Section 1 to 50 of Malaysian Companies Act, 1965

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This page deals with the Section 1 to 50 of Malaysian Companies Act, 1965.

Contents

Part I: Preliminary

  • Section 1: Short title
  • Section 2: (Omitted)
  • Section 3: Repeals
  • Section 4: Interpretation
  • Section 5: Definition of subsidiary and holding company
  • Section 5A: Definition of ultimate holding company
  • Section 5B: Definition of wholly-owned subsidiary
  • Section 6: When corporations deemed to be related to each other
  • Section 6A: Interests in shares

Part II: Administration of Act

  • Section 7: Registrar of Companies, etc.
  • Section 7A: Power of Minister to exempt from payment of fees
  • Section 7B: Power to conduct inspection
  • Section 7C: Power to conduct investigation
  • Section 7D: Power to call for examination
  • Section 8: Company auditors and liquidators to be approved by Minister charged with responsibility for finance
  • Section 9: Company auditors
  • Section 10: Disqualification of liquidators
  • Section 11: Registers
  • Section 11A: Electronic filing of documents
  • Section 12: Enforcement of duty to make returns
  • Section 13: Relodging of lost registered documents

PART III: CONSTITUTION OF COMPANIES

DIVISION 1: INCORPORATION

  • Section 14: Formation of companies
  • Section 14A: Prohibition of registration of company limited by guarantee with a share capital
  • Section 15: Private company
  • Section 16: Registration and incorporation
  • Section 17: Membership of holding company
  • Section 18: Requirements as to memorandum

DIVISION 2: POWERS

  • Section 19: Powers of a company
  • Section 20: Ultra vires transactions
  • Section 21: General provisions as to alteration of memorandum
  • Section 22: Names of companies
  • Section 23: Change of name
  • Section 24: Omission of “Berhad” in name of charitable and other companies
  • Section 25: Registration of unlimated company as limited, etc.
  • Section 26: Charge from public to private and from private to public company
  • Section 27: Default in complying with requirements as to private companies
  • Section 28: Alterations of objects in memorandum
  • Section 29: Articles of association
  • Section 30: Adoption of Table A of Fourth Schedule
  • Section 31: Alteration of articles
  • Section 32: As to memorandum and articles of companies limited by guarantee
  • Section 33: Effect of memorandum and articles
  • Section 34: Copies of memorandum and articles
  • Section 35: Form of contracts
  • Section 36: Prohibition of carrying on business with fewer than statutory minimum of members

PART IV: SHARES, DEBENTURES AND CHARGES

DIVISION 1: PROSPECTUSES

  • Section 36A: Non-application of Divisions 1 and 4 to offers under the Securities Commission Act 1993
  • Section 37: Requirement to issue form of application for shares or debentures with a prospectus
  • Section 38: As to inivitations to the public to lend money to or deposit money with a corporation
  • Section 39: Contents of prospectuses
  • Section 39A: (Deleted)
  • Section 39B: Relief from requirements as to from and content of a prospectus
  • Section 40: Certain advertisements deemed to be prospectuses
  • Section 41: As to retention of over-subscriptions in debenture issues
  • Section 42: Registration of prospectus
  • Section 42A: Supplemental prospectus
  • Section 43: Document containing offer of shares for sale to be deemed prospectus
  • Section 44: (Deleted)
  • Section 45: Expert’s consent to issue of prospectus containing statement by him
  • Section 46: Civil liability for misstatements in prospectus
  • Section 47: Criminal liability for statement in prospectus
  • Section 47A: Power of Minister to exempt
  • Section 47B: Exempted offers

DIVISION 2: RESTRICTIONS ON ALLOTMENT AND COMMENCEMENT OF BUSINESS

  • Section 48: Prohibition of allotment unless minimum subscription received
  • Section 49: Application moneys to be held in trust until allotment
  • Section 50: Restriction on allotment in certain cases

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