Malaysia legislation

Section 2

of *COMPANIES COMMISSION OF MALAYSIA ACT 2001

Section 2

In this Act, unless the context otherwise requires—

“this Act” includes any subsidiary legislation made under this Act;

“member” means a member of the Commission and includes the

Chairman;

8 Laws Of Malaysia ACT 614

“business entity” means—

(a)

in the case of the Registration of Businesses Act 1956

[Act 197], any sole proprietorship or partnership;

(b)

in the case of the Companies Act 1965 [Act 125], a company, corporation or foreign company; and

(c)

in the case of the Limited Liability Partnerships Act 2012

[Act 743], a limited liability partnership or a foreign limited liability partnership;

“document” has the meaning assigned to it in the Evidence Act 1950

[Act 56];

“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

“property” includes all property, movable and immovable, and all estates, interests, easements or rights, whether equitable or legal in, to or out of property, choses-in-action, money and goodwill;

“committee” means any committee established by the Commission under section 19;

“Chief Executive Officer” means the Chief Executive Officer appointed under section 11;

“Fund” means the Fund established under section 28;

“liabilities” means liabilities, debts, charges, duties and obligations of every description whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere;

“Minister” means the Minister charged with the responsibility for the registration of companies, trust companies, businesses and limited liability partnerships;

NOTE— The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

w.e.f. 31 January 2017.

Companies Commission of Malaysia 9

“Registrar” means the Registrar designated under subsection 20A(1);

“Registrar of Businesses” means the Registrar of Businesses under the Registration of Businesses Act 1956;

“Registrar of Companies” means the Registrar of Companies under the *Companies Act 1965;

“Chairman” means the Chairman appointed under section 6;

“corporation” has the meaning assigned to it in the *Companies

Act 1965;

“limited liability partnership” has the meaning assigned to it in the

Limited Liability Partnerships Act 2012;

“business” has the meaning assigned to it in the Registration of

Businesses Act 1956;

“Commission” means the Companies Commission of Malaysia established under section 3;

“company” has the meaning assigned to it in the Companies Act 1965;

“vesting date” means the date on which property, rights and liabilities specified by the Minister in the order under subsection 4(1), to which the

Government of Malaysia, the Registrar of Companies and the Registrar of Businesses were entitled or subject to, are transferred to and vested in the Commission;

“appointed date” means the date on which this Act comes into force;

“vested”, in relation to property, includes having rights to property which are future or contingent and rights in reversion and remainder.

NOTE— The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

w.e.f. 31 January 2017.

10 Laws Of Malaysia ACT 614

Section 2 — COMPANIES COMMISSION OF MALAYSIA ACT 2001