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STATUTORY BOOKS & FORMS

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Presentation on theme: "STATUTORY BOOKS & FORMS"— Presentation transcript:

1 STATUTORY BOOKS & FORMS
ROSLINDA BINTI AWANG ( ) ‘AISYAH BINTI ISMAIL ( ) NUR AIN BINTI ISMAIL ( )

2 Any accounts/ accounting records
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 Non-Statutory Books Statutory Books
THERE 2 CATEGORIES Non-Statutory Books Statutory Books

4 S 158 S 141 S 70 S 69L S 134 S 115 Minutes Books S 156
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 NINA D4 REGISTER OF MEMBERS N I A D
Prima facie evidence of any matters stated therein as required or authorized by S.158 SECTION Name and address I/C No. Nationality Amount paid/agreed to be paid on the shares Date entered in the Register Date ceased to be a member Date of allotment Date of transfer N I A D Information Required/ Contents NINA D4

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 MANAGERS & SECRETARIES
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 B A Bo PoD IC N2 BABo PoD N IC (8)

8 MANAGERS & SECRETARIES
REGISTER OF DIRECTORS, MANAGERS & SECRETARIES Manager & Secretary Full Name Nationality/race Residential Address Other Occupation (if any) Nature of appointment/ change and relevant date Identity Card no./passport no. N2 AONIc (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) month using 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 inspection by 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 SUBSTANTIAL SHAREHOLDER
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 inspection by Others – payment of prescribed fee

15 REGISTER DIRECTORS SHAREHOLDINGS, DEBENTURES & INTERESTS
Every company keep Register show each director:- SHARES -company related company (share director has interest/nature/extent) DEBENTURES (participate interest) –made available by comp/related comp –director has an interest/nature/extent RIGHT/OPTIONS director /other person (acquire or disposal of shares, debenture) CONTRACTS DIRECTORS *entitled get benefit (a right to call for/ make delivery of shares, debentures)

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

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

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

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24 BOOKS OF ACCOUNTS

25 RULES RELATING TO THE STATUTORY FORMS:
Not necessary to strictly comply with the statutory forms ( substantial compliance is sufficient)- regulation 3 of the regulation Must be completed --Margin not less than 25mm Must be prepared on --International sheet size A4 ( good quality) Documents must be Punched with 2 holes of 6mm in diameter Measuring 80mm apart on left-hand margin Must be endorsed Name Address Telephone number Company number Prescribed fees payable must be paid at the time of lodgement.

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

27 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 5 years both RM 10,000 3 years 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

28 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?

29 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 5. List eight (8) type statutory books to be maintained by a company pursuant to the requirements of Companies Act 1965.

30 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)

31 Thank you For Your Attention


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