Malaysia legislation

Section 74

of LANGKAWI INTERNATIONAL YACHTING COMPANIES ACT 2005

Section 74

(2)

A copy of every such resolution or agreement for the time being in force shall be embodied in or annexed to every copy of the memorandum, articles of association or prospectus, as the case may be, and where so varied, issued after the passing of the resolution or the making of the agreement.

(3)

Where the articles of association of a Langkawi company have not been registered, a printed copy of every such resolution or agreement shall be forwarded to any member at his request on payment of such amount (if any) not exceeding the amount prescribed, as the company directs.

74

Act 643

(4)

This section shall apply to—

(a)

special resolutions;

(b)

resolutions which have been agreed to by all the members of a Langkawi company, being resolutions which, if not so agreed to, would not have been effective for the purposes of the resolutions unless they had been passed as special resolutions;

(c)

resolutions or agreements which have been agreed to by all the members of the same class of shareholders, being resolutions which, if not so agreed to, would not have been effective for the purposes of the resolutions unless they had been passed by some particular majority or otherwise in some particular manner; and

(d)

all resolutions or agreements which effectively bind all the members of any class of shareholders whether agreed to by all members of that class or not.

(5)

If a Langkawi company fails to comply with subsection (1), the company and every officer of the company who is in default shall be guilty of an offence against this Act.

Penalty: Five thousand ringgit. Default penalty.

(6)

If a Langkawi company fails to comply with subsection (2)

or (3), the company and every officer of the company who is in default shall be guilty of an offence against the Act.

Penalty: Fifty ringgit for each copy in respect of which default is made.

(7)

For the purposes of subsections (5) and (6), a liquidator of a Langkawi company shall be deemed to be an officer of the company.

Minutes of proceedings