Pages - Companies Act 2016 PDF

9/13/2019 Pages - Companies Act 2016
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Corporate Portal - Companies Act 2016
Companies Act 2016
Practice Directive
No Practice Directive Format
1. Practice Directive 1/2017 PDF
2. Amendment of Practice Directive 1/2017 PDF (uploaded 18/4/2017)
3. Amendment of Practice Directive 1/2017 (No. 2) PDF (uploaded

20/4/2018)
4. Practice Directive 2/2017 - Notification of Change in the Business Address and/or Nature of Business (superseded by Practice Directive PDF (updated 29/09/2017)
2/2017 (Revised))
5. Practice Directive 3/2017 – Qualifying Criteria For Audit Exemption For Certain Categories Of Private Companies PDF (uploaded
5/9/2017)
6. Practice Directive 4/2018 – Documents under Division 8, Part III of the Companies Act 2016, the Lodgement Requirements and Related Matters PDF (uploaded 1/3/2018)
7. Amendment of Practice Directive 2/2017 (superseded by Practice Directive 2/2017 (Revised) PDF (uploaded
10/7/2018)
8. Amendment of Practice Directive 4/2018 PDF (uploaded 7/11/2018)
9. Practice Directive 2/2017 (Revised) PDF (uploaded

3/12/2018)
10. Practice Directive 5/2018 – Lodgement of Annual Return and Changes or Updates of Particulars of a Company to be Lodged in the Annual PDF (uploaded 3/12/2018)
Return
Practice Note
No Practice Note Format
1. Companies Act 2016 : Practice Note No. 2/2018: Circumstances and Procedures for Rectification of Documents Lodged and Registered with the Companies PDF
Commission of Malaysia
2. Companies Act 2016: Practice Note No. 1/2017: Clarification On The Utilization Of Credit Standing In The Share Premium Accounts And The Capital Redemption PDF
Reserves Under Section 618
3. Companies Act 2016 : Practice Note No. 3/2018: Clarification on Application for Extension of Time under the Companies Act 2016 PDF
4. Companies Act 2016 : Practice Note No. 4/2018: Procedures on Resignation of Secretary under Section 237 of the Companies Act 2016 PDF
5. Companies Act 2019 : Practice Note No. 5/2019: Queries Issued on Documents and Applications Lodged with the Registrar PDF
Guideline
No Guidelines Format
1. Guidelines on Names PDF
2. Guidelines on CLBG, Checklist for CLBG (1-8), Sample of Constitution, Examples (1-5) PDF (updated 8/1/19)
3. Guidelines Asset Management (section 556 and 558), Form 14A, Letter of Indemnity PDF
4. Guidelines For Striking Off Section 549, Appendix 1, Appendix 2, Appendix 3, PDF (updated 19/4/2019)
Appendix 4
5. Guidelines For Striking Off Section 549(d), Appendix 1, Appendix 2, Appendix 3, PDF (updated 19/4/2019)
Appendix 4
https://www.ssm.com.my/Pages/Legal_Framework/Companies-Act-2016.aspx 1/8
No Guidelines Format
6. Guidelines For Application To Reinstate Company Under Section 555(1) Of The PDF
Companies Act 2016
7. Guidelines For Corporate Rescue Mechanism Under Division 8 Part III of the PDF (uploaded on 5/12/18)
Companies Act 2016
8. Guidelines Relating To Practising Certificate For Secretaries Under Section 241 Of The PDF (uploaded on 14/3/2019)
Companies Act 2016
LEGISLATIONS
No Legislation Format
1 Companies Act 2016 (Reprint) PDF
2 Companies Regulations 2017 PDF
3 Appointment of Date of Coming into Operation (except section 241 and Division 8 Part III of the CA 2016) PDF
4 Prescription of Amount of Indebtedness of Company PDF
5 Direction of the Minister under paragraph 26(1)(d) and section 564 PDF
6 Companies (Amendment) Regulations 2018 PDF
7 Appointment of Date of Coming into Operation (Division 8 Part III of the CA 2016) PDF
8 Companies (Corporate Rescue Mechanism) Rules 2018 PDF
9 Prescription of Recognized Professional Body under section 433(5) of the CA 2016 PDF
10. Appointment of Date of Coming into Operation (section 241 of the CA 2016) PDF
11. Companies (Practising Certificate For Secretaries) Regulations 2019 PDF
12. Companies (Amendment) Bill 2019 (tabled in Dewan Negara on 31 July 2019) PDF
FAQs
FAQS ON COMPANIES ACT 2016 AND TRANSITIONAL ISSUES

