Malaysia legislation

Section 96

of LANGKAWI INTERNATIONAL YACHTING COMPANIES ACT 2005

Section 96

Return to be lodged where documents, etc., altered

(1)

Where any change or alteration is made in—

(a)

the charter, statute, memorandum or articles of association of a foreign Langkawi company, or other instrument relating to the company, lodged with the Registrar;

(b)

the directors of a foreign Langkawi company or in the name or address of any director;

(c)

the address of the registered office of a foreign Langkawi company in its place of incorporation or origin;

(d)

the name of a foreign Langkawi company;

(e)

the powers of any directors resident in Langkawi who are members of the local board of directors of a foreign

Langkawi company; or

(f)

the management entity or the name or address of the management entity referred to in paragraph 93(2)(e), the foreign Langkawi company shall, within one month after the change or alteration, lodge with the Registrar particulars of the change or alteration and such documents as the regulations may require.

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Langkawi International Yachting Companies

(2)

Upon receipt of the aforesaid particulars of the change or alteration, the Registrar shall, subject to this Act, register the change or alteration.

(3)

On the lodging with the Registrar of particulars of any change or alteration of the name of a foreign Langkawi company referred to in paragraph (1)(d), the Registrar shall issue a certificate in the prescribed form under his hand and seal, and that certificate shall be prima facie evidence in all Courts as to the change or alteration of the name of the company.

(4)

If a foreign Langkawi company increases or decreases its authorized share capital, it shall, within thirty days after such change, lodge with the Registrar notice of the amount from which and to which it has been so changed.

(5)

If a foreign Langkawi company not having a share capital increases the number of its members beyond the registered number, it shall, within thirty days after the increase was resolved or took place, lodge with the Registrar notice of the increase.

Service on foreign Langkawi companies 97.

Any process or document required to be served on a foreign

Langkawi company shall be sufficiently served if addressed to the foreign Langkawi company and left at or sent by post to its registered office in Langkawi, but—

(a)

if at any time the registered office so notified has ceased to exist; or

(b)

if for any other reason service of process or notice cannot be effected, the document may be served on the company by leaving it at, or sending it by post to, any place of business established by the company in Langkawi, or, if no such place of business has been established, the document may be served on the company by registered post to any place of business of the company in the country of its incorporation.

Section 96 — LANGKAWI INTERNATIONAL YACHTING COMPANIES ACT 2005