Malaysia legislation

Section 5

of PRIVATE HIGHER EDUCATIONAL INSTITUTIONS (AMENDMENT) ACT 2017

Section 5

Amendment of section 15

(a)

by renumbering the existing provision as subsection (1);

(b)

by substituting for subsection (1) as renumbered the following subsection:

“(1)  An approval from the Registrar General shall be obtained before a company changes or alters—

(a)

its name;

(b)

its issued and paid-up capital;

(c)

the amount of its initial fund;

(d)

its equity participation;

(e)

the composition of its board of directors; and

(f)

its memorandum and articles of association.”;

and

(c)

by inserting after subsection (1) as renumbered the following subsections:

“(2)  An application for an approval under subsection (1)

shall be made to the Registrar General—

(a)

on the prescribed form and in the prescribed manner; and

(b)

accompanied by the prescribed fee.

(3)

At any time after receiving the application and before it is determined, the Registrar General may by written notice require the company to provide additional information, particulars or documents.

(4)

Where any additional information, particulars or documents required under subsection (3) is or are not provided within the time specified in the requirement or any extension thereof, the application—

(a)

shall be deemed to have been withdrawn; and

(b)

shall not be proceeded with, without prejudice to a fresh application being made by the company.

Private Higher Educational Institutions (Amendment)

(5)

The Registrar General shall, upon an application having been duly made under this section and after being provided with all the information, particulars and documents as he may require under subsection (3)—

(a)

approve the application with or without any modification, variation or condition; or

(b)

refuse the application without assigning any reason for such refusal.

(6)

Where the Registrar General refuses the application, the Registrar General shall notify the company in writing of the refusal.

(7)

Any person who contravenes the provisions of this section shall be guilty of an offence under this

Act.”.

Amendment of section 19