Malaysia legislation

Section 38E

of *COMPANIES COMMISSION OF MALAYSIA ACT 2001

Section 38E

(a)

the refusal of the Commission or the Registrar to register or receive any document required by this Act or the laws specified in the First Schedule; or

(b)

any act or decision of the Commission or the Registrar under this Act or the laws specified in the First Schedule, may appeal to the Minister in writing within thirty days after being notified of the decision of the Commission or Registrar, as the case may be.

(2)

Where an appeal is made under subsection (1), the decision of the Commission shall not take effect until the appeal is disposed of by the Minister.

(3)

On an appeal, the Minister may affirm, vary, set aside the decision of the Commission or make any decision that he thinks fit.

Companies Commission of Malaysia 49

(4)

For the purposes of this section, the Minister may—

(a)

form a committee to assist him in reaching the decision;

(b)

request information or documentation or personal representation from any person for him to be satisfied with the application; and

(c)

impose any terms and conditions that he thinks fit.

(5)

This section shall not apply to any act or decision of the

Commission or the Registrar—

(a)

in respect of any provision in the nature of the appeal or review is expressly provided in this Act or the laws specified in the First Schedule; or

(b)

which is declared by this Act or the laws specified in the

First Schedule to be final and conclusive or is embodied in any document declared by this Act to be conclusive evidence of any act, matter or thing.

Power of Minister to amend the First and Second Schedules

Section 38E — COMPANIES COMMISSION OF MALAYSIA ACT 2001