Standards of Malaysia Act 1996 · Updated to 30 Apr 2012 · Part II · Vesting of Property, Etc., in Successor Company
3. Vesting
Official textFrom Laws of Malaysia Online, unchanged
The Minister may, by order published in the Gazette, appoint a vesting date and on that date, all such property, except those lands referred to in subsection (2), rights, liabilities and functions of the
Minister
“Minister” means the Minister for the time being charged with the responsibility for standards and accreditation;
Institute shall, by virtue of this Act, be transferred to and vested in the successor company without any conveyance, assignment or transfer whatever.
Institute
“Institute” means the Standards and Industrial Research Institute of Malaysia established under the Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975;
Any land held in the name of the Federal Lands Commissioner and which immediately before the vesting date is occupied by the
vesting date
“vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).
Institute shall continue to be occupied by the successor company under a lease at a rental and on such terms to be agreed upon by the
successor company
“successor company” means the company limited by shares incorporated under the Companies Act 1965 and named by the Minister in the order under subsection 3(1) to which property, rights, liabilities and functions of the Institute are transferred and vested in;
Federal Lands Commissioner and the successor company.
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Notwithstanding subsection (1), only the functions of the
Institute which under this Act are not vested in the Director General and any other body shall be transferred to the successor company.
Director General
“Director General” means the Director General of the Department of Standards appointed under section 9;
Every property vested by virtue of subsection (1) in the successor company shall be so vested in the company for the like title or interest as the same was vested or held immediately before the vesting date.
property
“property” includes— (a) all movable and immovable property and all interests, rights and liabilities, whether equitable or legal in, to or out of such property, chose in action, investments, money and goodwill; and (b) all rights and liabilities in respect of contracts in relation to the construction of buildings, and “vested”, in relation to property, includes rights to property which are future or contingent;
Every chose in action vested by virtue of subsection (1) in the successor company may, after the vesting date, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Institute to give notice to the person bound by the chose in action of the vesting effected by subsection (1).
Every right and liability vested by subsection (1) in the successor company may, on or after the vesting date, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Institute to give notice to the person whose rights and liabilities are affected by the vesting under subsection (1).
rights
“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
Any pending legal proceedings by or against the Institute which relate to any property, right and liability transferred to and vested in the successor company by virtue of subsection (1) may, on or after the vesting date, be continued by or against the successor company.
In the case of rights and liabilities arising under any loans which vest in the successor company on the vesting date, the company may enter into such arrangements or agreements over such rights and liabilities with the Government of Malaysia or any third party.
liabilities
“liabilities” means liabilities, debts, charges, duties, and obligations of every description (whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere);
On or after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the successor company under subsection (1) to which the Institute was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Institute, shall have effect as if the company had been a party to the agreement.
Notwithstanding subsection (9), any agreement entered into by the Institute, the subject matter of which relates to any matter falling
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within the powers and functions of the Director General under this
Act, shall, upon the vesting date devolve upon the Government and shall have effect as if the Government had been a party to the agreement.
Where by virtue of subsection (1), any property is transferred to and vested in the successor company, the provisions in Part Thirty of the National Land Code [Act 56 of 1965] shall, for the purpose of effecting the registration of such vesting, apply to the successor company, as if it were a public authority.
Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of the Department of Standards appointed under section 9;
Institute
Defined · s 2“Institute” means the Standards and Industrial Research Institute of Malaysia established under the Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975;
liabilities
Defined · s 2“liabilities” means liabilities, debts, charges, duties, and obligations of every description (whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere);
Minister
Defined · s 2“Minister” means the Minister for the time being charged with the responsibility for standards and accreditation;
property
Defined · s 2“property” includes— (a) all movable and immovable property and all interests, rights and liabilities, whether equitable or legal in, to or out of such property, chose in action, investments, money and goodwill; and (b) all rights and liabilities in respect of contracts in relation to the construction of buildings, and “vested”, in relation to property, includes rights to property which are future or contingent;
rights
Defined · s 2“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
successor company
Defined · s 2“successor company” means the company limited by shares incorporated under the Companies Act 1965 and named by the Minister in the order under subsection 3(1) to which property, rights, liabilities and functions of the Institute are transferred and vested in;
vesting date
Defined · s 2“vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).
Part III
Director General of the Department of Standards
Part IV
Establishment of the Standards and Accreditation Council
Part V
Standards and Accreditation
Part VI
General
Part VII