COMPANIES COMMISSION OF MALAYSIA
REGISTRATION OF BUSINESSES ACT 1956
REGISTRATION OF BUSINESSES (AMENDMENT) RULES 2002
Members are informed that the Registration of Businesses Act 1956 has been amended
as per the Registration of Businesses (Amendment) Act 2002 (Act A1119, Laws of
Malaysia).
The rules of registration of Businesses has also been amended via the procedure of
Registration of Businesses (Amendment) Rules 2002 (P.U (A) 141/2002)
The amendments are effective April 16, 2002.
UNDANG-UNDANG MALAYSIA
AKTA A1119
AKTA PENDAFTARAN PERNIAGAAN
(PINDAAN) 2001
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Undang – Undang Malaysia
(b) dalam takrif “certificate of registration”, dengan memotong perkataan “or
deemed to be issued”;
(c) dengan memasukkan selepas takrif “Collector” takrif yang berikut:
‘ “Commission” means the Companies Commission of Malaysia
established by the Companies Commission of Malaysia Act 2001;’;
(d) dengan memasukkan selepas takrif “inspector” takrif yang berikut:
‘ “Minister” means the Minister charged with the responsibility for the
registration of businesses;’; dan
(e) dengan menggantikan takrif “Registrar” dengan takrif yang berikut:
‘ “Registrar” means the Registrar of Businesses as designated in section 3
and, subject to section 3(4), includes a Deputy Registrar and Assistant
Registrar;’.
Pindaan seksyen 3
3.
Akta ibu dipinda dengan menggantikan seksyen 3 dengan seksyen yang berikut:
“Registrar, Deputy and Assistant Registrars of Businesses, inspectors, etc.
3.
(1) The Chief Executive Officer of the Commission shall be the Registrar of
Businesses.
(2) The Commission shall appoint on such terms and conditions as it may
determine from amongst persons in the employment of the Commission
such number of Deputy Registrars, Assistant Registrars, inspectors and
other officers as may be necessary for the proper administration of this
Act.
(3) The persons holding office as Deputy Registrars, Assistant Registrars or
inspectors and other officers in the office of the Registrar of Businesses
immediately before
Undang-Undang Malaysia
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Akta A1119
(2) An application under subsection (1) shall be made in the prescribed
form and shall state –
(a) the name of the business;
(b) the nature of the business;
(c) the date of the commencement of the business;
(d) the address of the place of business, and in the case of a business having
more than one place of business, the addresses of the branches
(e) in the case of partnership, the particulars of the partnership agreement,
if any;
(f)
in respect of the associates of the business, their full names, positions
held, and dates of entry into the business; and
(g) such other information as the Registrar may require.
(3) Upon receipt of an application together with the information required
under subsection (1) and upon payment of the prescribed fee, the
Registrar shall register the business for a period which shall not exceed
five years and issue a certificate of registration for the business in
accordance with the other provisions of this Act and the rules made
under this Act.
(4) The Registrar shall, on payment of the prescribed fee, issue a certificate
of registration for each branch of the business so registered.
(5) The certificate of registration issued for any branch shall be valid for a
period concurrent with the period of registration of the principal business
or for any remaining period of such registration.
(6) Unless renewed by the Registrar, the registration of a business shall
expire on the date stated in the certificate of registration or upon the
termination of the business.
(7) For the purpose of this section, rules made under this Act may provide
for the exemption from registration or for registration in special form or
manner of any associate of a business who has not attained such age as
may be prescribed.
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Undang – Undang Malaysia
Akta A1119
(2) Upon receipt of the particulars of the change and upon payment of the
prescribed fee, the Registrar shall make the necessary amendments to
the register.
(3) In the case of change in –
(a) the general nature of business; or
(b) the address of the principal place of the business or any other place
where the business is carried on,
the Registrar shall issue a new certificate of registration in respect of such
business, and cancel the existing certificate of registration.
