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In forceUpdated to 23 Apr 2025Read it in Bahasa Malaysia

Part IV · Registration of Labuan Foundation

24C. Power of Labuan foundation to require disclosure of beneficial ownership information

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(1)

A Labuan foundation shall, by notice in writing, require any founder, council member, officer, supervisory person or beneficiary of the Labuan foundation within such reasonable time and in such manner as specified in the notice—

(a)

to inform the Labuan foundation whether the founder, council member, officer, supervisory person or beneficiary of the Labuan foundation is a beneficial owner of the

Labuan foundation or if the founder, council member, officer, supervisory person or beneficiary of the Labuan foundation is not a beneficial owner of the Labuan foundation, as far as it is possible to do so, to indicate the persons by name and by other particulars sufficient to

30 Laws of Malaysia enable those persons to be identified as beneficial owners of the Labuan foundation; and

(b)

to provide such other information as required under subsection 24B(1).

(2)

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

(a)

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

(b)

to provide such other information as required under subsection 24B(1).

(3)

Where a Labuan foundation knows or has reasonable grounds to believe that any founder, council member, officer, supervisory person or beneficiary of the Labuan foundation or person knows the identity of a person who is a beneficial owner of the Labuan foundation, the

Labuan foundation shall, by notice in writing, require the founder, council member, officer, supervisory person or beneficiary of the

Labuan foundation or person within such reasonable time and in such 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

Labuan foundation and to give such particulars of that person that are within his knowledge; and

(b)

to provide such other information as required under subsection 24B(1).

Labuan Foundations 31

(4)

Whenever a Labuan foundation receives information from the person to whom the notice is given under subsection (1), (2) or (3), the

Labuan foundation shall, within thirty days from the date on which the information is received, record in the register of beneficial owners of the Labuan foundation—

(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 Labuan foundation has reasonable grounds to believe that a change has occurred to the particulars of a beneficial owner of the

Labuan foundation that are stated in the register of beneficial owners of the Labuan foundation, the Labuan foundation shall give notice to the beneficial owner of the Labuan foundation—

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

(7)

A secretary of a Labuan foundation shall ensure that the Labuan foundation complies with the obligations under this section.

(8)

If a Labuan foundation fails to comply with this section, the

Labuan foundation, the secretary and every officer of the Labuan foundation who is in default shall be liable to an administrative penalty.

32 Laws of Malaysia

Report

Part V

Council, Officers and Secretary

Part VI

Capacity of Labuan Foundation

Part VII

Beneficiaries

Part VIII

Dissolution

Part IX

General Provisions

Schedules