AKTA PEMEGANG AMANAH (PEMERBADANAN) (PINDAAN) 2025

Akta ini mula berkuat kuasa pada tarikh yang ditetapkan oleh Menteri melalui pemberitahuan dalam Warta.

Pindaan seksyen 1a

The name of every body corporate registered under this Act shall include the words “registered” and “trustees”.

Subject to subsection (2), such body corporate may, with the written approval of the Minister, change its name.

The trust deed or any related instrument of such body corporate shall be amended to give effect to any change of name.

Where such body corporate changes its name, a new certificate of incorporation shall be issued in the form and manner as may be prescribed by the Minister.

Any change of name shall not affect the rights or obligations of the body corporate or render defective any legal proceedings by or against the body corporate.

Any proceedings which might have been continued or commenced by or against a body corporate by its former name may be continued or commenced by or against it, by its new name.

Trustee to keep register of beneficial owners 2b.  (1)  A trustee shall keep a register of the beneficial owners of its trusts and shall enter into the register the following particulars:

The trustee shall ensure that the register of beneficial owners of the trusts shall be kept at the registered office of the trustees unless—

The trustee shall send a notice to the Minister in the form and manner as may be determined by the Minister, of the place or any change of place where its register of beneficial owners is kept, within fourteen days after creating the register or changing the place, as the case may be.

The trustee shall, within fourteen days after creating the register of beneficial owners, transmit a copy of the register to the Minister in the form and manner as may be determined by the Minister.

Any trustee who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.”.

Pindaan seksyen 5

dalam subseksyen (1), dengan memasukkan selepas perkataan “the trustees to the Minister” perkataan

“within one month”; dan 6

Undang-Undang Malaysia

Akta A1746

dengan memasukkan selepas subseksyen (2) subseksyen yang berikut:

“(3)  Any trustee who contravenes subsection (2)

commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.”.

Pindaan seksyen 6

dengan menomborkan semula seksyen sedia ada sebagai subseksyen (1); dan

dengan memasukkan selepas subseksyen (1) yang dinomborkan semula itu subseksyen yang berikut:

“(2)  Subject to subsection (1), the Minister may inspect or authorize any person to inspect a trustee if he is of the opinion that the property vested in the trustee is being misused.

If, as a result of the inspection carried out pursuant to subsection (2), the Minister finds that the property has been misused, or used in circumstances which are prejudicial to the interests of members of the body corporate in respect of which the trustee has been incorporated, he may—

Any trustee who fails to comply with the order made under subsection (5)—

Any trustee who contravenes subsection (3) or (4)

commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.”.

Seksyen baharu 15a

The Minister may, in the interest of the public, take such steps as may be necessary to publish any information furnished by or on behalf of such trust or trustees, in any form or manner as he thinks fit.”.

Pindaan seksyen 19

any offence under this Act as an offence which may be compounded; and

the method and procedure for compounding such offence.

The Registrar may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Registrar of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer.

An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.

If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Registrar may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under subsection (2), no prosecution shall after that be instituted in respect of the offence against the person to whom the offer to compound was made.

All sums of money received by the Registrar under this section shall be paid into and form part of the Federal

Consolidated Fund.”.

Pemegang Amanah (Pemerbadanan) (Pindaan)

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Pindaan seksyen 21

dalam perenggan (c), dengan memotong perkataan “and”

di hujung perenggan itu;

dalam perenggan (d), dengan menggantikan noktah di hujung perenggan itu dengan koma bernoktah; dan

dengan memasukkan selepas perenggan (d) perenggan yang berikut:

“(e) any matter relating to beneficial owners of a trust;

any matter relating to the variation or revocation of the certificate of incorporation;

the offences which may be compounded and the forms to be used and the method and procedure for compounding the offences under this Act; and

any other matters required by this Act to be prescribed.”.