FAQS ON THE COMPANIES ACT 2016 (ACT 777) [BACKGROUND TO THE REVIEW PROCESS AND NEW MALAYSIAN COMPANIES ACT]
FAQS ON THE COMPANIES (AMENDMENT) BILL 2019
DOCUMENTS TO BE LODGED WITH THE REGISTRAR/ FOR EXECUTION BY DIRECTORS, OFFICERS OR MEMBERS OF A COMPANY UNDER THE COMPANIES ACT 2016.
Schedule A
No Section Form Form under Companies Act 1965 Format
1 Users’ Registration PDF
2 14 Application for Registration PDF
3 27(1) & (4) Application for Availability of Names and Reservation PDF
4 32 Lodgement of constitution (For Incorporation of new Company) PDF
5 51 Notification of change in the Register of Members PDF
6 78 Return for allotment of shares PDF
7 58 & 236(2) Notification of Appointment of First secretary PDF
Schedule B
Form
under
Companies
No Section Form Act 1965 Format (PDF) Format (Word)
1 27(3) Appeal to Minister against decision of Nil PDF Word

Registrar
2 28 Application for change of name Form 13A & PDF Word

11
Form
under
Companies
3 32 Lodgement of constitution (For adoption of Memorandum PDF Word (uploaded on 13/6/2017)

new Constitution by existing companies) and Articles
of Associaton
4 36 Notification of Alteration or Amendment to Form 11 PDF Word (updated as at 19/6/2017)

Constitution Form 11
5 37 Notification of Alteration or Amendment to Form 11 PDF Word

Constitution (Court copy)
6 40 Notice of conversion from an unlimited Form 11 PDF Word

company to a limited company
7 41(1) Notice of conversion from a public company Form 11 PDF Word

to a private company
8 41(2) Notice of conversion from a private company Form 11 & 18 PDF Word
to a public company
9 45 Application by CLBG for Minister’s approval Form 10 & 15 PDF Word

(appendix A)
10 45 Lodgement of Application by CLBG for Form 10 & 15 PDF Word

Registrar’s approval (appendix B)
11 45 Application by CLBG for Minister’s approval Form 10 & 15 PDF Word

(existing CLBG)
12 46 Notification for change in the registered Form 44 PDF Word

address
13 47(2) Notification where registers or records are Nil PDF Word

not kept at the registered address
14 47(3) Notification of change in the address where Nil PDF Word (updated as at 29/4/19)
registers or records are kept
15 50(2) Notification of conversion of shares into Nil PDF Word

stock
16 53(2) Notification where Branch Register is kept or Form 54 PDF Word

change in the address
17 55(3) Notice to close Register of Members Form 53A PDF Word
18 58 Notification of change in the Register of Form 49 PDF Word

Directors, Managers and Secretaries
19 60(2) Notification of issuance of debentures Nil PDF Word
20 68 Annual Return of company having share Schedule 8 PDF Word

capital
21 68 Annual Return of company not having share Form 55 PDF Word

capital
22 68(6) Annual Return (Unchanged in Particulars) Nil PDF Word (updated as at 6/3/2018)
23 72 Notice of redemption of preference shares Form 27 PDF Word (updated as at 08/12/2017)
24 76 Notice of approval for allotment of shares or Nil PDF Word

grant of rights
25 84 Notification of alteration of share capital Form 11 PDF Word
26 94 Lodgement of Court Order to confirm or Nil PDF Word

