0% found this document useful (0 votes)
153 views

Companies Act 2016 - Practical Guide For Company Secretaries

Uploaded by

Hing Wee Keat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
153 views

Companies Act 2016 - Practical Guide For Company Secretaries

Uploaded by

Hing Wee Keat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

20

KEMENTERIAN PERDAGANGAN DALAM NEGERI


DAN KOS SARA HIDUP
23
SSM TRAINING

COMPANIES ACT 2016.


PRACTICAL GUIDE FOR
COMPANY SECRETARIES
COURSE INTRODUCTION
The Companies Commission of Malaysia Act 2001 gives
power to the Companies Commission of Malaysia (“SSM”) to
issue guidelines, practice notes, directive, notices or circulars
(“Subsidiary Legislations”) as it considers appropriate and
may impose any condition or restriction as SSM thinks fit.
Section 610 of the Act gives powers to SSM to determine
the particulars, form and manner of information contained in
documents required to be lodged under the Act. This means
that the company secretaries have to be constantly vigilant of
the new Subsidiary Legislations issued by SSM, understand
the new provisions and how to apply it. The provisions of
the Companies Act 2016 (“the Act”) on certain administrative
matters, issuance of shares and distribution of dividends
differs from the repealed Companies Act 1965, so company
secretaries should understand the new provisions and ensure
compliances with the new provisions.
COMPANIES ACT 2016.
PRACTICAL GUIDE FOR COMPANY SECRETARIES

COURSE OBJECTIVES • PN 6/2019: Procedures for rectification of documents


This course allows participants to quickly obtain the basic, lodged and registered with the Companies Commission
yet comprehensive essential company secretarial procedures of Malaysia.
on the routine assignments on administration of companies, • Guidelines on company limited by guarantee.
dealing with pre-emptive rights to new shares, declaration of • Guidelines on striking off under section 549(a) of
dividend and handling the subsidiary legislations issued by Companies Act 2016.
the Registrar of Companies. • Guidelines for application to reinstate company under
section 555(1) of Companies Act 2016.
COURSE CONTENTS • Guidelines relating to practicing certificate for secretaries
under section 241 of the Companies Act 2016.
Administration of Companies
• Guideline for the Reporting Framework for Beneficial
• Publication of name and company number.
ownership of Legal Persons.
• Documents to be kept at registered office.
• Register of Members.
LEARNING OUTCOME
• Annual Return – Step by step guide to completing the
return. By attending this course, the participants will be able to:
• Have a better understanding on some of the administrative
Beneficial Ownership (“BO”) requirements of the Act and the implications for non-
• Identifying the BO. compliance.
• Obtaining the BO information. • Assist directors on the preparation of relevant documents
• Verifying the BO information. to support the basis for arriving at the decision that a
• Updating the Register of BO. company is solvent upon the distribution of dividend.
• Take-away sample resolutions, letters and documents for
Issue of new shares reference.
• Powers of shareholders and directors to issue shares.
• Circumstances of application of pre-emptive rights. WHO SHOULD ATTEND
• Procedures on undertaking a rights issue for a private Company secretaries, lawyers, accountants and corporate
company. consultants.

Declaration of dividend
• Assessment of solvency.
• Who has powers to declare dividend.
• Significance of declaration date and payment date. ABOUT THE TRAINER
Practice Directives (PD), Practice Notes (PN) and
Guidelines LEONG OI WAH is a Fellow Member
• PD 1/2017: Documents under the Companies Act 2016, of the Malaysian Institute of Chartered
the lodgement requirements and related matters. Secretaries and Administrators (MAICSA)
• PD 2/2017: Notification of change in the business address and has more than 30 years of experience
and/or nature of business. in handling corporate secretarial matters
• PD 3/2017: Qualifying criteria for audit exemption for in the profession and the corporate sector.
certain categories of private companies.
• PD 5/2018: Lodgment of annual return and changes or Oi Wah is also involved in advisory on corporate
updates of particulars of a company to be lodged in the secretarial requirements including corporate restructuring
annual return. and compliance with various regulatory bodies such as
• PD 7/2020: Lodgement of Annexure on BO information of the Registrar of Companies, Bursa Malaysia Securities
Annual return lodged under section 68 of the Companies Berhad, Securities Commission and other authorities. She
Act 2016. is an approved trainer with HRD Corp. and does regular
• PN3/2018: Clarification on application for Extension of training for the Companies Commission Malaysia Training
time under the Companies Act 2016. Academy and other professional bodies. She is also co-
• PN 4/2018: Procedures on resignation of secretary under author of “Company Meetings, Minutes and Resolutions
section 237 of the Companies Act 2016. in Malaysia” published in 2021 by the Malaysian Current
• PN 5/2019: Queries issued on documents and Law Journal.
applications lodged with the registrar.
COMPANIES ACT 2016.
PRACTICAL GUIDE FOR COMPANY SECRETARIES

