STATUTORY BOOKS STATUTORY FORMS ROSLINDA BINTI AWANG 2012704635

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

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

Statutory Books Non-Statutory Books

Register of Member Register of Directors, Managers and Secretaries S 158 S 141 Register of Debentures S 70 Holders S 69 L Register of Substantial Shareholders Register of Directors’ Shareholdings, Debentures and Interests S 134 Register of Charges Minutes Books of Account S 115 S 156 S 167

REGISTER OF MEMBERS Prima facie evidence of any matters stated therein as required or authorized by S. 158 SECTION 159 - 160 q Name and address q I/C No. q Nationality q Amount paid/agreed to be paid on the shares q Date entered in the Register q Date ceased to be a member q Date of allotment q Date of transfer NINA D 4 N I N A D D

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

REGISTER OF DIRECTORS, MANAGERS & SECRETARIES The register shall contain with respect to each director his consent in writing to the appointment. Directors ü Full Name ü Nationality/race ü Date of Birth ü Residential Address ü Business Occupation (if any) ü Particulars of other Directorship ü Nature of appointment/change and relevant date ü Identity Card no. /passport no. N 2 BABo Po. D N IC (8) N N B A Bo Po. D N IC

REGISTER OF DIRECTORS, MANAGERS & SECRETARIES Manager & Secretary ü Full Name ü Nationality/race üResidential Address ü Other Occupation (if any) ü Nature of appointment/ change and relevant date ü Identity Card no. /passport no. N 2 AONIc (6)

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. 3 Notify Registrar on any changes within one (1) month using FORM 49 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

REGISTER OF DEBENTURES HOLDERS CONTENTS üName of holder üAddress ü Amount held ü Date entered in the register üDate ceased to be holder

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

REGISTER OF SUBSTANTIAL SHAREHOLDERS SUBSTANTIAL SHAREHOLDER WHY? ? He has not less than 5% of aggregate of the amount of all the voting shares in co. Issue share capital = RM 1 million Units of share = 1 million Units per share = RM 1. 00 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

REGISTER OF SUBSTANTIAL SHAREHOLDERS CONTENTS üName üNationality üAddress üFull Particular of voting shares in the co. in which he has interest üfull particulars of such interest

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

REGISTER DIRECTORS SHAREHOLDINGS, DEBENTURES & INTERESTS SHARES -company related company (share director has interest/nature/extent) CONTRACTS DIRECTORS *entitled get benefit (a right to call for/ make delivery of shares, debentures) S 134 Every company keep Register show each director: RIGHT/OPTIONS -director /other person (acquire or disposal of shares, debenture) DEBENTURES (participate interest) –made available by comp/related comp –director has an interest/nature/extent

A company need not show in Register: -

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.

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

BOOKS OF ACCOUNTS

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 Must be prepared on -International sheet size A 4 ( good quality) --Margin not less than 25 mm Documents must be • Punched with 2 holes of 6 mm in diameter • Measuring 80 mm 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.

PRESCRIBED FEES & LATE LODGEMENT FEES • Imposed in the ranging from RM 50 – RM 5 OO (depend on the company& the length of the delay)

OFFENCES AND PENALTIES FAILURE To supply or provide false information S 7(11) RM 2, 000 Fine & Default penalty To produce books, registers/obstructing register S 7 B RM 10, 000 Fine @ 3 years imprisonment @ both To provide documents Request S 13 RM 5, 000 Fine & Default penalty To appear on examination/refused to answer question S 7 D RM 30, 000 Fine @ 5 years imprisonment @ both To file a copy of resolution/document related to MOA S 12(2) RM 1, 000 Fine & Default penalty

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)

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)

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)

Thank you For Your Attention