Skip to content

Section 68

Approval of deeds

of Labuan Companies Act 1990

ActIn forceProvision 75 of 211
Section 68
(1)

Where a deed makes a provision for the appointment of a trustee for, or a representative of, the holders of the interests issued or proposed to be issued by a Labuan company or a foreign Labuan company, the Authority may, subject to this section, grant its approval to the deed.

(2)

The Authority shall not grant its approval to a deed unless the deed—

(a)

stipulates that no part of the interests to which the deed relates shall be offered to residents of Malaysia;

(b)

complies with the requirements of this Division; and

(c)

makes provision for such other matters and things as are required by or under the regulations to be included in the deed, and if regulations have been made prescribing the charges that may be made by a management company, unless the deed provides—

(i)

that the charges to be made by the management company do not exceed such percentages or amounts as are prescribed; and

(ii)

that the price at which the interests to which the deed relates are to be sold or purchased by the management company are consistent with the regulations relating to those prices.