ADMINISTRATIVE DETAILS Online Classroom

Date 21 March 2023 Date 12 September 2023


Venue Virtual platform Venue Kuantan, Pahang
Time 9.00 am - 5.00 pm Time 9.00 am - 5.00 pm
Training Lecture and Case Discussion Training Lecture and Case Discussion
Methodology Methodology
Fee RM500.00 Standard Fee RM500.00 Standard
RM400.00 Licensed Secretary RM400.00 Licensed Secretary
Member of MAICSA, Member of MAICSA,
MIA, Malaysian Bar, MIA, Malaysian Bar,
MACS, MICPA, MACS, MICPA,
Sabah Law Society & Sabah Law Society &
Advocates Assoc. of Advocates Assoc. of
Sarawak Sarawak
SSM CPE SSM CPE
8 points 8 points
Points Points

HOW TO REGISTER?
STEP

1 Strictly via online registration at https://e-comtrac.ssm.com.my

STEP

2 NEW USER (First Time Login)


• Click on SIGN UP
EXISTING USER of SSM EzBiz
• Key in USERNAME and PASSWORD
• Key in REGISTRATION INFORMATION • Click on SIGN IN
• Click on REGISTER
• Key in USERNAME and PASSWORD

STEP

3 •

Select training
Check on Available Seat
• Click on Add Participant
• Key in participant's information
• Click on Submit
• Check participant's details
• Click on Submit Payment

Note: Please submit your application within 15 minutes. Otherwise the system will automatically cancel your
transaction and you will lose your seat(s). Please re-apply if you wish to proceed. Full payment shall be made
at the point of registration.
COMPANIES ACT 2016.
PRACTICAL GUIDE FOR COMPANY SECRETARIES

TERMS & CONDITIONS FOR REGISTRATION OF TRAINING PROGRAMMES UNDER COMTRAC

Payment Mode Copyrights


• All training programmes registrations MUST be applied through The materials of the training programme are solely for participants’ personal
e-COMTRAC. Upon submitting the registration application, participant use. No part of these materials may be stored, reproduced or transmitted in
is deemed to have read and accepted the terms and conditions herein. any form or by any means, including photocopying, e-mailing and recording,
• Payment by cash and cheque is not acceptable effective from January without the written permission of the author or The Companies Commission
2021. of Malaysia (SSM). Information contained in these documents is understood
to be correct at the time of writing. The assessments and views expressed
Webinar Access Link in these materials shall be treated/ regarded purely for public information
• A notification e-mail with the webinar access link will be sent at least 24 and discussion and it does not constitute formal advice. The views provided
hours before the commencement of the webinar. are for general information to provide better clarity and understanding of the
• The access link is unique for registered participants and should not be subject matter. It should not be relied upon as an alternative to specific legal
forwarded or shared with others. advice from your lawyer or other professional service provider. If you have
any specific issues and/ or questions about any legal matter, you should
Certificate of Attendance consult your lawyer or other professional service provider. In no event shall
• Participant will be issued a Certificate of Attendance upon full attendance the Companies Commission of Malaysia (SSM) be liable for any damages,
of the programme and payment is received. whether in an action of contract, negligence or other tort, arising from the
• A participant is allowed to attend ONE programme per day to be eligible contents in these materials.
for certificate of attendance. Request for refund will not be entertained if
you have registered for more than one programme per day. Disclaimer
• SSM will charge an administrative fee of RM30.00 per copy for any SSM reserves the right to cancel the programme, change date(s), venue(s),
replacement of certificate due to errors in name or identification card speaker(s) or any other changes due to any unforeseen circumstances
number wrongly filled by participant / representative during registration that may arise without prior notice to participants. SSM also reserves the
or loss of certificate, etc. right to make alternative arrangements without prior notice. SSM accepts
no responsibility for death, illness, injury, loss or damage of any property
Cancellation / Absent belonging to, or financial loss by any persons attending the programme,
• No refund will be given for participant who failed to attend the programme. whatever the cause. SSM shall not be responsible for any costs, damages
• Replacing registered participant is not allowed. or losses incurred by participants dues to the changes and / or cancellation.
SSM is not responsible for the integrity of participants’ computer or device,
Transfer your internet signal bandwidth, or any other consideration outside of the
Transfer of registration fee to another training programme is not allowed. control of SSM.

Personal Data Protection Notice SSM shall not be responsible for any problems or technical malfunction,
Your personal data and other information provided in this application and including, without limitation, the acts, omissions, problems or malfunctions
including any additional information you may subsequently provide, may of any telephone network or lines, computer online systems, servers,
be used and processed by COMTRAC/SSM as a reference in future to computer equipment, software, failure of e-mail, traffic congestion on the
communicate with you on our training programmes/events. In line with internet or at any web or combination thereof.
the Personal Data Protection Act 2010, we wish to obtain your agreement
and consent for using your personal data. If you do not consent to the All information contained in the brochure is correct and accurate at the time
processing and disclosure of your personal data, you should send an e-mail of publication.
to us at [email protected].

Human Resources Development Corporation


Suruhanjaya Syarikat Malaysia is registered as a training provider with
HRD Corp under GOV1000117857. This training is claimable under SBL
Scheme (employer needs to apply for grant at least one day before the
commencement of training).

COMPANIES COMMISSION OF MALAYSIA TRAINING ACADEMY & KNOWLEDGE MANAGEMENT DIVISION

Companies Commission of Malaysia


Level 12, Menara SSM@Sentral Tel : +603 2299 4906/ 4440/ 5308/ 4441
No.7, Jalan Stesen Sentral Email : [email protected]
50623 Kuala Lumpur. Website : www.ssm.com.my

You might also like