KAEDAH-KAEDAH PENDAFTARAN PERNIAGAAN (PINDAAN) 2014

“Kaedah-Kaedah ibu” dalam Kaedah-Kaedah ini, dipinda dalam subkaedah 6(1) dengan menggantikan perkataan “Form B1, B2, B3 or B4, as may be relevant,” dengan perkataan

“Form B”.

“Forms A, B1, B2, B3, B4 and C” dengan perkataan “Forms A, A1, B and C”.

Kaedah-Kaedah ibu dipinda dengan menggantikan kaedah 13 dengan kaedah yang berikut:

“Display of certificate of registration, business number, etc.

Jadual Pertama kepada Kaedah-Kaedah ibu dipinda—

(a)

dengan menggantikan Borang A dengan Borang yang berikut:

P.U. (A) 78 4

“Form A

FORM A

REGISTRATION OF BUSINESSES RULES 1957 (RULE 3)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

PERSONAL NAME

Using personal name as in MYKAD/MYPR as business name.

TRADE NAME

Using trade name other than name in MYKAD/MYPR as business name.

________________________________________________________________________________________________________________________

REFERENCE NO.

(For office use)

BUSINESS INFORMATION

*DATE OF COMMENCEMENT

OF BUSINESS

*PARTNERSHIP AGREEMENT

NO

YES DATE

(Specify date and attach copy of agreement)

(P.O. Box is not allowed)

(If different from above address)

INFORMATION OF TYPE OF BUSINESS

BRANCH ADDRESS (If any)

(P.O. Box is not allowed)

(P.O. Box is not allowed)

P.U. (A) 78 5

*INFORMATION OF OWNER (Spelling of name as in MYKAD/MYPR)

(Old)

(Specify origin country)

(Specify race)

_______________________________________________________________________________________________________________________

(Old)

(Specify origin country)

(Specify race)

(Every owner/partner must complete the details and affix signature/right thumb print on this form)

I/We, the undersigned, confirm the accuracy of all the statements made in this form and declare that I am/we are the owner(s)/partner(s) of the business.

________________________________________________________________________________________________________________________

I am the person responsible for the submission of the business registration information stated above.

”;

P.U. (A) 78 6

(b)

dengan menggantikan Borang A1 dengan Borang yang berikut:

“Form A1

FORM A1

APPLICATION FOR RENEWAL OF BUSINESS REGISTRATION

REGISTRATION OF BUSINESSES RULES 1957 (RULE 5)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

*RENEWAL PERIOD 1 YEAR 2 YEARS 3 YEARS 4 YEARS 5 YEARS

*INFORMATION ON BUSINESS

BUSINESS IS STILL ACTIVE

CHANGES

(If any, tick (/) the type of change)

TYPE OF CHANGES

CHANGE OF PRINCIPAL ADDRESS

CHANGE IN TYPE OF BUSINESS

CHANGE IN BRANCH

CHANGE IN OWNERSHIP

INDICATE IF THE CHANGES

HAVE BEEN REGISTERED

HAVE NOT BEEN REGISTERED

(Register the changes using Form B)

PLEASE UPDATE OWNERS/PARTNERS MOBILE PHONE NO. (If there is a change of mobile phone no.)

NAME

MOBILE PHONE NO.

*VERIFICATION BY OWNER/PERSON RESPONSIBLE

I, the undersigned, confirm the accuracy of all the statements made in this form.

_________________________________

SIGNATURE OF OWNER OR

PERSON RESPONSIBLE

NAME :

MYKAD /MYPR NO. :

MOBILE PHONE NO. :

”;

P.U. (A) 78 7

(c)

dengan menggantikan Borang B1, B2, B3 dan B4 dengan Borang yang berikut:

“Form B

FORM B

REGISTRATION OF BUSINESSES RULES 1957 (RULE 6)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

CHANGES OF PRINCIPAL BUSINESS ADDRESS

CHANGES OF PARTICULARS ON BRANCHES

(Complete information in Part A)

(Complete information in Part C)

CHANGES IN TYPE OF BUSINESS

CHANGES OF INFORMATION OF OWNER

(Complete information in Part B)

(Complete information in Part D)

________________________________________________________________________________________________________________________

A. CHANGES OF PRINCIPAL BUSINESS ADDRESS

(P.O. Box is not allowed)

(If different from above address)

B. CHANGES IN TYPE OF BUSINESS (Specify type of business carried out)

C. CHANGES OF PARTICULARS ON BRANCHES

(P.O. Box is not allowed)

(P.O. Box is not allowed)

P.U. (A) 78 8

D. CHANGES OF INFORMATION OF OWNER (Spelling of name as in MYKAD/MYPR)

(Old)

(Specify origin country)

(Specify race)

________________________________________________________________________________________________________________________

(Old)

(Specify origin country)

(Specify race)

(Every owner/partner must complete the details and affix signature/right thumb print on this form)

I/We, the undersigned, confirm the accuracy of all the statements made in this form and declare that I am/we are the owner(s)/partner(s) of the business.