Refusal to register or revocation of registration of, business
5c. (1) Notwithstanding anything to the contrary in this Act, the Registrar
shall refuse to register any business if the Registrar is satisfied that
the business is likely to be used for unlawful purposes or any purpose
prejudicial to or incompatible with the security of the Federation,
public order or morality.
(2) Where a business has been registered, the Registrar shall revoke its
registration if the Registrar is satisfied that the business is being used
for unlawful purposes or any purpose prejudicial to or incompatible
with the security of the Federation, public order or morality
Termination of business
5D (1) Where a business registered under this Act has been terminated, the
person responsible for the business shall within thirty days of the
termination notify the Registrar in the prescribed form of such
termination.
(2) Where a business terminates upon the death of an associate of the
business and there is no surviving associate of the business or person
responsible for the business, the personal representative or the next-
of-kin of the deceased associate shall within four months from the
date of such death notify the Registrar in the prescribed form of such
termination.
Undang – Undang Malaysia
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Akta A1119
(c)
dalam subseksyen (3), dengan menggantikan perkataan “Every
inspector” dengan perkataan “The Registrar or an inspector”; dan
(d)
dalam subseksyen (4) –
(i)
dengan menggantikan perkataan “an inspector” di mana-mana
jua terdapat dengan perkataan “the Registrar or an inspector”,
dan
(ii) dengan menggantikan perkataan “such inspector” dengan
perkataan “the Registrar or inspector”.
Pindaan seksyen 10
9.
Seksyen 10 Akta ibu dipinda dengan menggantikan perkataan “before himself”
dengan perkataan “before the Registrar”.
Pindaan seksyen 11
10. Akta ibu dipinda dengan menggantikan seksyen 11 dengan seksyen yang berikut:
“Appeal
11 (1) Any person who is aggrieved by any decision of the Registrar under
section 5, 5A, 5B, 5C, 5D, or 5E may appeal to the Minister in the prescribed
manner within thirty days from he date decision is communicated to such
person.
(2) The Minister’s decision on an appeal under subsection (1) shall be final”.
Seksyen baru 11A
11. Akta ibu dipinda dengan memasukkan selepas seksyen 11 seksyen yang berikut:
“Display of certificate of registration
11A. The Certificate of registration issued in respect of a business registered under
this Act shall be kept exhibited in a conspicuous place at the principal place of
business and the certificate issued for each branch of the business shall be
kept exhibited in a conspicuous place at that branch”.
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Akta A1119
Seksyen baru 12A
13.
Akta ibu dipinda dengan memasukkan selepas seksyen 12 seksyen yang berikut:
“General penalty
12A. Any person who is guilty of an offence under this Act or any rules made
under this Act for which no penalty is expressly provided for shall on
conviction be liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding one year or to both”.
Pindaan seksyen 13
14.
Akta ibu dipinda dengan memnggantikan seksyen 13 dengan seksyen yang berikut:
“Institution of prosecution
13.
No prosecution for or in relation to any offence under this Act shall be
instituted except by or with the written consent of the Public Prosecutor”.
Pindaan seksyen 14
15.
Akta ibu dipinda dengan menggantikan seksyen 14 dengan seksyen yang berikut:
“Compounding of offences
14. (1) The Registrar may compound any offence committed by any person
under this Act or any rules made under this Act by making a written offer
to the person to compound the offence upon payment by that person of a
sum of money not exceeding fifty per centum of the amount of the
maximum fine.
(2) An offer under subsection (1) may be made at any time after the offence
has been committed but before any prosecution for it has been instituted.
(3) Where the amount specified in the offer is not paid within the time
specified in the offer, or within such extended period as may be granted
by the Registrar, prosecution for the offence may be instituted at any time
after that against the person to whom the offer was made.
Undang-Undang Malaysia
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Akta A1119
(2) Any copy or extract if duly certified under the hand of the Registrar to
be a true copy or extract under subsection (1) shall be admissible as prima
facie evidence in any proceedings without proof being given that the
certificate was signed by the Registrar”.
Pemotongan seksyen 22
19.
