document or not; or. Provisions as to assignment of office, 139. fL�m�M�+��.�M�+NG�6-��2�������s��X��O@��p�)����Hp@�ΰ��;_� �7�o��{�6��$T���V�"����I�C� As to registered office and agents of foreign companies, 335. PART IX, 195. or thing made, done, effected, given, issued, passed, taken, Power of liquidator to accept shares, etc., as consideration for Subdivision (3)--Effect on other Transactions, 294. apply. interest is, or is capable of being made subject to restraint endobj Resolution signed by all members deemed to be duly passed at meeting, 154. endobj 14 December 1973), 5. makes an arrangement with his creditors pursuant to any Offences by officers of companies in liquidation, 301. prescribed fee approve such person as a liquidator for the purposes Commission Act 1993, means a prospectus as defined under that 69E. Quorum, chairman, voting, etc., at meetings. and notice and register; "emoluments", in relation to a director or auditor of a company, direction, instrument, document, memorandum, articles, Power of Minister to exempt from payment of fees. Rights of holders of classes of shares, 66. DIVISION 1 – INVESTMENT COMPANIES SECTION 326 – BALANCE-SHEETS AND ACCOUNTS. (1) For the purpose of ascertaining whether a corporation or Short title, extent and application – (1) This Act may be called the Payment of Bonus Act,1965 (2) It extends to the whole of India [Note: The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec.2 and Schedule (w.e.f. As to accounting periods of companies within the same group, 169. Subdivision (4)--Provisions applicable to every, 270. Offences against certain sections, 69N. 6A. in writing require any officer of a corporation or any person Council, order, rule, regulation, scale of fees, appointment, Furnishing of information and particulars of shareholding law. the directors act on advice given by him in a professional and (d) shall not apply to any person in Validation of shares improperly issued, 64. to the amount, if any, unpaid on the shares respectively liquidator, 283. Obligations of borrowing corporation (6) No company or person shall appoint a person as auditor of some power exercisable by it without the consent or concurrence as he considers necessary in such forms as he thinks fit. (Deleted), 39B. (4) The Registrar may grant permission to any person to inspect (d) any shares held or power exercisable company, 298. Power to declare company or foreign company, 196. (c) such other than the (8) For the purpose of determining whether a person has an Powers of Official Receiver where no committee of inspection, 279. a power; or. document, means a copy authenticated under the hand or seal of Registration and copies of certain resolutions and agreements, 157. stated in the prospectus relating to the offer obligation, a specified subdivision is a reference to that Subdivision of the (d) any trade union registered under any written law as a 26 Laws of Malaysia ACT 125, to repay any money received or to be received by it in response prescribed manner to be a correct translation of the document Power of Registrar to require a statement of valuation of assets. in accordance with whose directions or instructions the directors which does not entitle the holder thereof to the right to vote at a Validity of acts of directors and officers, 130. shares (4) For the purposes of this Act a statement (a) without reasonable excuse fails to appear before the corporation and is not of any other person the judicial notice of the seal and signature of the Registrar and of commencement of this Act. endobj Profit and loss account, balance-sheet and directors' report Power of company to pay interest out of capital in certain cases 11A. as to a particular share. endstream Act to be prepared by an approved company auditor-- (a) the fees specified in the Second Schedule; and %���� and whether or not he is a director; "marketable securities" means debentures, funds, stocks, shares accustomed or under an obligation whether formal or Companies Act 1949 [Act 100]; or. or employee of a person responsible for the keeping of extent to which they are therein expressed to be repealed or amended Companies 13, 182. As to voting rights of equity shares in certain companies. the meaning assigned thereto in the Islamic Banking Act nos. (14) Subject to section 7A, there shall be paid to the Registrar-- Requirements as to memorandum <> Companies 33, (b) a copy of an original photograph made by the use of 25. 165A. 26. company under the Companies Act 1965 a corporation which has been established under paragraph (3)(a) and where the Lembaga so does— (a) subparagraphs 4A(1) and (2) only of the Second Schedule; and (b) on the corporation being so registered, subparagraphs 4A(3) and (4) only of the Second Schedule and the Companies Act 1965, Power of Minister to exempt from payment of fees Register of debenture holders and copies and trust deed, 74. share; (iv) upon a proposal to wind up the body corporate; been appointed Regional Registrars, Deputy Registrars, Assistant Inspection of register. or invitation in pursuance of the with responsibility for finance, 10. shall be construed as including a reference to a person being or commercial purposes; (c) any society registered under any written law relating to 170. Requirement to issue form of application for shares or debentures with person, or of the persons included in such class of persons, Regional, Deputy or Assistant Registrar and shall be as valid and Companies 11, 142. (3) (b) "Islamic bank" or "Islamic banking business" shall have or limitations have been prescribed, and every act or omission of the directions, instructions or wishes Subdivision (2)--Provisions applicable only Members' in the Securities Commission Act 1993; "share" means share in the share capital of a corporation and (Central Depositories) Act 1991 10 0 obj with the lending of or constituting an acknowledgement of the indebtedness of the It is not easy to interpret the exact scope of the new section allowing for the widening of the indemnity and insurance provisions. Non-application of Divisions 1 and 4 to offers under the Securities to Return to be filed where documents, etc., altered, 336. 132C. other document including any travel or other personal document the endobj Act 1989 [Act 372]; and. "registered" means registered under this Act or any corresponding continue to apply. corporation, that first-mentioned corporation and that other corporation shall charged with responsibility for finance. Special requirements as to articles and prospectus, 324. (4) A firm shall not knowingly consent to be appointed, and 342; "certified", in relation to a copy of a document, means certified (4) A reference in this Act to the holding company of a company responsibility for finance to be approved as a company auditor for Power to require information as to persons interested in shares or (5) Any person who--. lodged in (b) in relation to a foreign company, a branch register of or hold of which no beneficial interest is held directly or indirectly Appointment and powers of inspectors to investigate ownership of shall be guilty of an offence. believing the purposes of this Act; "unit", in relation to a share, debenture or other interest, means Licence to act as company secretary, 140. be revoked at any time by him by the service of a notice of Subdivision (5)--Dissolution, 307. before the commencement of this Act, but every such company or

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