________________________________________________________________________________________________________________________

I am the person responsible for the submission of the business registration information stated above.

’’;

P.U. (A) 78 9

(d)

dengan menggantikan Borang C dengan Borang yang berikut:

“Form C

FORM C

NOTIFICATION OF TERMINATION OF REGISTERED BUSINESS

REGISTRATION OF BUSINESSES RULES 1957 (RULE 7)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

*REASONS FOR TERMINATION (If involves death/court order please attach the relevant documents)

CESSATION OF BUSINESS

(Specify date of cessation of business)

DISSOLUTION OF PARTNERSHIP

(Specify date of dissolution of partnership)

(Attach Death Certificate)

(Specify date of death)

COURT ORDER

(Attach Court Order) (Specify date of court order)

OTHERS (Please specify)

(Specify date)

………………………………………..

(Every owner/partner must complete the details and affix signature/right thumb print on this form)

I/We, the undersigned, confirm the accuracy of all the statements made in this form and declare that I am/we are the owner(s)/partner(s) of the business.

________________________________________________________________________________________________________________________

I am the person responsible for the submission of the business registration information stated above.

’’;

P.U. (A) 78 10

(e)

dengan menggantikan Borang D dengan Borang yang berikut:

“Form D

FORM D (RULE 13)

CERTIFICATE OF REGISTRATION

This is to certify that the Business carried on under the name

(……….Business Name………..)

has this day been registered until ...(expiry date)... in accordance with the provisions of the Registration of Businesses Act 1956, with its principal place of business at ……………………………. (business address) ………………………….

No of branches :

Dated at this day of 20

.....................................

Registrar of Businesses,

Peninsular Malaysia

1.

To register the business within 30 days from the date of commencement of the business by submitting the Business Registration Form (Form A).

2.

To renew the registration of business within 30 days before the expiry date of the registration or the prior renewal by submitting the Application for

Renewal of Business Registration Form (Form A1).

3.

To register any changes in the business particulars within 30 days from the date of the change of the principal business address, type of business, particulars on branches and information of the owner by submitting the Registration of Changes of Business Particulars Form (Form B).

4.

To inform the termination of business within 30 days from the date of termination of the business operation or, if it is due to death, within 4 months from the date of death by submitting the Notification of Termination of Registered Business Form (Form C).

5.

To display the Certificate of Registration of Business in a conspicuous place at the main business premises or branch.

6.

To put up a signboard displaying the business name and registration number outside the place of business and if there is more than one place of business, outside each place of business.

7.

To display the business name and registration number of the certificate of registration on every business letterhead, invoice, bill or other document.

8.

To duly obtain the licence, permit or approval letter from the relevant authority in relation to the types of businesses which require approval prior to commencement even if the said business has been registered with the Companies Commission of Malaysia.

Penalty provisions under the Registration of Businesses Act 1956 and Registration of Businesses Rules 1957

1.

Contravention of items (1) & (2) shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding 2

years or to both.

2.

Contravention of items (3), (4), (6) & (7) shall, on conviction, be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding 1 year or to both.

3. Contravention of item (5) shall, on conviction, be liable to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding 6 months or to both.

’’; dan

P.U. (A) 78 11

(f)

dengan menggantikan Borang E dengan Borang yang berikut:

“Form E

FORM E (RULE 13)

CERTIFICATE OF RENEWAL OF REGISTRATION OF BUSINESS

This is to certify that the Business carried on under the name

(……….Business Name………..)

has this day been registered until ...(expiry date)... in accordance with the provisions of the Registration of Businesses Act 1956, with its principal place of business at ……………………………. (business address) ………………………….

No of branches :

Dated at this day of 20

.....................................

Registrar of Businesses,

Peninsular Malaysia

1. To register the business within 30 days from the date of commencement of the business by submitting the Business Registration Form (Form A).

