P.U.(A) 80/1993
COMPANIES (AMENDMENT) REGULATIONS 1993 - P.U.(A) 80/1993
Regulation 5. Amendment of Second Schedule.
The Second Schedule to the principal Regulations is amended-
(a) by deleting Form 1;
(b) by deleting Form 2';
(c) by deleting Form 7;
(d) by renumbering the existing paragraph (7) in Form 13A as paragraph (8) and inserting the following new paragraph (7):
"7, The nature of the business carried on or to be carried on by the company...........................;
(e) by deleting Form 14;
(f) by substituting for Form 32A the following form:
"FORM 32A
COMPANIES ACT 1965
(Section 103 (I)
" FORM OF TRANSFER OF SECURITIES
 | 1. Name of Company:
(In Block Letters) | Signature of transferor(s) |
|
| 2. Number of Units ( In Figures & Words) | Description of Securities | Certificate Number(s) |
|
Signed, sealed and delivered in the presence of
Signature
Name
Address
Occupation
Signed, sealed and delivered in the presence of
Signature
Name
Address
Occupation |
| 3.Name of Transferor(s):
(In Block Letters)
(Hereinafter Called "Transferor") |
| 4.Identity Card/Passport/Company No: |
| 5.Name & Address of Transferee(s):
(In Block Letters)
(Hereinafter Called "Transferee") |
| 6. Particulars of Transferee (See Columns below): |
Signature of transferee(s) |
|
(If Transferee is a Person)
| (If Transferee is a Body Corporate)
|
| *Identity Card/* Passport No. | Company No. / Registration No. |
-----------------------------
----------------------------- | ---------------------------
---------------------------
|
| Nationality | Place of Incorporation |
--------------------------
------------------------- | ---------------------------
--------------------------- |
|
|
| Race (If Malaysian): | Type of Body Corporate: |
| --------------Malay | ........Government Agencies/Institution/ |
| -------------- | ........Statutory Bodies |
| --------------Chinese | ........Controlled by Malaysians |
| -------------- | ........(Malays/Natives) |
| --------------Indian | ........Controlled by Malaysians |
| ------------- | ........(Non- Malays/Non-Natives) |
| --------------Others(Specify) | ........Controlled by Non-Malaysians |
| -------------- | -------------- |
¶ *I am/*We are nominee(s) of a person resident in .......(country). | Signed, sealed and delivered
in the presence of
Signature
Name
Address
Occupation
Signed, sealed and delivered
in the presence of
Signature
Name
Address
Occupation
The consideration sum set forth in a Transfer may differ from that which the first seller will receive owing to sub-sales by the original buyer; the Stamp Ordinance requires that in such cases the consideration money paid by the sub-purchaser shall be the one inserted in the form, as regulating ad valorem duty (Stamp Ordinance 1949). Please refer to item 32 (b), First Schedule of the Stamp Ordinance 1949 for the stamp duty chargeable on sale of any stock, shares or marketable securities. If the transferor or transferee is a body corporate, the execution of this instrument must be done in accordance with the provision of the constitution of its incorporation.
A husband must not witness the signature of his wife or vice versa.
* Strike out whichever is inapplicable.
¶ Delete if inapplicable
** Also state colour & type/ Also state country |
| 7.In consideration of the sum herein mentioned, *1 /*We, the transferor, hereby transfer to the transferee the securities referred to in paragraphs I and 2 hereof and *I/*We, the transferee, hereby accept the transfer of the said securities. |
| Consideration Sum (in words): Ringgit Consideration Sum
(In Malaysian Ringgit) $
|
| 8. Dated this..............day of ...........................19............. |
(g) by deleting Form 33;
(h) by inserting immediately after paragraph 9 in Form 34 the following new paragraphs 10 and 11:
"10. Some salient covenants or terms and conditions in the instrument of charge:
11. The instrument of charge or a copy thereof is kept at the registered office of the company and is open to the inspection of any creditor or member of the company without fee or of any other person on the payment of a fee of $2.00.";
(i) by deleting Form 37;
(j) by deleting Form 38;
(k) by substituting for Form 40 the following form:
"FORM 40
COMPANIES ACT 1965
(Section 111(2)
Company No:
CERTIFICATE OF REGISTRATION OF CHARGE
This is to certify that a charge dated the........................ day of......... 19 .........., created by .............................................. in favour of............................... to secure the amount stated in the Statement of Prescribed Particulars in respect of the charge dated the ..................................... day or............................, 19.............., has been registered and numbered ......................, in the Register of Charges.
