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Maintenance of Malaysian Company

Update Date:2015-9-30 8:30:01 Source:Tannet (Malaysia) Sdn Bhd Views:854

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Generally, a local company is required to:

- Convene an annual general meeting (AGM) yearly;

- Lodge the annual return and audited accounts yearly;

- Lodge statutory documents when there are changes in the   registered particulars [Form 49- Return Giving Particulars in Register of Directors, Managers and Secretaries and Changes of Particulars], registered office [Form 44 - Notice of Situation of Registered Office and Office Hours and Particulars of Changes] or matter relating to share capital of the company [Form 24 - Return of Allotment of Shares], and

- Lodge various other statutory documents that need to be notified or registered with SSM (e.g. Form 11 (Notice of Resolution), Form 25 (Statement Containing Particulars of Shares Allotted Otherwise Than For Cash), Form 27 (Notice of Redemption of Redeemable Preference Shares), Form 28 (Notice of Increase in Share Capital) etc).

Annual Returns

Section 165 of the CA requires all companies to lodge the annual return within one (1) month of the AGM. The annual return of a company shall be in accordance with the Eighth Schedule of the CA. The annual return must include:

- a copy of the last audited accounts comprising the balance sheet and profit and loss accounts certified by a director, manager or secretary of the company (including every document required to be attached thereto); and

- a certified copy of the auditor’s report.

For an exempt private company which is solvent, the attachment of the audited accounts may be substituted by a certificate signed by a director, a company secretary and auditor stating that:

Accounts

Section 167 of the CA requires every company and the directors and managers thereof to keep such accounting and other records that would enable true and fair profit and loss accounts and balance sheets to be prepared from time to time. These accounts must be prepared in accordance with the approved accounting standards.


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