Section 7
Financial structure of the successor company
of Postal Services (Successor Company) Act 1991
(1)
If the Minister of Finance, after consultation with the
Minister, so directs at any time before the successor company ceases to be wholly owned by the Government of Malaysia, such sum, not
Postal Services (Successor Company) 11
exceeding the accumulated realized profits of the Postal Department,
Malaysia, as may be specified in the direction shall be carried by the company to a reserve, which in this section is referred to as “the statutory reserve”.
(2)
The statutory reserve may only be applied by the successor company in paying up unissued shares of the company to be allotted to members of the company as fully-paid bonus shares.
(3)
For the purposes of any statutory accounts of the successor company, the value of any asset or right or the amount of any liability of the Postal Department, Malaysia, taken to have been vested in the company by virtue of section 3 shall be taken to be the value or, as the case may be, the amount assigned to the asset, right or liability in the statement of accounts prepared by the Postal Department,
Malaysia, in respect of the last complete accounting year of the Postal
Department, Malaysia, ending before the vesting date.
(4)
For the purposes of any statutory accounts of the successor company, the amount to be included in respect of any item shall be determined as if anything done by Postal Department, Malaysia, whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision of reserve, or otherwise, had been done by the successor company.
(5)
Without prejudice to the generality of subsection (4), the amount to be included from time to time in any reserves of the successor company as representing its accumulated realized profits shall be determined as if any profits realized and retained by the
Postal Department, Malaysia, had been realized and retained by the successor company.
(6)
References in this section to the statutory accounts of the successor company are references to any accounts prepared by the successor company for the purposes of any provision of the
Companies Act 1965.
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Laws of Malaysia ACT 466
(7)
For the purposes of the section, “complete accounting year”
means an accounting year ending with 31 December or a period to be determined by the Minister of Finance.