Limited Liability Partnerships Act 2012 · Updated to 1 Aug 2022 · Part IX · General
90. Protection to certain partners, officers or employees who make disclosures
Feedback & supportWhere a partner, an officer or employee of a limited liability partnership in the course of performance of his duties has reasonable belief of any matter which may or will constitute a breach or non-observance of the provisions this Act or its subsidiary legislation, or has reason to believe that a serious offence involving fraud or dishonesty has been, is being or is likely to be committed against the limited liability partnership or this Act by any partner or officer of the limited liability partnership, he may report the matter in writing to the
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;
Registrar.
Registrar
“Registrar” means the Registrar designated under subsection 20A (1) of the Companies Commission of Malaysia Act 2001.
No partner, officer or employee of the limited liability
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partnership may be discharged, demoted, suspended, threatened or harassed or in any other manner be discriminated against the terms and conditions of the limited liability partnership agreement, contract of employment or other instrument by reason of the report submitted to him under subsection (1).
limited liability partnership agreement
“limited liability partnership agreement”, in relation to a limited liability partnership, means a written agreement between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners among themselves and their rights and duties in relation to the limited liability partnership;
No partner, officer or employee of the limited liability partnership shall be liable to be sued in any court nor be subject to any tribunal process, including disciplinary action for any report submitted by him under subsection (1) provided that the report is made in good faith.
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;
For the purpose of this section—
“a serious offence involving fraud or dishonesty” means an offence that is punishable by imprisonment for a term of not less than two years; and
“officer” means—
a compliance officer; and
a receiver or manager of any part of the undertaking of the limited liability partnership appointed under a power contained in any instrument.
Power to make regulations