Akta ibu dipinda dengan memotong seksyen 22.
Seksyen baru 22A
20.
Akta ibu dipinda dengan memasukkan selepas seksyen 22 seksyen yang berikut:
“Electronic filing of documents
22A. (1) The Registrar may provide a service for the electronic filing or lodging of
documents required by this Act to be filed or lodged with the Registrar.
(2) A person who intends to use the service provided under subsection (1)
shall become a subscriber to the service by paying the prescribed fee
and by complying with such terms and conditions as may be determined
by the Registrar.
(3) Only a subscriber to the service provided under subsection (1) may
electronically file or lodge documents with the Registrar.
(4) A document electronically filed or lodged under this section shall be
deemed to have satisfied the requirement for filing or lodgment if the
document is communicated or transmitted to the Registrar in such
manner as may be prescribed by rules or approved by the Registrar.
(5) The Registrar may, by order published in the Gazette, prescribe the
documents that may be electronically filed or lodged.
(6) A document that is required to be stamped, signed or sealed shall, if it is
to be electronically filed or lodged, be certified or authenticated in such
manner as may be prescribed by rules or approved by the Registrar.
REGISTRATION OF BUSINESS ACT 1956
REGISTRATION OF BUSINESS (AMENDMENT) RULES 2002
IN exercise of the powers conferred by section 16 of Registration of Businesses Act 1956
[Act 197] the Minister makes the following rules:
Citation and comencement
1. (1) These rules may be cited as the Registration of Businesses (Amendment)
Rules 2002.
(2) The Rules come into operation on 16 April 2002
Amendment of rule 3
2. The Registration of Businesses Rules 1957 [L. N. 282/57], which in these Rules are
referred to as the “principal Rules”, are amended by substituting for rule 3 the
following rule:
“Registration.
3.
(1) An application for the registration of a business shall be
made in Form A.
(2) The person responsible for a business required to be
registered shall duly complete and sign one copy of Form
A and deliver such form to the Registrar.
(3) The fee payable for the registration of a business shall be
as prescribed by rule 19”.
Substitution of rule 5
3. The principal Rules are amended by substituting for rule 5 the following rule:
Terminated, the person responsible for the business, or in the case of
termination upon the death of an associate and there is no surviving
associate of the business or person responsible for the business, the
personal representative or the next-of-kin of the deceased, shall file a notice
of termination in Form C.
(2) The certificate of registration of that business shall be surrendered to the
Registrar for cancellation.
(3) In the case of a partnership, where a partner of a business cannot be found
or located, the remaining partner shall file form C together with a statutory
declaration stating that he had made all efforts to locate his partner, but
failed in his efforts.
(4) For the purpose of paragraph (3) of this rule, the remaining partner shall be
responsible for any claim against the Registrar for the termination of that
business”.
Amendment of rule 8
6. Subrule 8(5) of the principal Rules is amended by substituting for the word “Rule”
the word “rule”.
New rule 8A
7. The principal Rules are amended by inserting after rule 8 the following rule:
“Appeal.
8A.
(1)
Any person making an appeal under section 11 of the Act
shall submit a notice of appeal to the Minister within the
time specified in subsection
(5)
Where the appellant decides not to pursue his appeal he may
withdraw the appeal at any time before the determination of
the appeal whereupon the decision of the Registrar shall be
deemed to be final.
(7)
Every notice or document relating to an appeal under this rule
shall be sent in duplicate to the Minister”.
Deletion of rule 11
8. The principal Rules are amended by deleting rule 11.
Amendment of rule 13
9. Rule 13 of the principal Rules is amended –
(a) in subrule (1), by deleting the words “in Schedule hereto”; and
(b) in subrule (2), by substituting for the words “registered business certificate” the
words “certificate of registration”.
New rule 13A
10. The principal Rules are amended by inserting after rule 13 the following rule:
“Display of signboard.
13A. (1) Every registered business shall put up a
signboard displaying the business name and
registration number outside the place of
business, and if there is more than one place of
business, outside each lace of business.
