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ACT 125
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COMPANIES ACT 1965 (REVISED - 1973)
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PART V - MANAGEMENT AND ADMINISTRATION
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DIVISION 2 - DIRECTORS AND OFFICERS
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Section 141. Register of directors, managers and secretaries.
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(1) Every company shall keep at its registered office a register of its directors, managers and secretaries.
(2) The register shall contain with respect to each director his consent in writing to appointment as such and shall specify—
(a) his present full name, any former name, his usual residential address, his date of birth, and his business occupation, if any, and identification, if any; and
(b) particulars of any other directorships of public companies or companies which are subsidiaries of public companies held by the director, but it shall not be necessary for the register to contain particulars of directorships held by a director in a company that by virtue of section 6 is deemed to be related to that company.
(3) Where a person is a director in one or more subsidiaries of the same holding company it shall be sufficient compliance with subsection (2) if it is disclosed that the person is the holder of one or more directorships in that group of companies and the group may be described by the name of the holding company with the addition of the word "Group".
(4) The register shall specify with respect to each manager and secretary his full name, identification and residential address and other occupation, if any.
(5) The register shall be open to the inspection of any member of the company without charge and of any other person on payment of two ringgit, or such less sum as the company requires, for each inspection.
(6) The company shall lodge with the Registrar—
(a) within one month after incorporation, a return in the prescribed form containing the particulars required to be specified in the register;
(b) within one month after a person ceases to be, or becomes, a director of the company, a return in the prescribed form notifying the Registrar of the change and containing, with respect to each then director of the company, the particulars required to be specified in the register;
(c) within one month after a person becomes a manager or secretary of the company, a return in the prescribed form notifying the Registrar of that fact and specifying the full name, address and other occupation, if any, of that person;
(d) within one month after a person ceases to be a manager or secretary of the company, a return in the prescribed form notifying the Registrar of that fact; and
(e) within one month of any change in the name, residential address and other prescribed particulars of any director, manager or secretary a notice in the prescribed form notifying the Registrar of the new name, residential address and other prescribed particulars of that person.
(7) If default is made in complying with this section the company and every officer of the company who is in default shall be guilty of an offence against this Act.
Penalty: One thousand ringgit. Default penalty.
(8) A certificate of the Registrar stating that from any return lodged with the Registrar pursuant to this section it appears that at any time specified in the certificate any person was a director, manager or secretary of a specified company shall, in all courts and by all persons having power to take evidence for the purposes of this Act, be received as prima facie evidence of the facts stated therein and for the purposes of this subsection a person who appears from any return so lodged to be a director, manager or secretary of a company shall be deemed to continue as such until by a subsequent return so lodged or by a notification of change in the prescribed form so lodged it appears that he has ceased to be such a director, manager or secretary.
(9) In this section, "identification" means, in the case of any person issued with an identity card, the number of the identity card, in the case of a person not issued with an identity card, particulars of passport or such other similar evidence of identification as is available, if any.
(10) In this section "director" includes an alternate, substitute or local director.
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