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ROSLINDA BINTI AWANG (2012704635) ‘AISYAH BINTI ISMAIL ( 2012713259) NUR AIN BINTI ISMAIL

STATUTORY BOOKS & STATUTORY FORMS. ROSLINDA BINTI AWANG (2012704635) ‘AISYAH BINTI ISMAIL ( 2012713259) NUR AIN BINTI ISMAIL ( 2012557719). Who responsible?. Every companies registered with ROC need to keep & maintain statutory books. Include. Any documents.

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ROSLINDA BINTI AWANG (2012704635) ‘AISYAH BINTI ISMAIL ( 2012713259) NUR AIN BINTI ISMAIL

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  1. STATUTORY BOOKS & STATUTORY FORMS ROSLINDA BINTI AWANG (2012704635) ‘AISYAH BINTI ISMAIL (2012713259) NUR AIN BINTI ISMAIL (2012557719)

  2. Who responsible? Every companies registered with ROC need to keep & maintain statutory books Include Any documents • Responsible in ensuring that • the requirements of Act in • relation to the Statutory Books • are complied • to prevent falsification of the • books Any accounts/ accounting records Any register/other record of information DIRECTORS AND SECRETARIES

  3. THERE 2 CATEGORIES Non-Statutory Books Statutory Books

  4. Register of Member S 158 Register of Directors, Managers and Secretaries S 141 Register of Debentures Holders S 70 Information Required Register of Substantial Shareholders S 69L Register of Directors’ Shareholdings, Debentures and Interests Legal Requirements in Keeping & Maintaining S 134 Register of Charges S 115 Minutes Books S 156 Books of Account S 167

  5. REGISTER OF MEMBERS Prima facie evidence of any matters stated therein as required or authorized by S.158 N I N A D D D D Information Required/ Contents NINAD4

  6. REMARKS If keep elsewhere, must file FORM 53 with registrar within 14 days to notify the place/change of place Kept at the registered office 1 any member free of charge 2 Open for inspection by other person on payment of a prescribed fee. Maybe closed for not more than 30 days in a year Paying dividends/making some other distributions to members 3 Closure must be authorized by board resolution Notify the Registrar using FORM 53A – at least 14 days 4

  7. REGISTER OF DIRECTORS, MANAGERS & SECRETARIES The register shall contain with respect to each director his consent in writing to the appointment. • Directors • Full Name • Nationality/race • Date of Birth • Residential Address • Business Occupation (if any) • Particulars of other Directorship • Nature of appointment/change and relevant date • Identity Card no./passport no. N N B A Bo PoD N IC N2BABoPoDN IC(8)

  8. REGISTER OF DIRECTORS, MANAGERS & SECRETARIES • Manager & Secretary • Full Name • Nationality/race • Residential Address • OtherOccupation (if any) • Nature of appointment/ • change and relevant date • Identity Card no./passport no. N2AONIc(6)

  9. REMARKS any member free of charge 2 Open for inspection by other person on payment of a prescribed fee. Incorporation of Company A person ceases to be, or become, a director of the co. Notify Registrar on any changes within one (1) monthusing FORM 49 3 A person become/ceases a manager and secretary of the co. Any changes in the name, residential address & other prescribed particulars o any director, manager &secretary

  10. REGISTER OF DEBENTURES HOLDERS • CONTENTS • Name of holder • Address • Amount held • Date entered in the register • Date ceased to be holder

  11. REMARKS Kept at the registered office If keep elsewhere, must file FORM 30 with registrar within 7 days 1 any registered debentures holders 2 Open for inspectionby Within 1 month of any request at RM1.00 for every 100 words 3 Copy of the register Only names and address of the debenture holders will be disclosed

  12. REGISTER OF SUBSTANTIAL SHAREHOLDERS SUBSTANTIAL SHAREHOLDER He has not less than 5% of aggregate of the amount of all the voting shares in co. Issue share capital = RM1 million Units of share = 1 million Units per share = RM 1.00 WHY?? Share capital divided into 2/more classes of shares & shares held by him are in one/more of those class of shares, the aggregate of all the voting shares included in that class/those class

  13. REGISTER OF SUBSTANTIAL SHAREHOLDERS • CONTENTS • Name • Nationality • Address • Full Particular of voting shares in the co. in which he has interest • full particulars of such interest

  14. REMARKS Kept at the registered office If keep elsewhere, must file FORM 30 with registrar within 7 days 1 any member – free of charge 2 Open for inspectionby Others – payment of prescribed fee

  15. REGISTER DIRECTORS SHAREHOLDINGS, DEBENTURES & INTERESTS

  16. A company need not show in Register:- Wholly owned subsidiary of the company Another corporation

  17. REGISTER OF CHARGES Private individuals Financial institutions Company raise finance by borrowing To finance operation through the issue of debt securities e.g form of debentures.

  18. MINUTES BOOK Minutes are written record of business at meeting. Minutes must be authentic, complete and free from ambiguity.

  19. BOOKS OF ACCOUNTS

  20. STATUTORY FORMS RULES RELATING TO THE STATUTORY FORMS:

  21. PRESCRIBED FEES & LATE LODGEMENT FEES • Imposed in the ranging from RM50 – RM5OO (depend on the company& the length of the delay)

  22. OFFENCES AND PENALTIES FAILURE To appear on examination/refused to answer question S 7D To supply or provide false information S 7(11) To produce books, registers/obstructing register S 7B RM 2,000 Fine & Default penalty RM 30,000 Fine @ 5 years imprisonment @ both RM 10,000 Fine @ 3 years imprisonment @ both To file a copy of resolution/document related to MOA S12(2) To provide documents Request S13 RM 1,000 Fine & Default penalty RM 5,000 Fine & Default penalty

  23. PAST YEAR QUESTION JUNE 2012 PART A 2. The Companies Act 1965 requires every company registered with the CCM to keep and maintain statutory registers/books. i. List all statutory registers/books that are required to be maintained by a company (2 marks) ii. Where must the statutory registers/books be kept and maintained? (2 marks)

  24. APRIL 2011 PART A 1. Name all the statutory registers that are required to be maintained by a company in accordance with the Companies Act 1965. (4 marks) APRIL 2010 PART A 5. List eight (8) type statutory books to be maintained by a company pursuant to the requirements of Companies Act 1965. (4 marks)

  25. OCTOBER 2010 PART A 3. State all the statutory books that are required to be maintained by a company in pursuant to the requirements of Companies Act 1965. (4 marks)

  26. Thank you For Your Attention

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