ACT 125

COMPANIES ACT 1965 (REVISED - 1973)

PART XI - VARIOUS TYPES OF COMPANIES, ETC.

DIVISION 1 - FOREIGN COMPANIES

Section 333. As to registered office and agents of foreign companies.

(1) A foreign company shall have a registered office within Malaysia to which all communications and notices may be addressed and which shall be open and accessible to the public for not less than five hours between the hours of nine o'clock in the morning and five o'clock in the evening each day, Saturdays, weekly and public holidays excepted. (1A) Every foreign company shall, within one month after it establishes a place of business or commences to carry on business within Malaysia, lodge with the Registrar for registration notice in the prescribed form, of the situation of its registered office in Malaysia and, unless the office is open and accessible to the public during ordinary business hours on each day (weekly and public holidays excepted), the days and hours during which it is open and accessible to the public. (2) An agent, until he ceases to be an agent in accordance with subsection (4), shall— (a) continue to be the agent of the company; (b) be answerable for the doing of all such acts, matters and things as are required to be done by the company by or under this Act; or (c) be personally liable to all penalties imposed on the company for any contravention of this Act unless he satisfies the court hearing the matter that he should be not so liable. (3) A foreign company or its agent may lodge with the Registrar a notice in writing stating that the agent has ceased to be the agent or will cease to be the agent on a date specified in the notice. (4) The agent in respect of whom the notice has been lodged shall cease to be an agent on the expiration of a period of twentyone days after the date of lodgment of the notice or on the date of the appointment of another agent the memorandum of whose appointment has been lodged in accordance with subsection (6), whichever is the earlier, but if the notice states a date on which he is to so cease and the date is later than the expiration of that period, on that date. (5) Where an agent ceases to be the agent and the company is then without an agent in Malaysia, if the company continues to carry on business or has a place of business in Malaysia it shall, within twenty-one days after the agent ceases to be an agent, appoint an agents. (6) On the appointment of a new agent the company shall lodge a memorandum of the appointment or power of attorney and a statutory declaration in accordance with subsection 332(1) and, if not already lodged in pursuance of subsection 332(2), a copy of the deed or document or power of attorney referred to in that section verified in accordance with that section.