Given under my hand and seal, at................................ this......................day of........19.............
.............................................
Registrar of Companies".
(I) by inserting immediately after Form 40 the following new Forms 40A and 40B:
"FORM 40A
COMPANIES ACT 1965
(Section 112A(1)
Company No:
NOTICE OF ASSIGNMENT OF CHARGE
................................................. (Name of Company)
1. Notice is hereby given that on the.............................day of............................. 19.............. * I.................................... of....................................... /*............................................................. (Name of corporation)
became the holder of a registrable charge on the property of.. ......................................(Name of corporation).
2. Particulars of the charge are as follows: (1)
Dated this............. day of..... 19............
.......................................
Signature (2)
_____________________________________________________________________________________
* Strike out whichever is inapplicable.
(1) Set out sufficient particulars to enable the charge to be identified. including the date on which the charge was created, the registered number (if any) of the charge, the date on which any notice was lodged and the name and address of any previous holder of the charge.
(2) State capacity in which person signs. If a corporation has acquired the charge, a director or secretary or the principal executive officer of the corporation, or in the case of a foreign company, the agent of the foreign company, may sign the notice.
"FORM 40B
COMPANIES ACT 1965
(Section 112A(2)
Company No:
NOTICE OF VARIATION IN TERMS OF CHARGE
.............................................................(Name of Company)
1. Notice is hereby given that on the................day of............. 19.......... the terms of a registrable charge on the property of.. ......................................................(Name of corporation) were varied.
2. Particulars of the charge are as follows: (1)
3. Particulars of the variation in the terms of the charge are as follows: (2)
4. *The instrument of charge or a copy thereof is kept at the registered office of the company and is open to the inspection of any creditor or member of the company without fee or of any other person on the payment of a fee $2.00.
*The variation was not effected by an instrument.
Dated this............... day of................ 19............
.........................................
Signature (3)
___________________________________________________________________________________
* Strike out whichever is inapplicable.
(1) Set out sufficient particulars to enable the charge to be identified, including the date on which the charge was created, the registered number (if any) of the charge, the date on which any notice was lodged and the name and address of any previous holder of the charge.
(2) Particulars are required of any variation that has the effect -
(a) increasing the amount of the debt or increasing the liabilities (whether present or prospective) secured by the charge; or
(b) prohibiting or restricting the creation of subsequent charges on the property.
(3) State capacity in which person signs, If a corporation has acquired the charge, a director or secretary or the principal executive officer of the corporation, or in the case of a foreign company. the agent of the foreign company, may sign the notice,";
(m) by deleting Form 45;
(n) by inserting immediately after paragraph (5) in Form 48A the following new paragraph (6):
"(6) I hereby consent to act as director of (Nama Syarikat)";
(o) by inserting immediately after Form 48A the following new forms 48B, 48C dan 48D:
| "FORM 48B
COMPANIES ACT 1965
(Section 139B(1) |  |
APPLICATION FOR COMPANY SECRETARY'S LICENCE
Application is made for Company Secretary's Licence under the Companies Act 1965 and the following statements are made in respect thereof:
* NOTE: If space is insufficient to provide details, please attach annexure(s). Any such annexure(s) should be identified in accordance with Regulation 6A.
A. (i) Name of applicant : ......................................................................................( In Block Letters)
NRIC No.: ............................................................................................
