Labuan Foundations Act 2010 · Updated to 23 Apr 2025 · Part III · Establishment of Labuan Foundation
9. Amendment of charter
Feedback & supportWhere the charter of a Labuan foundation makes provision for the amendment of the charter, the charter may be amended according to the procedures laid down in the charter or, in the absence of any such procedures in the charter, in accordance with the following procedure:
charter
“charter” means the charter of a Labuan foundation provided for in section 8;
the founder or the officers shall convene a meeting of—
the founder or his estate, as the case may be;
the officers; and
the council of the Labuan foundation, if any; and
the resolution for amendment of the charter shall be adopted only if agreed by—
the founder or his estate, as the case may be;
16 Laws of Malaysia
the officers; and
the council of the Labuan foundation, if any.
The officers of a Labuan foundation may resolve on such amendments to the charter of the Labuan foundation as in their opinion are necessary in the circumstances to maintain the purpose and object of the Labuan foundation and shall apply to the Court for its approval on the proposed amendments to the charter of the Labuan foundation in the event—
an agreement could not be reached for any proposed amendment to the charter;
the charter has no provision for amendment; or
it is not possible to comply with the provisions of this section because the founder is no longer living or in existence.
The Court may, pursuant to an application under subsection (2), make an order confirming the amendments, either wholly or in part, on such terms and conditions as it thinks fit, or may make such other orders as it thinks expedient for facilitating or carrying into effect any such amendments, or refuse the application.
The secretary shall, within thirty days after the amendment of the charter, file with the Authority a copy of the amended charter.
secretary
“secretary” means a Labuan Trust company appointed as secretary in accordance with section 41;