Malaysia legislation

Section 93

of LANGKAWI INTERNATIONAL YACHTING COMPANIES ACT 2005

Section 93

(2)

Every foreign company shall, prior to establishing a place of business or carrying on business in Langkawi, lodge with the

Registrar for registration—

(a)

a certified copy of the certificate of its incorporation or registration in its place of incorporation or origin, or a document of similar effect;

85

Langkawi International Yachting Companies

(b)

a certified copy of its charter, statute or memorandum and articles of association or other instrument constituting or defining its constitution;

(c)

a list of its directors and officers containing similar particulars with respect to its directors as are required to be contained in the register of the directors and officers of a Langkawi company under section 65;

(d)

where the list referred to in paragraph (c) includes directors resident in Langkawi who are members of the local board of directors, a memorandum duly executed by or on behalf of the foreign Langkawi company stating the powers of the local directors;

(e)

a memorandum of appointment or power of attorney under the seal of the foreign Langkawi company or executed on its behalf in such manner as to be binding on the company and, in either case, verified in the prescribed manner, stating the name and address of a management entity that is authorized to accept on its behalf service of process and any notice required to be served on the company; and

(f)

a statutory declaration in the prescribed form made by an officer of the management entity, and the Registrar may, on payment of the prescribed fees, and subject to this Act and any condition which he may impose, register the company under this Part as a foreign Langkawi company by registration of the documents.

(3)

The Registrar shall issue a certificate in the prescribed form in respect of every registration of a foreign Langkawi company, and the certificate shall be conclusive evidence that the requirements as to registration have been complied with.

(4)

Where a memorandum of appointment or power of attorney lodged with the Registrar in pursuance of paragraph (2)(e) is executed by a person on behalf of a foreign Langkawi company, a copy of the deed or document by which that person is authorized to execute the memorandum of appointment or power of attorney, verified by statutory declaration in the prescribed manner, shall be lodged with the Registrar and the copy shall for all purposes be regarded as an original.

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Act 643

(5)

A foreign Langkawi company shall pay an annual fee of such amount as may be prescribed not later than thirty days from 1 January of each calendar year.

Prohibition and restriction on foreign Langkawi companies