Limited Liability Partnerships Act 2012 · Updated to 1 Aug 2022 · Part VI · Foreign Limited Liability Partnerships
46. Requirements of foreign limited liability partnerships
Feedback & supportNotwithstanding anything under this Act, a foreign limited liability partnership shall appoint at all times at least one compliance officer from amongst its partners or persons qualified to act as secretaries under the *Companies Act 1965 who—
limited liability partnership
“limited liability partnership” means a limited liability partnership registered under section 11 or a foreign limited liability partnership registered under section 45;
is a citizen or permanent resident of Malaysia; and
ordinarily resides in Malaysia.
A foreign limited liability partnership shall ensure that the particulars of every person who acts as compliance officer of the foreign limited liability partnership and his consent to act as such are lodged with the Registrar.
Registrar
“Registrar” means the Registrar designated under subsection 20A (1) of the Companies Commission of Malaysia Act 2001.
The compliance officer shall give notice in writing of his intention to vacate the office to the foreign limited liability partnership.
Upon giving the notice under subsection (3), the compliance officer may lodge with the Registrar a notice of his intention to vacate the office.
Where the compliance officer has lodged a notice under subsection (4), the compliance officer shall cease to be the compliance officer of the foreign limited liability partnership on the expiry of one month from the date of the lodgment of the notice.
A foreign limited liability partnership and every partner of the foreign limited liability partnership who fail to comply with subsection (1)
partner
“partner”, in relation to a limited liability partnership, means any person who has been admitted as a partner in the limited liability partnership in accordance with the limited liability partnership agreement, and includes a salaried partner whether or not he is an employee of the limited liability partnership;
commit an offence under this Act.
*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016
[Act 777] w.e.f 31 January 2017―see subsection 620(1) of Act 777.
40 Laws of Malaysia ACT 743
A foreign limited liability partnership shall have a registered office in Malaysia to which all communications and notices may be addressed.
In addition to the requirements under section 19, the foreign limited liability partnership shall keep at the registered office the following documents:
a certified copy of the certificate of registration or any other similar document in its place of incorporation, establishment or origin; and
a certified copy of its charter or instrument defining its constitution, if any.
A foreign limited liability partnership shall lodge with the
Registrar a declaration as specified in subsection 68(1) annually within thirty days of the anniversary of its registration under the Act or any other period as the Registrar may upon application allow.
A foreign limited liability partnership which fails to comply with subsection (9) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit and, in the case of a continuing offence, to a further fine not exceeding five hundred ringgit for each day during which the offence continues after conviction.