disallow variation of class rights
27 95 Notification of Variation of Class Rights Form 11 PDF Word (updated as at 21/2/2018)
28 113 Solvency Statement (to be lodged prior to Nil PDF Word (updated as at 13/3/2017)
the lodgement of notification under S72(6)
(b))
29 117 Notice of proposed reduction of share capital Form 11 PDF,(updated as at 21/7/2017) Word (updated as at 21/7/2017),
PDF Word (uploaded on 10/10/2017)
(uploaded on 10/10/2017)
30 119(1) Notice of reduction of share capital Nil PDF Word (updated as at 8/5/2017)
Form
under
Companies
31 119(2) Notice of reduction of share capital where Nil PDF Word

objection was dismissed or received
32 127(16) Notice of Shares Buy Back by a Company (to Form 28A PDF Word
make a declaration under S113(5))
33 127 Notice of Sale or Cancellation of Treasury Form 28B PDF Word (updated as at 20/11/2017)
Shares
34 137, 138, Notice of Interest of a Substantial Form 29A PDF Word (updated as at 18/1/2019)
139 & 141 Shareholder
35 154 Application for Registration of Prospectus Nil PDF Word
36 161 Application for Relief from Requirement as to Nil PDF Word

Form and Contents of Prospectus
37 165(1) Information Memorandum deemed to be Nil PDF Word

Prospectus
38 166(1) Registration of Supplemental or Replacement Nil PDF Word

Prospectus
39 178(5) Notice of appointment of a successor to a Nil PDF Word

trustee
40 189(1) Lodgement of Statement in lieu of Schedule 6 PDF Word

Prospectus
41 190(3) & Statutory Declaration on Entitlement to Form 18 PDF Word (updated as at 14/1/2019)

(4), 41(2)(c) Commence Business by a Public
Company/Conversion of Company Status
from Private Company to Public Company
42 232(4) Notice of situation where contract of service Nil PDF Word

of directors are kept
43 237(2) Notice of Intention to Vacate the Office of Form 48E PDF Word
Secretary
44 241 Registration to Act as Secretary Nil Section 241 of the Companies Act 2016 Section 241 of the Companies Act 2016
comes into operation on 15 March 2019. comes into operation on 15 March 2019.
Applications must be submitted online. Applications must be submitted onine
through https://esecretary.ssm.com.my. through https://esecretary.ssm.com.my.
45 247(3) Application for Approval for Different Nil PDF Word (updated as at 30/1/2018)
Accounting Periods for Companies in the
same group
46 255 Application for Relief from the form and Nil PDF Word
contents of the financial statements and
directors’ report
47 259(2) Notice of Extension of time to lodge financial Form 51A PDF Word
statements and reports
48 260 Lodgement of certificate relating to exempt Nil PDF Word

private company
49 265(1) Registration of firms of auditor Form 5 PDF Word
50 265(4) Notification of changes in particulars of an Form 5 PDF Word

audit firm
51 268 & 272 Application to request Registrar to appoint Nil PDF Word
auditor
52 277 Notification of Special Notice to Remove Nil PDF Word

Auditor
53 278 Notification to Remove Auditor form Office Nil PDF Word
54 282 Notice of resignation of auditor to the Nil PDF Word

Registrar
55 284 Cessation of Office by Auditor Nil PDF Word
56 340(1) Extension of Time for Holding of Annual Nil PDF Word

General Meeting
57 352 Statement of Particulars to be Lodged with Form 34 PDF Word (updated as at 10/4/2017)

Charge
Form
under
Companies
58 355(1), (2) Statement containing particulars of a series Form 35 PDF Word

& (3) of debentures
59 355(2) & Particulars when more than one issue is Form 36 PDF Word
(3) made of debentures in a series
60 359(1) Notice of Assignment of Charge Form 40A PDF Word
61 359(2) Notice of Variation in terms of charge Form 40B PDF Word
62 360(1) Memorandum Where Property or Form 42 PDF Word

Undertaking Is Released Form Registered
Charge or Has Ceased To Form Part of
Company’s Property or Undertaking
63 360(1) Memorandum of Satisfaction of Registered Form 41 PDF Word

Charge
64 360(2) Statutory Declaration Verifying Form 43 PDF Word (updated as at 19/4/2019)

Memorandum
65 360(2) Evidence of Satisfaction of Charge/Release or Form 42B PDF Word

