ACT 125

Section 332. Documents, etc., to be lodged by foreign companies having place of business in Malaysia.
(1) Every foreign company desiring to establish a place of business or to carry on business within Malaysia shall lodge with the Registrar for registration—

    (a) a certified copy of the certificate of its incorporation or registration in its place of incorporation or origin or a document of similar effect;

    (b) a certified copy of its charter, statute or memorandum and articles or other instrument constituting or defining its constitution;

    (c) a list of its directors containing similar particulars with respect to its directors as are by this Act required to be contained in the register of the directors, managers and secretaries of a company incorporated under this Act;

    (d) where the list includes directors resident in Malaysia who are members of the local board of directors, a memorandum duly executed by or on behalf of the foreign company stating the powers of the local directors;

    (e) a memorandum of appointment or power of attorney under the seal of the foreign company or executed on its behalf in such manner as to be binding on the company and, in either case, verified in the prescribed manner, stating the name and address of one or more persons resident in Malaysia, not including a foreign company, authorized to accept on its behalf service of process and any notices required to be served on the company; and

    (f) (Deleted by Act A616).

    (g) a statutory declaration in the prescribed form made by the agent of the company,

and the Registrar may on the payment of the appropriate fees and subject to this Act and any condition which he may impose register the company under this Division by registration of the documents.

(1A) The Registrar shall issue a certificate in the prescribed form of every registration of a foreign company and the certificate shall be conclusive evidence that the requirements as to registration have been complied with.

(2) Where a memorandum of appointment or power of attorney lodged with the Registrar in pursuance of paragraph (1)(e) is executed by a person on behalf of the company, a copy of the deed or document by which that person is authorized to execute the memorandum of appointment or power of attorney, verified by statutory declaration in the prescribed manner, shall be lodged with the Registrar and the copy shall for all purposes be regarded as an original.

(3) Subsection (1) shall apply to a foreign company which was not registered under the repealed Act but which, immediately before the date of commencement of this Act, had a place of business or was carrying on business within Malaysia and, on that date, has a place of business or is carrying on business within Malaysia, as if it established that place of business or commenced to carry on that business on that date.