2. To renew the registration of business within 30 days before the expiry date of the registration or the prior renewal by submitting the Application for

Renewal of Business Registration Form (Form A1).

3. To register any changes in the business particulars within 30 days from the date of the change of the principal business address, type of business, particulars on branches and information of the owner by submitting the Registration of Changes of Business Particulars Form (Form B).

4. To inform the termination of business within 30 days from the date of termination of the business operation or, if it is due to death, within 4 months from the date of death by submitting the Notification of Termination of Registered Business Form (Form C).

5.

To display the Certificate of Renewal of Registration of Business in a conspicuous place at the main business premises or branch.

6.

To put up a signboard displaying the business name and registration number outside the place of business and if there is more than one place of business, outside each place of business.

7.

To display the business name and registration number of the certificate of renewal of registration on every business letterhead, invoice, bill or other document.

8.

To duly obtain the licence, permit or approval letter from the relevant authority in relation to the types of businesses which require approval prior to commencement even if the said business has been registered with the Companies Commission of Malaysia.

Penalty provisions under the Registration of Businesses Act 1956 and Registration of Businesses Rules 1957

1.

Contravention of items (1) & (2) shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding 2

years or to both.

2.

Contravention of items (3), (4), (6) & (7) shall, on conviction, be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding 1 year or to both.

3. Contravention of item (5) shall, on conviction, be liable to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding 6 months or to both.

’’.

P.U. (A) 78 12

Penerusan penggunaan borang 6.

Semua borang yang ditetapkan dalam Kaedah-Kaedah ibu yang digunakan sebelum tarikh permulaan kuat kuasa Kaedah-Kaedah ini boleh terus digunakan bagi tempoh satu bulan dari tarikh permulaan kuat kuasa Kaedah-Kaedah ini.

Dibuat 21 Mac 2014

[SSM/CDPD(S)/8(1/2014); PN(PU2)253/III]

DATO’ SRI HASAN BIN MALEK

Menteri Perdagangan Dalam Negeri, Koperasi dan Kepenggunaan

P.U. (A) 78 13

REGISTRATION OF BUSINESSES (AMENDMENT) RULES 2014

IN exercise of the powers conferred by section 16 of the Registration of Businesses Act 1956 [Act 197], the Minister makes the following rules:

Citation and commencement 1.

(1)

These rules may be cited as the Registration of Businesses (Amendment)

Rules 2014.

(2)

These Rules come into operation on 1 April 2014.

Amendment of rule 6 2.

The Registration of Businesses Rules 1957 [L.N. 282/1957], which are referred to as the “principal Rules” in these Rules, are amended in subrule 6(1) by substituting for the words “Form B1, B2, B3 or B4, as may be relevant,” the words “Form B”.

Amendment of rule 8 3.

Subrule 8(1) of the principal Rules is amended by substituting for the words

“Forms A, B1, B2, B3, B4 and C” the words “Forms A, A1, B and C”.

Substitution of rule 13 4.

The principal Rules are amended by substituting for rule 13 the following rule:

“Display of certificate of registration, business number, etc.

13.

(1)

A certificate of registration or a certificate of renewal of registration issued under the Act shall be in Form D or Form E, as the case may be.

P.U. (A) 78 14

Amendment of First Schedule 5.

The First Schedule to the principal Rules is amended—

(a)

by substituting for Form A the following Form:

P.U. (A) 78 15

“Form A

FORM A

REGISTRATION OF BUSINESSES RULES 1957 (RULE 3)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

PERSONAL NAME

Using personal name as in MYKAD/MYPR as business name.

TRADE NAME

Using trade name other than name in MYKAD/MYPR as business name.

________________________________________________________________________________________________________________________

REFERENCE NO.

(For office use)

BUSINESS INFORMATION

*DATE OF COMMENCEMENT

OF BUSINESS

*PARTNERSHIP AGREEMENT

NO

YES DATE

(Specify date and attach copy of agreement)

(P.O. Box is not allowed)

(If different from above address)

INFORMATION OF TYPE OF BUSINESS

BRANCH ADDRESS (If any)

(P.O. Box is not allowed)

(P.O. Box is not allowed)

P.U. (A) 78 16

*INFORMATION OF OWNER (Spelling of name as in MYKAD/MYPR)

(Old)

(Specify origin country)

(Specify race)

_______________________________________________________________________________________________________________________

(Old)

(Specify origin country)

(Specify race)

(Every owner/partner must complete the details and affix signature/right thumb print on this form)

I/We, the undersigned, confirm the accuracy of all the statements made in this form and declare that I am/we are the owner(s)/partner(s) of the business.