(ii) Residential address: ...................................................................................
...................................................................................
Tel. No....................................................
(iii) Office address: ...................................................................................
...................................................................................
Tel. No.: ......................................
(iv) Date and place of birth: ......................................
(v) Male/Female: ......................................
B. Academic or professional qualification ...................................................................................
........................................................................................................................................
(Please attach photocopy of certificate of qualification)
C. Years of experience in Secretarial practice.
(Please attach relevant documentary/evidence relating to the experience.) |  |
D. Details of one person with whom the applicant has had regular contact over the past five years and of whom the Registrar may enquire regarding the applicant's character.
E. Declaration:
I .......................................................................................... do solemnly and sincerely declare that:
(a) I am not an undischarged bankrupt;
(b) I have not been convicted whether within or without Malaysia of any offence-
(i) in connection with the promotion, formation or management of a corporation;
(ii) involving fraud or dishonesty punishable on conviction with imprisonment for three months or more; or
(iii) under section 132, 132A or 303,
within a period of five years preceding the date of this declaration;
(c) all information given in this application and in the attached annexure(s) (if any) is true and correct.
Dated this ..................................day of..................... 19............
.........................................
Signature of Applicant
FOR THE REGISTRY'S USE ONLY
Remarks | Date Approved | Date Rejected | Licence Number | Officer |
| | | | |
ANNEXURE A
LIST OF COMPANIES WHEREBY APPLICANT IS APPOINTED AS SECRETARY
No. | Company Number | Name of Company | Appointment Date | Office Use |
|
| | | |
NOTE:
This annexure is to be completed and attached to Form 48B.
FORM 48C
COMPANIES ACT 1965
(Section 139B (4) (5))
| Licence On:
| | Licence Expired On:
|
APPLICATION FOR RENEWAL OF COMPANY SECRETARY'S LICENCE
Application is made for renewal of Company Secretary's Licence No.: .............................. issued on ......................... under the Companies Act 1965 and the following statements are made in respect thereof:
A. (a) Full name of licensee: ...............................................................................
(b) Residential address: ...............................................................................
...............................................................................
...............................................................................
Tel. No.: ...........................................
(c) Office address: ...............................................................................
...............................................................................
...............................................................................
Tel. No.: ...........................................
B. Declaration:
I .................................................................. do solemnly and sincerely declare that:
(a) I am not an undischarged bankrupt;
(b) I have not been convicted whether within or without Malaysia of any offence-
(i) in connection with the promotion, formation or management of a corporation;
(ii) involving fraud or dishonesty punishable on conviction with imprisonment for three months or more; or
(iii) under section 132, 132A or 303.
within a period of five years preceding the date of this declaration;
(c) all information given in this application and in the attached annexure(s) (if any) is true and correct.
Dated this ................................... day of................... 19.................
...........................................
Signature of Applicant
FOR THE REGISTRY'S USE ONLY
Remarks | Date Approved | Date Rejected | Licence Number | Officer |
| | | | |
_________________
FORM 48D
COMPANIES ACT 1965
(Section 1398 (3))
Licence No.:
COMPANY SECRETARY'S LICENCE
.............................................................. NRIC No.: ............................................. of...................................... is licensed under the Companies Act 965 as a Company Secretary subject to the following conditions:
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
Unless previously cancelled this licence wiIi remain in force until the............................. day of....................... 19...............
..................................................
Registrar of Companies " ;
______________________________________________________________________________(p) by deleting the asterisk and the following paragraph (b) appearing in Form 56:
"*(b) the company keeps its principal share register at a place within twenty-five kilometres of the office of the Registrar of Companies",
and the footnote;
(q) by inserting an asterisk immediately before the word "liquidator(s)" wherever it appears in Forms 70, 71, 72, 73 and 74 and inserting the words "/ *provisional liquidators" immediately after it; and
(r) by deleting Form 87 A.
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