Property or Part of Property From Charge
66 370(2)(d) Company dissolved without winding up Nil PDF Word
67 377 Notice of Appointment of Receiver Form 59 PDF Word
68 379 Notice of Cessation of Office by Receiver or Form 60 PDF Word

Manager
69 391(1) Accounts of Receipts and Payments by Form 63 PDF Word

Receiver or Receiver and Manager
70 396 Notification of Commencement of the Nil PDF Word (uploaded on 2/3/2018)

Moratorium for voluntary Arrangement
71 400(7) Notification of Results of Creditors’ Meetings Nil PDF Word (uploaded on 2/3/2018)

and Meeting of Members
72 401(2) Notification of Replacement of nominee Nil PDF Word (uploaded on 2/3/2018)
73 406(3) Notification of Application for the Extension Nil PDF Word (uploaded on 2/3/2018)
of Judicial Management Order
74 408(1) Notification for Advertisement of Notice of Nil PDF Word (uploaded on 2/3/2018)

the Application for Judicial Management
Order
75 408(2) Notification of Application for Judicial Nil PDF Word (updated as at 14/8/2018)

Management Order
76 413 Notification of Appointment of new Judicial Nil PDF Word (uploaded on 14/8/2018)
Manager
77 417 & Notification for the discharge of judicial Nil PDF Word (updated as at 25/1/2019)
Subdivision manager
2, Division
8
78 418(1)(a) Notification of Notice of Judicial Nil PDF Word (updated as at 14/8/2018)

Management Order
79 418(1)(a) Notification of Extension of Judicial Nil PDF Word (updated as at 8/3/2018)

Management Order
80 419(5) Notification of Company's Statements of Nil PDF Word (updated as at 14/8/2018)

Affairs at the Date of the Judicial
Management Order
81 420(1)(a) Notification of Statement of Proposals Nil PDF Word (updated as at 8/3/2018)
82 421(4) & Notification of Results of the Creditors’ Nil PDF Word (updated as at 8/3/2018)
423(5) Meeting
83 421(7), Notification for the Discharge of Judicial Nil PDF Word (updated as at 25/1/2019)
424(3) & Management Order
425(5)
84 439(2)(a) Notice of Resolution (Creditors’ Winding up) Nil PDF Word
Form
under
Companies
85 439(2)(a) Notice of Resolution (Members’ Winding up) Nil PDF Word
86 440(1) Statutory Declaration of inability of company Nil PDF Word

to continue business and that meeting of the
company and its creditors have been
summoned
87 443 Declaration of Solvency Form 66 PDF Word
88 447(4) Notice of Holding of Meeting of Creditors Form 68 PDF Word
89 459(3) Return by Liquidator relating to final Meeting Form 69 PDF Word
90 459(6) Differing the date of dissolution (voluntary Nil PDF Word

winding up)
91 474(1) Notice of the winding up order and Form 65 PDF Word

particulars of liquidator
92 484(1), Affidavit verifying statement of affairs Form 62 PDF Word

360(2)
93 484, 388, Statement of Affairs Form 61 PDF Word (updated as at 14/3/2017)

390
94 491 Orders of release of Dissolution (release) Nil PDF Word
95 491 Orders of release of Dissolution Nil PDF Word
96 492 Stay of winding up Nil PDF Word
97 493 Termination order Nil PDF Word
98 513(1) Notice of Appointment and Address of Form 70 PDF Word

Liquidator (Court Winding Up)

Liquidator (Creditors’ Winding Up)

Liquidator (Voluntary Winding Up)
101 513(1) Notice of Change of Liquidator’s Address Form 73 PDF Word
102 513(3) Notice by Liquidator of Resignation or Form 74 PDF Word

Removal From Office
103 514(1) Liquidator’s account of receipts and Form 75 PDF Word

payments and statements
104 535 Void dissolution Nil PDF Word
105 550 Application to strike of company Nil PDF Word (updated as at 21/6/2017)
106 552 Notice of intention to object the striking off Nil PDF Word
of a company
107 553 Notice to withdraw striking off application Nil PDF Word
108 562(1) Application for Registration of Foreign Form 79 & 80 PDF Word (updated as at 24/7/2018)
Company
109 563(2), (3) Change of Particulars of Foreign Company’s Form 85 & PDF Word (updated as at 24/7/2018)
& 567(1)(c) Agent 85A
110 566(2) Notice of Situation of Registered Office and Form 44 PDF Word (uploaded as at 24/7/2018)
Office Hours of Foreign Company in Malaysia
111 567(1)(a), Particulars of change or alteration relating to Form 44, 79, PDF Word (updated as at 24/7/2018)
(b), (d), (e), foreign company 81, 82, 84, 86
(f), (g)
112 567(3) Notice of Increase of Share Capital by Nil PDF Word

