Section 13 — AKTA SYARIKAT LABUAN 1990

(2)

Any officer, member, debenture-holder, director or liquidator of a Labuan company or a foreign Labuan company, or any other person having the written permission of such officer, member, debenture-holder, director or liquidator or who can demonstrate to the

Authority that he has a good reason for doing so, may, subject to this

Act and on payment of the prescribed fee —

(a)

inspect any document filed or lodged with the Authority in respect of the company; or

(b)

require any certificate to be issued under this Act or a copy or extract from any document in respect of the company to be given or given and certified by the Authority.

(3)

A copy of or extract from any document filed or lodged at the office of the Authority, certified to be a true copy or extract under the hand and seal of the Authority, shall, in any proceedings, be admissible in evidence as of equal validity with the original document.

(4)

In any legal proceedings—

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(a)

a certificate under the hand and seal of the Authority that, at a date or during a period specified in the certificate, no company was registered under this Act by a name specified in the certificate shall be received as prima facie evidence that at the date or during that period, as the case may be, no company was registered by that name under this Act; and

(b)

a certificate under the hand and seal of the Authority that a requirement of this Act specified in the certificate —

(i)

had or had not been complied with at a date or within a period specified in the certificate; or

(ii)

had been complied with at a date specified in the certificate but not before that date, shall be received as prima facie evidence of matters specified in the certificate.

(5)

If the Authority is of the opinion that a document submitted for lodgement with the Authority —

(a)

contains matter contrary to law;

(b)

contains matter that, in a material particular, is false or misleading in the form or context in which it is included;

(c)

by reason of an omission or misdescription has not been duly completed;

(d)

does not comply with the requirements of this Act; or

(e)

contains an error, alteration or erasure, the Authority may refuse to register or receive the document and may request—

(f)

that the document be appropriately amended or completed and re-submitted;

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(g)

that a fresh document be submitted in its place; or

(h)

where the document has not been duly completed, that a supplementary document in the prescribed form be lodged.

(6)

The Authority may require a person who submits a document for lodgement with the Authority to produce to the Authority such other document, or to furnish to the Authority such information, as the Authority thinks necessary in order to form an opinion whether the Authority may refuse to receive or register the document.

(6A)

The registration or receiving of a document, or the refusal to register or receive a document, by the Authority shall not —

(a)

affect the validity of the document; or

(b)

create a presumption as to the correctness of the information contained in the document.

(6B)

Subject to subsections (6C) and (7), the Authority may remove a document already lodged with it if the Authority has reasonable grounds to believe that the document is contrary to law or does not comply with the material requirements of this Act.

(6C)

The Authority shall provide the person who lodged the document referred to in subsection (6B) an opportunity to show cause as to why the document should not be removed.

(7)

Any person aggrieved by the refusal of the Authority to register a Labuan company or a foreign Labuan company or to register or receive any document, or by any act or decision of the

Authority, may appeal within thirty days of the decision of the

Authority to the Minister, who may confirm the refusal, act or decision or give such directions in the matter as he deems proper or otherwise determine the matter but this subsection shall not apply to any act or decision of the Authority—

(a)

in respect of which any provision in the nature of appeal or review is expressly provided in this Act; or

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(b)

which is declared by this Act to be conclusive or final or is embodied in any document declared by this Act to be conclusive evidence of any act, matter or thing.

(8)

If a Labuan company or a foreign Labuan company or person, having made default in complying with—

(a)

any provision of this Act or of any other law which requires the lodging or filing in any manner with the Authority of any return, account or other document or giving of notice to the Authority of any matter; or

(b)

any request of the Authority to amend or complete and re-submit any document or submit a fresh document, fails to make good the default within thirty days after the service on the company or person of a notice requiring it to be done, the

Authority may order the company and any officer thereof or such person to make good the default within such time as is specified in the order.

(9)

The Authority may, if in its opinion it is no longer necessary or desirable to retain them, destroy or give to the National

Archives—

(a)

in the case of a Labuan company or a foreign Labuan company—

(i)

any return of allotment of shares for cash which has been lodged or filed for not less than seven years;

(ii)

any annual return or balance sheet that has been lodged or filed for not less than seven years or any document creating or evidencing a charge or the complete or partial satisfaction of a charge where a memorandum of satisfaction of the charge has been registered for not less than seven years; or

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(iii)

any other document (other than the memorandum and articles or any other document affecting them) which has been lodged, filed or registered for not less than seven years;

(b)

in the case of a Labuan company or a foreign Labuan company that has been dissolved or has ceased to be registered for not less than seven years and six months, any document lodged, filed or registered; or

(c)

any document a transparency of which has been incorporated with a register kept by the Authority.