Malaysia legislation

Section 17

of *TRUSTEES (INCORPORATION) ACT 1952

Section 17

(a)

the incorporation was effected as a result of fraud or mistake or misrepresentation in any material particular;

Trustees (Incorporation) 13

(b)

the body or association of persons by whom the trustee or trustees constituting the body corporate are appointed is likely to be used for unlawful purpose or purposes prejudical to or incompatible with the security of

Malaysia or public order or morality in Malaysia or any part thereof;

(c)

the body or association of persons by whom the trustee constituting the body corporate are appointed is found to have pursued objectives other than those for which it originally established;

(d)

the body corporate has willfully contravened any provision of this Act or any regulations made under this

Act; or

(e)

if the body corporate does any or omits to do any act the doing or omission of which is an offence under any law and punishable with a fine of not less than one thousand ringgit or with imprisonment for a term of not less than one year or to both.

(2)

The Minister shall notify the body corporate of his intention to revoke the certificate of incorporation of the body corporate.

(3)

No certificate of incorporation shall be revoked under this section without the body corporate being given the opportunity to show cause in writing within a period of thirty days from the date of receipt of a notice to show cause as to why the certificate should not be revoked.

(4)

During the period specified in subsection (3), the Minister may by order in writing suspend all or any of the activities of the body corporate—

(a)

in order to restrain the body corporate from further infringing or violating any provision of this Act or any regulations made under this Act; or

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(b)

if he thinks it is necessary to do so in the interest of the public or of the body corporate or the body or association of persons by whom the trustee or trustees constituting the body corporate are appointed.

(5)

An order made under subsection (4) may contain such condititions as the Minister thinks necessary or expedient and shall continue to be in force until the order or the certificate of incorporation is revoked.

(6)

The revocation of the certificate of registration of any body corporate by the Minister under this section shall come into force on the date the notification of such revocation is communicated to the trustee, or if there is more than one trustee, at least one of the trustees, and it shall be final and conclusive.

Voluntary dissolution of body corporate