________________________________________________________________________________________________________________________

I am the person responsible for the submission of the business registration information stated above.

”;

P.U. (A) 78 17

(b)

by substituting for Form A1 the following Form:

“Form A1

FORM A1

APPLICATION FOR RENEWAL OF BUSINESS REGISTRATION

REGISTRATION OF BUSINESSES RULES 1957 (RULE 5)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

*RENEWAL PERIOD 1 YEAR 2 YEARS 3 YEARS 4 YEARS 5 YEARS

*INFORMATION ON BUSINESS

BUSINESS IS STILL ACTIVE

CHANGES

(If any, tick (/) the type of change)

TYPE OF CHANGES

CHANGE OF PRINCIPAL ADDRESS

CHANGE IN TYPE OF BUSINESS

CHANGE IN BRANCH

CHANGE IN OWNERSHIP

INDICATE IF THE CHANGES

HAVE BEEN REGISTERED

HAVE NOT BEEN REGISTERED

(Register the changes using Form B)

PLEASE UPDATE OWNERS/PARTNERS MOBILE PHONE NO. (If there is a change of mobile phone no.)

NAME

MOBILE PHONE NO.

*VERIFICATION BY OWNER/PERSON RESPONSIBLE

I, the undersigned, confirm the accuracy of all the statements made in this form.

_________________________________

SIGNATURE OF OWNER OR

PERSON RESPONSIBLE

NAME :

MYKAD /MYPR NO. :

MOBILE PHONE NO. :

”;

P.U. (A) 78 18

(c)

by substituting for Forms B1, B2, B3 and B4 the following Form:

“Form B

FORM B

REGISTRATION OF BUSINESSES RULES 1957 (RULE 6)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

CHANGES OF PRINCIPAL BUSINESS ADDRESS

CHANGES OF PARTICULARS ON BRANCHES

(Complete information in Part A)

(Complete information in Part C)

CHANGES IN TYPE OF BUSINESS

CHANGES OF INFORMATION OF OWNER

(Complete information in Part B)

(Complete information in Part D)

________________________________________________________________________________________________________________________

A. CHANGES OF PRINCIPAL BUSINESS ADDRESS

(P.O. Box is not allowed)

(If different from above address)

B. CHANGES IN TYPE OF BUSINESS (Specify type of business carried out)

C. CHANGES OF PARTICULARS ON BRANCHES

(P.O. Box is not allowed)

(P.O. Box is not allowed)

P.U. (A) 78 19

D. CHANGES OF INFORMATION OF OWNER (Spelling of name as in MYKAD/MYPR)

(Old)

(Specify origin country)

(Specify race)

________________________________________________________________________________________________________________________

(Old)

(Specify origin country)

(Specify race)

(Every owner/partner must complete the details and affix signature/right thumb print on this form)

I/We, the undersigned, confirm the accuracy of all the statements made in this form and declare that I am/we are the owner(s)/partner(s) of the business.

________________________________________________________________________________________________________________________

I am the person responsible for the submission of the business registration information stated above.

”;

P.U. (A) 78 20

(d)

by substituting for Form C the following Form:

“Form C

FORM C

NOTIFICATION OF TERMINATION OF REGISTERED BUSINESS

REGISTRATION OF BUSINESSES RULES 1957 (RULE 7)

PLEASE TICK (/) AT THE APPROPRIATE BOX AND COMPLETE THE INFORMATION IN BLOCK LETTERS

(*Mandatory field)

*REASONS FOR TERMINATION (If involves death/court order please attach the relevant documents)

CESSATION OF BUSINESS

(Specify date of cessation of business)

DISSOLUTION OF PARTNERSHIP

(Specify date of dissolution of partnership)

(Attach Death Certificate)

(Specify date of death)

COURT ORDER

(Attach Court Order) (Specify date of court order)

OTHERS (Please specify)

(Specify date)

………………………………………..

(Every owner/partner must complete the details and affix signature/right thumb print on this form)

I/We, the undersigned, confirm the accuracy of all the statements made in this form and declare that I am/we are the owner(s)/partner(s) of the business.

________________________________________________________________________________________________________________________

I am the person responsible for the submission of the business registration information stated above.