Foreign Company
113 575(1) Statutory Declaration Verifying Financial Form 87 PDF Word

Statement of Foreign Company
114 575(7) Application for waiver by foreign company Nil PDF Word
115 576 Annual Return of Foreign Company Form 80A PDF Word
116 578(1) Notice by Foreign Company of Cessation of Form 90 PDF Word (updated as at 13/12/2017)
Business
Form
under
Companies
117 578(3) Notice by Agent of Foreign Company of Form 91 PDF Word

Liquidator or Dissolution of Company
118 602 Rectification of Register Nil PDF Word (updated as at 4/6/2018)
119 609 Application for Extension of time for lodging Nil PDF Word (updated as at 12/4/2017)
Document with Registrar
(Application for Extension of time other than
S259(2) and S340(1))
120 618(8) or Notice of share capital Nil PDF Word (updated as at 7/3/2019)
(9)
121 Para 5 Notification of Withdrawal of Consent to Nil PDF Word (updated as at 14/8/2018)

Seventh Act as Nominee
Schedule
122 Para 10(a) Notification for Advertisement of Nil PDF Word (uploaded on 2/3/2018)
& (c)Eight Commencement of Moratorium for Voluntary
Schedule Arrangement
123 Para 12(a) Notification for Advertisement of the end of Nil PDF Word (updated as at 14/8/2018)
& (b) Eight Moratorium
Schedule
124 Subdivision Notification on orders of Court pursuant to Nil PDF Word (uploaded on 14/8/2018)
1, Division application under Division 8 of Part lll
8 Part lll
125 Subdivision Notification on orders of Court Pursuant to Nil PDF Word (uploaded on 14/8/2018)
2, Division application under Division 8 of Part lll
8 Part lll
126 Subdivision Application of Judicial Management Order Nil PDF Word (uploaded on 14/8/2018)
2, Division (Information Update)
8 Part lll
127 PD2/2017 Notification of Change in the Business Nil PDF Word (updated as at 29/9/2017)
Address and/or Nature of Business
Schedule C
Form under Companies Format

No Section Form Act 1965 (PDF) Format (Word)
1 105 Instrument of Transfer of Shares Form 32A PDF Word (updated as at

13/3/2017)
2 113 Solvency Statement (to be made for the purposes of S126 & S127) Nil PDF Word
3 137 Notice of Interest of Substantial Shareholder Form 29A PDF Word
4 138 Change in Interest Substantial Shareholder Form 29B PDF Word
5 139 Notice of Person Ceasing to be a Substantial Shareholder Form 29C PDF Word
6 142 Notice To Non-Residents As To Requirements Relating To The Disclosure Of Form 29D PDF Word (uploaded as at
Substantial Shareholdings 13/3/2017)
7 201 Declaration by Person before Appointment as Director Form 48A PDF Word (updated as at
01/11/2018)
8 236(3) Declaration by Person before Appointment as Secretary Form 48F PDF Word (updated as at
9/8/2017)
9 397(1) Terms of Proposed Voluntary Arrangement and Company’s Statements of Affairs Nil PDF Word (updated as at
(b) 14/8/2018)
10 397(2) Statement on prospect of Proposals for a Voluntary Arrangement Nil PDF Word (updated as at
14/8/2018)
Form under Companies Format

No Section Form Act 1965 (PDF) Format (Word)
11 398(1) Consent to Act as Nominee Nil PDF Word (updated as at

(d) 14/8/2018)
12 418(2) Company’s Statement of Affairs at the date of the Judicial Management Order Nil PDF Word (updated as at
14/8/2018)
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9/13/2019 Pages - Companies Act 2016

