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In forceUpdated to 31 Jan 2025Read it in Bahasa Malaysia

Part II · Formation and Administration of Companies

60C. Power of company to require disclosure of beneficial owner of company

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(1)

A company shall, by notice in writing, require any member of the company within such reasonable time and manner as specified in the notice—

(a)

to inform the company whether the member is a beneficial owner of the company or if the member is not a beneficial owner of the company, as far as it is possible to do so, to

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indicate the persons by name and by other particulars sufficient to enable those persons to be identified as beneficial owners of the company; and

(b)

to provide such other information as specified under subsection 60B(1).

(2)

Where a company knows or has reasonable grounds to believe that any person is a beneficial owner of the company, the company shall by notice in writing, require such person within such reasonable time and manner as specified in the notice—

(a)

to state whether he is a beneficial owner of the company or if he is not a beneficial owner of the company, to state whether he knows or has reasonable grounds to believe that any other person is a beneficial owner of the company and to give such particulars of that person that are within his knowledge; and

(b)

to provide such other information as required under subsection 60B(1).

(3)

Where a company knows or has reasonable grounds to believe that any member or person knows the identity of a person who is a beneficial owner of the company, the company shall by notice in writing require the member or person within such reasonable time and manner as specified in the notice—

(a)

to state whether he knows, or has reasonable grounds to believe that any other person is a beneficial owner of the company and gives such particulars of that person that are within his knowledge; and

(b)

to provide such other information as required under subsection 60B(1).

(4)

Whenever a company receives information from the person to whom the notice is given under subsection (1), (2) or (3), the company shall, within fourteen days from the date on which the information is received, record in the register of beneficial owners of the company—

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(a)

the date on which the notice requiring such information was issued; and

(b)

the particulars of the information received from the person.

(5)

If a company has reasonable grounds to believe that a change has occurred to the particulars of a beneficial owner of the company that are stated in the register of beneficial owners of the company, the company shall give notice to the beneficial owner of the company—

(a)

to confirm whether or not the change has occurred; and

(b)

if the change has occurred—

(i)

to state the date of the change; and

(ii)

to provide the particulars of the change.

(6)

If a company has reasonable grounds to believe that any of the particulars of a beneficial owner of the company that are stated in the register of beneficial owners of the company might be incorrect, the company shall give notice to the beneficial owner of the company to confirm whether the particulars are correct, and if not, to provide the correct particulars.

(7)

A company and every officer who contravene subsection (1),

(2)

, (3), (4), (5) or (6) commit an offence.

(8)

Any person who contravenes any notice under this section commits an offence unless the person proves that the information in question was already in the possession of the company or that the requirement to give the information was for any other reason that is frivolous or vexatious.

(9)

Any person who in purported compliance with any notice under this section makes any statement which he knows to be false or recklessly makes any false statement commits an offence.

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Report

Part III

Management of Company

Chapter I

Chapter II

Chapter III

Part IV

Cessation of Companies

Part V

Miscellaneous

Schedules