’’;

P.U. (A) 78 21

(e)

by substituting for Form D the following Form:

“Form D

FORM D (RULE 13)

CERTIFICATE OF REGISTRATION

This is to certify that the Business carried on under the name

(……….Business Name………..)

has this day been registered until ...(expiry date)... in accordance with the provisions of the Registration of Businesses Act 1956, with its principal place of business at ……………………………. (business address) ………………………….

No of branches :

Dated at this day of 20

.....................................

Registrar of Businesses,

Peninsular Malaysia

1.

To register the business within 30 days from the date of commencement of the business by submitting the Business Registration Form (Form A).

2.

To renew the registration of business within 30 days before the expiry date of the registration or the prior renewal by submitting the Application for

Renewal of Business Registration Form (Form A1).

3.

To register any changes in the business particulars within 30 days from the date of the change of the principal business address, type of business, particulars on branches and information of the owner by submitting the Registration of Changes of Business Particulars Form (Form B).

4.

To inform the termination of business within 30 days from the date of termination of the business operation or, if it is due to death, within 4 months from the date of death by submitting the Notification of Termination of Registered Business Form (Form C).

5.

To display the Certificate of Registration of Business in a conspicuous place at the main business premises or branch.

6.

To put up a signboard displaying the business name and registration number outside the place of business and if there is more than one place of business, outside each place of business.

7.

To display the business name and registration number of the certificate of registration on every business letterhead, invoice, bill or other document.

8.

To duly obtain the licence, permit or approval letter from the relevant authority in relation to the types of businesses which require approval prior to commencement even if the said business has been registered with the Companies Commission of Malaysia.

Penalty provisions under the Registration of Businesses Act 1956 and Registration of Businesses Rules 1957

1.

Contravention of items (1) & (2) shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding 2

years or to both.

2.

Contravention of items (3), (4), (6) & (7) shall, on conviction, be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding 1 year or to both.

3.

Contravention of item (5) shall, on conviction, be liable to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding 6 months or to both.

”; and

P.U. (A) 78 22

(f)

by substituting for Form E the following Form:

“Form E

FORM E (RULE 13)

CERTIFICATE OF RENEWAL OF REGISTRATION OF BUSINESS

This is to certify that the Business carried on under the name

(……….Business Name………..)

has this day been registered until ...(expiry date)... in accordance with the provisions of the Registration of Businesses Act 1956, with its principal place of business at ……………………………. (business address) ………………………….

No of branches :

Dated at this day of 20

.....................................

Registrar of Businesses,

Peninsular Malaysia

1. To register the business within 30 days from the date of commencement of the business by submitting the Business Registration Form (Form A).

2. To renew the registration of business within 30 days before the expiry date of the registration or the prior renewal by submitting the Application for

Renewal of Business Registration Form (Form A1).

3. To register any changes in the business particulars within 30 days from the date of the change of the principal business address, type of business, particulars on branches and information of the owner by submitting the Registration of Changes of Business Particulars Form (Form B).

4. To inform the termination of business within 30 days from the date of termination of the business operation or, if it is due to death, within 4 months from the date of death by submitting the Notification of Termination of Registered Business Form (Form C).

5. To display the Certificate of Renewal of Registration of Business in a conspicuous place at the main business premises or branch.

6. To put up a signboard displaying the business name and registration number outside the place of business and if there is more than one place of business, outside each place of business.

7. To display the business name and registration number of the certificate of renewal of registration on every business letterhead, invoice, bill or other document.

8. To duly obtain the licence, permit or approval letter from the relevant authority in relation to the types of businesses which require approval prior to commencement even if the said business has been registered with the Companies Commission of Malaysia.

Penalty provisions under the Registration of Businesses Act 1956 and Registration of Businesses Rules 1957

1. Contravention of items (1) & (2) shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding 2 years or to both.

2. Contravention of items (3), (4), (6) & (7) shall, on conviction, be liable to a fine not exceeding RM10,000 or to imprisonment for a term not exceeding 1 year or to both.

3. Contravention of item (5) shall, on conviction, be liable to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding 6 months or to both.

’’.

P.U. (A) 78 23

Continuance of use of forms 6.

All forms prescribed in the principal Rules in use prior to the commencement date of these Rules may continue to be used for a period of one month from the commencement date of these Rules.

Made 21 March 2014

[SSM/CDPD(S)/8(1/2014); PN(PU2)253/III]

DATO’ SRI HASAN BIN MALEK

Minister of Domestic Trade, Co-operatives and Consumerism