Finance (No. 2) Act 2023 · Updated to 29 Dec 2023 · Chapter 12
199. Responsibilities for doing all acts and things of Constituent Entity
Feedback & supportFor the purposes of this Part, the responsibility for doing all acts and things required to be done by or on behalf of a Constituent Entity for the purposes of this Act shall lie jointly and severally—
Constituent Entity
“Constituent Entity” means— (a) any Entity that is included in a Group; or (b) any Permanent Establishment of a Main Entity that is within paragraph (a) and which is treated as separate from the Main Entity and any other Permanent Establishment of that Main Entity, but does not include an Excluded Entity;
in the case of a Constituent Entity that is a company, with—
the manager or other principal officer in
Malaysia;
Finance (No. 2)
the directors;
the secretary; and
any natural person (however styled) exercising the functions of any of the natural person mentioned in the foregoing paragraphs; and
in the case of a Constituent Entity that is an arrangement that prepares separate financial accounts, such as a partnership or trust, with—
the manager;
the treasurer;
the secretary; and
the members of its controlling authority.
The liquidator of a Constituent Entity that is a company which is being wound up shall not distribute any of the assets of the Constituent Entity to its shareholders unless he has made provision (in so far as he is able to do so out of the assets of the Constituent Entity) for the payment in full of any tax which he knows or might reasonably expect to be payable by the Constituent Entity under this Part.
Any liquidator who fails to comply with subsection (2)
shall be liable to pay a penalty equal to the amount of the tax to which the failure relates.
Subsection 235(2) shall apply to a penalty imposed by subsection (3) of this section as it applies to a penalty imposed by subsection 225(5) or 227(2).
Responsibilities for doing all acts and things of limited liability partnership and business trust