Regulation 13. Amendment of Second Schedule (e) (Continue). ( COMPANIES (AMENDMENT) REGULATIONS 1986

P.U. (A) 16/86
COMPANIES (AMENDMENT) REGULATIONS 1986

Regulation 13. Amendment of Second Schedule (e) (Continue).

Certificate to be given by all Companies

A certificate in the form set out hereunder shall be given by a director and a secretary of every company and annexed to this form.

CERTIFICATE

We hereby certify, in relation to .................................................................................................. (Name of company) that-

(a) the shares referred to in this return were allotted pursuant to a resolution of the *directors/*members made on.............;

(b) the shares so allotted do not exceed the authorized capital of the company which is $ .............................divided into

⁽⁵⁾

................. shares of $ ................................... each;

(c)* the allottees have agreed and have not withdrawn their agreement to take up the shares so allotted;

(c)* the shares were allotted to the allottees on applications received from them for shares in the company;

(c)* the shares were allotted as fully paid bonus shares to the existing shareholders;

(d) the total issued capital of the company now stands at ................ shares of $ ....................... each and the paid-up capital is $ ................................ ; and

(e)*

⁽⁶⁾

by virtue of section 54 (2), paragraph 3 of this form is not completed as:

(i) the company has more than five hundred members;

(ii) the company keeps its principal share register at a place within twenty-five kilometres of the office of the Registrar of Companies

⁽⁷

⁾

.................................................... ;

(iii) the company provides reasonable accommodation and facilities for persons to inspect and take copies of its list of members and its particulars of shares transfered;

*(iv) the shares referred to in this return were allotted for cash;

*(iv) the shares referred to in this return were allotted for a consideration other than cash and the number of persons to whom the shares have been allotted exceeds five hundred; and

(v)(a) the number of shares allotted to citizens who are Malays and Natives

(b) the number of shares allotted to citizens who are Malays and non-Natives

(d) the number of shares allotted to bodies corporate controlled by citizens who are Malays and Natives

(e) the number of shares allotted to bodies corporate controlled by citizens who are non-Malays and non-Natives

(f) the number of shares allotted to bodies corporate controlled by non-citizens

TOTAL : ___________________

Dated this .......................................day of................................. 19 .........

....................................................
Director

.................................................
Secretary

____________________________________________________________________________________
* Strike out whichever is inapplicable.

(1) Shares subscribed for in the Memorandum shall be deemed to have been allotted as at the date of incorporation under section 54 (6) and must be included in the first return.

(2) Were the capital of the company is divided into shares of different classes, the class of shares to which each share comprised in the allotment belongs is to be stated. In the case of the first return, shares subscribed for in the Memorandum are to be cluded in this return and ideniified as such.

(3) If the allotment is made for shares fully paid or partly paid-up otherwise than in cash pursuant to a contract in writing, the company shall lodge with the return the contract evidencing the entitlement of the allottee or a copy of any such contract certified in accordance with regulation 7 (4).

(4) Where. by virtue of section 54 (2), a eompany is not required to furnish the particulars under paragraph 3 of this form, the certificate to be given by all companies must include paragraph (e) set out thereunder.

(5) Where the capital of the company is divided into shares of different classes the division of the authorized capital into shares of various classes must be specifically stated.

(6) Paragraph (e) of the certificate need not be certified if paragraph 3 of this form is completed.

(7) Insert name of town/city where the office of the Registrar is located.

(8) It Malaysian. only indicate the race of the allottee.

(9) Please state in respect of a Malaysian the number of his identity card and its relevant type i.e. Blue l/C-(B), Red l/C-(R), Military I/D-(Z). Police I/D-(M).

DIRECTIONS

In making a return of allotment under section 54 of the Companies Act 1965, it is to be noted that-

(a)

where shares are allotted for consideration other than cash, the return should be accompanied by the contract [see section 54 (3) and (4)] or if there is no contract in writing, by a statement made in accordance with Form 25:

(b)

when a return includes several allotments made on different dates, the dates of onlv the first and the last of such allotments should be entered at the beginingof the form, and the lodgement of the return should be effected within one month of the first date:

(c)

when a return relates to one allotment made on a particular date, that date should be inserted.

(l)

by substituting for Form 29A the following form:

FORM 29A

Companies Act 1965
(Section 69E (1))

NOTICE OF INTEREST OF SUBSTANTIAL SHAREHOLDER

To,

................................... (NAME OF COMPANY)

*I/*We hereby give notice that *l/we *am a/*are substantial shareholder(s) and *I/*we give below the information, particulars and circumstances as required by section 69E-

_______________________________________________________________________________

Particulars of Substantial Shareholder

_______________________________________________________________________________

Name:	l/C No./Passport No.:
Address:	Nationality:

_______________________________________________________________________________

Full Particulars of Voting Shares

Date interest acquired^†	Name and address of registered holder^‡	No. of shares or amount of stock^Ų	Full particulars of each interest and of circumstances by reason of which the substantial shareholder has interest^§

Dated this .......................................day of................................. 19 .........

..................................................................
Signature of Substantial
Shareholder^#

_________________________________________________________________________________

* Strike out whichever is inapplicable.

† If a person was a substantial shareholder on the date on which the new Division 3A of Part IV of the Companies Act 1965 came into operation, the date the interest is acquired should be that date.

‡ The name and address of each person registered as holder of the voting shares in which the interest is held must be stated. If none, state accordingly.

Ų When the shares are of different classes state clearly the class of voting shares in which the interest is held.

§ Please see section 6A of the Companies Act 1965 in relation to the definition of "interest in a share", section 69H of the Companies Act 1965 as regards circumstances by reason of which a person has an interest in a share and regulation 8B of these Regulations.

# If the substantial shareholder is a body corporate. this notice shall be signed by a director or secretary of the body corporate.