Section 19 — LANGKAWI INTERNATIONAL YACHTING COMPANIES ACT 2005

(2)

Any officer, member, debenture holder, director or liquidator of a Langkawi company or foreign Langkawi company, or any other person having the written permission of such officer, member, debenture holder, director or liquidator or who can demonstrate to the Registrar 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 lodged or filed with the Registrar 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

Registrar.

(3)

A copy of or extract from any document lodged or filed at the office of the Registrar, certified to be a true copy or extract

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under the hand and seal of the Registrar, shall, in any proceedings, be admissible in evidence as of equal validity with the original document.

(4)

In any legal proceedings—

(a)

a certificate under the hand and seal of the Registrar 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 Registrar 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 the matters specified in the certificate.

(5)

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

(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 Registrar may refuse to register or receive the document and may request—

(f)

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

(g)

that a fresh document be submitted in its place; or

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(h)

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

(6)

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

(7)

Any person aggrieved by the refusal of the Registrar to register a Langkawi company or foreign Langkawi company or to register or receive any document, or by any act or decision of the Registrar, may appeal within thirty days of the decision of the Registrar 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 Registrar—

(a)

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

(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 Langkawi company or foreign Langkawi 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

Registrar of any return, account or other document or, the giving of notice to him of any matter; or

(b)

any request of the Registrar 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

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

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(9)

The Registrar may, if in his opinion it is no longer necessary or desirable to retain them, destroy or give to the

National Archives—

(a)

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

(i)

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

(ii)

any 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

(iii)

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

(b)

in the case of a Langkawi company or foreign Langkawi company that has been dissolved or has ceased to be registered for not less than fifteen years, any document lodged, filed or registered; or

(c)

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