(2) Paragraph (1) of this rule shall not apply supply”.
Amendment of rule 15
12. The principal Rules are amended b substituting for rule 15 the following rule:
“Business names.
15. (1) Except with the consent of the Minister, no
business shall be registered by a name which –
(a) contains any word suggesting connection with
the Yang diPertuan Agong, the Raja Permaisuri
Agong or the Ruler of a State or a member of the
Royal Family or Royal patronage, including such
words as “Royal” or any equivalent expression;
(b) contains any word suggesting connection with
the Federal or a State government department,
statutory body, authority or agency or any
municipality or other words as “Federal”, “State”
or “National”.
(c) Contains any word suggesting conection with any
Asean, Commonwealth or other foreign
government or with the United Nations or any
other international organization;
Amendment of rule 16
13. Rule 16 of the principal Rules is amended by substituting for the word “rules” the
word “Rules”.
New rule 17A
14. The principal Rules are amended by inserting after rule 17 the following rule:
“Offences
17A.
(1)
Any person who –
(a) being a person required to register
separately all business name under the Act
carries on the businesses without registering
each of the business name; or
(b) being a person responsible for the business
continues to carry on the business without
submitting the changes to the registered
particulars of the registered particulars of
the business; or
(c)
(2)
being a person responsible for the business
or a personal representatives or next-of-kin
or a remaining partner fails to file a notice of
termination where the business has been
terminated, commits an offence.
Nothwithstanding paragraph (2) of rule 13A, a
person who, being responsible for the business,
permits any business to be carried out at the
(a) by substituting for the words “THE
SCHEDULE” the words “FIRST SCHEDULE”,
(b) in form A –
(i) by deleting the words “Saya/Kami
menyerahkan Wang Kiriman/Wang Tunai
sebanyak RM250/RM50 untuk bayaran
pendaftaran dan untuk Perakaunan
Pendaftaran”.
(ii) by deleting the words “I/We submit
Money Order/Cash for RM25/RM50 in
payment of registration fee and for the
issue of a Certificate of registration”;
and
(iii) in paragraph A, in item 4, by
substituting for the word “POSCODE”
the word “POSTPOCODE”; and
(c) by inserting after Form A the following Form:
3. JENIS PERUBAHAN / TYPE OF CHANGES

PERUBAHAN ALAMAT UTAMA / CHANGE OF PRINCIPAL ADDRESS

PERUBAHAN PEMILIKAN / CHANGE IN OWNERSHIP

PERUBAHAN JENIS PERNIAGAAN / CHANGE IN TYPE OF BUSINESS

PERUBAHAN CAWANGAN / CHANGE IN BRANCH
4. TANDAKAN SAMA ADA PERUBAHAN ITU:/ INDICATE IF THE CHANGES ARE:


TELAH DIDAFTARKAN / REGISTERED
BELUM DIDAFTARKAN / REGISTERED
5. PENGESAHAN / VERIFICATION
Saya yang bertandatangan dibawah mengesahkan bahawa segala maklumat yang
diberikan adalah benar.
I the undersigned confirm that all information given is true.
6. TARIKH / DATE
________________________
TANDANGAN PEMILIK ATAU
SALAH SEORANG RAKAN KONGSI/
SIGNATURE OF OWNER OR
ANY OF THE PARTNERS
New Second Schedule
19. The principal Rules are amended by inserting after the First Schedule the following
Schedule:
(d)
renewal of certificate
of registration for each branch
5.00 per year
4. Rule 6
Changes in registered particulars
20.00
5. Rule 14
(a)
inspection of Register of Business
10.00 per registered
business
(b)
inspection of files
10.00 per registered
business
(d)
certified copy of entries
5.00 per copy
(e)
uncertified copy of entries
1.00 per copy
(f)
a certified copy of certificate of registration
10.00 per copy
(g)
statistical data in respect of businesses
registered
20.00 per copy
(h)
any other information
10.00 per copy