CR  Career Training Academy  Gallery  FAQs Contact Us

Home About SSM  Services  Products  Legal Framework  Publication 

Corporate Portal - Companies Act 2016

Companies Act 2016

No Practice Directive Format

1. Practice Directive 1/2017 PDF

2. Amendment of Practice Directive 1/2017 PDF (uploaded 18/4/2017)

3. Amendment of Practice Directive 1/2017 (No. 2) PDF (uploaded

8. Amendment of Practice Directive 4/2018 PDF (uploaded 7/11/2018)

9. Practice Directive 2/2017 (Revised) PDF (uploaded

No Practice Note Format

1. Guidelines on Names PDF

1 Companies Act 2016 (Reprint) PDF

2 Companies Regulations 2017 PDF

4 Prescription of Amount of Indebtedness of Company PDF

6 Companies (Amendment) Regulations 2018 PDF

8 Companies (Corporate Rescue Mechanism) Rules 2018 PDF

11. Companies (Practising Certificate For Secretaries) Regulations 2019 PDF

FAQS ON COMPANIES ACT 2016 AND TRANSITIONAL ISSUES

No Section Form Form under Companies Act 1965 Format

1 Users’ Registration PDF

2 14 Application for Registration PDF

4 32 Lodgement of constitution (For Incorporation of new Company) PDF

5 51 Notification of change in the Register of Members PDF

6 78 Return for allotment of shares PDF

7 58 & 236(2) Notification of Appointment of First secretary PDF

1 27(3) Appeal to Minister against decision of Nil PDF Word

2 28 Application for change of name Form 13A & PDF Word

3 32 Lodgement of constitution (For adoption of Memorandum PDF Word (uploaded on 13/6/2017)

4 36 Notification of Alteration or Amendment to Form 11 PDF Word (updated as at 19/6/2017)

5 37 Notification of Alteration or Amendment to Form 11 PDF Word

6 40 Notice of conversion from an unlimited Form 11 PDF Word

7 41(1) Notice of conversion from a public company Form 11 PDF Word

9 45 Application by CLBG for Minister’s approval Form 10 & 15 PDF Word

10 45 Lodgement of Application by CLBG for Form 10 & 15 PDF Word

11 45 Application by CLBG for Minister’s approval Form 10 & 15 PDF Word

12 46 Notification for change in the registered Form 44 PDF Word

13 47(2) Notification where registers or records are Nil PDF Word

15 50(2) Notification of conversion of shares into Nil PDF Word

16 53(2) Notification where Branch Register is kept or Form 54 PDF Word

17 55(3) Notice to close Register of Members Form 53A PDF Word

18 58 Notification of change in the Register of Form 49 PDF Word

19 60(2) Notification of issuance of debentures Nil PDF Word

20 68 Annual Return of company having share Schedule 8 PDF Word

21 68 Annual Return of company not having share Form 55 PDF Word

22 68(6) Annual Return (Unchanged in Particulars) Nil PDF Word (updated as at 6/3/2018)

23 72 Notice of redemption of preference shares Form 27 PDF Word (updated as at 08/12/2017)

24 76 Notice of approval for allotment of shares or Nil PDF Word

25 84 Notification of alteration of share capital Form 11 PDF Word

26 94 Lodgement of Court Order to confirm or Nil PDF Word

27 95 Notification of Variation of Class Rights Form 11 PDF Word (updated as at 21/2/2018)

PDF Word (uploaded on 10/10/2017)

31 119(2) Notice of reduction of share capital where Nil PDF Word

35 154 Application for Registration of Prospectus Nil PDF Word

36 161 Application for Relief from Requirement as to Nil PDF Word

37 165(1) Information Memorandum deemed to be Nil PDF Word

38 166(1) Registration of Supplemental or Replacement Nil PDF Word

39 178(5) Notice of appointment of a successor to a Nil PDF Word

40 189(1) Lodgement of Statement in lieu of Schedule 6 PDF Word

41 190(3) & Statutory Declaration on Entitlement to Form 18 PDF Word (updated as at 14/1/2019)

42 232(4) Notice of situation where contract of service Nil PDF Word

48 260 Lodgement of certificate relating to exempt Nil PDF Word