Malaysia legislation

Section 67

of LABUAN LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS ACT 2010

Section 67

(a)

in the case of receivership of a Labuan limited liability partnership, the provisions of Part VIII (in so far as they relate to a company limited by shares) of the

*Companies Act 1965 shall apply; and

(b)

in the case of winding-up of a Labuan limited liability partnership, the provisions of Part X (in so far as they relate to a company limited by shares) of the *Companies

Act 1965 and the Companies (Winding-Up) Rules 1972, or section 68 shall apply.

*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016 [Act 777] which comes into operation on 31 January 2017—see subsection 620(1) of

Act 777.

Labuan Limited Partnerships and Limited

Liability Partnerships 61

(2)

The application of Part VIII and Part X (in so far as they relate to a company limited by shares) of the *Companies Act 1965, and the Companies (Winding-Up) Rules 1972 under subsection (1)

shall be subject to such modifications and adaptations as may be necessary, and in particular the following modifications:

(a)

references to a “company” shall be taken as references to a Labuan limited liability partnership;

(b)

references to a “director” or to a “member” of a company shall be taken as references to a partner of a Labuan limited liability partnership;

(c)

references to the “memorandum” and “articles of a company” shall be taken as references to the partnership agreement of a Labuan limited liability partnership;

(d)

references to a “resolution” of a company shall be taken as references to a determination or decision of a Labuan limited liability partnership; and

(e)

references to “shares” of a member of a company shall be taken as references to the partnership interest of a partner in the Labuan limited liability partnership.

Alternative procedure for voluntary winding-up of Labuan limited liability partnership

Section 67 — AKTA PERKONGSIAN TERHAD DAN PERKONGSIAN LIABILITI TERHAD LABUAN 2010