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Section 562

Registration of foreign companies

of Companies Act 2016

ActIn forceProvision 562 of 768
Section 562

(a)

the name, identification, nationality and the ordinary place of residence of every shareholder in Malaysia and, if any of these persons is a body corporate, the corporate name, place of incorporation or place of origin, registration number and the registered office of the body corporate;

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(b)

the name, identification, nationality and the ordinary place of residence of every person who is appointed as a director of the foreign company in Malaysia;

(c)

the list of its shareholders or members at its place of origin;

(d)

in the case of a foreign company with share capital, the details of class and number of shares at its place of origin;

(e)

in the case of a foreign company limited without share capital, the amount up to which the member undertakes to contribute to the assets of the foreign company at its place of origin in the event of its being wound up;

(f)

the name and address of a person who is a resident in

Malaysia, who is appointed by the foreign company as its agent under a memorandum of appointment or power of attorney; and

(g)

such other information that the Registrar may require.

(2)

The application made under subsection (1) shall be accompanied with a statement by the agent of the foreign company confirming his consent for the appointment.

(3)

Upon being satisfied that the requirements of this Act have been complied with and on payment of the prescribed fee, the Registrar shall—

(a)

register the foreign company and allocate a registration number for the foreign company; and

(b)

issue a notification of registration in the form and manner as the Registrar may determine and the notification shall be conclusive evidence that the requirements as to registration have been complied with.

(4)

For the purposes of paragraph (1)(c), “list of shareholders or members” means a list of all of the shareholders or members of the

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foreign company, provided that if the number of its shareholders or members exceeds five hundred —

(a)

a list of its twenty largest shareholders or members; and

(b)

a certificate by the agent stating that the foreign company has more than five hundred shareholders or members and the full list of shareholders or members is kept at the registered office of the foreign company and also kept at the registered office of the foreign company in Malaysia.