Loading
Form preview picture

Get 48a Form

SSM s Practice Note No. 14 /2012 COMPANIES ACT 1965 PRACTICE NOTE NO. 14/2012 RE CLARIFICATION ON THE EXECUTION OF FORM 48A FOR THE PURPOSES OF E-LODGEMENT This Practice Note serves to clarify on the execution of Form 48A for the purposes of e-Lodgement. Currently as access to lodge documents electronically with the Registrar is only given to company secretaries this raises the question as to whether Form 48A must still be executed by directors in cases where the lodgement of the form is made STREAMLINING THE LEGAL REQUIREMENTS AND PRACTICE To streamline the legal requirements and the practice it is imperative that Form 48A must still be executed by a director or a promoter to fulfil the requirements under section 123 4 of the Only upon execution of Form 48A can company secretaries such consent and considered to have fully complied with the requirement under section 11A 6A of the CA 1965. Upon lodgement to the Registrar and thereafter with the Official Receiver pursuant to the requirements of section 123 4 a copy of the duly executed Form 48A must also be kept at the registered address of the company. BACKGROUND Section 123 4 of the Companies Act 1965 CA 1965 requires every director to make and lodge with the Registrar and the Official Receiver a statutory declaration via Form 48A stating his consent to act as a director of a company. In addition he is also required to state that a he is not an undischarged bankrupt and b he is not convicted of i any offence in connection with the promotion formation or management of a corporation ii any offence involving fraud or dishonesty punishable on conviction with imprisonment for three months or more or iii any offence under section 132 or 303 of the CA 1965. Such statutory declaration must be executed before the appointment of a director. In tandem with the advent of ICT the CA 1965 was amended in September to allow the lodgement of documents electronically through the introduction of section 11A. The section was further amended in August 2007 to facilitate electronic lodgement which amongst others introduced a new provision to replace the requirement for statutory declaration with an electronic declaration* Subsection 11 6A and 6B stipulates the following 6A Where document is be filed lodged electronically in place of a statutory declaration that must be made by a person under this Act there shall be filed or lodged with the Registrar electronically a declaration made by the person in the manner prescribed by the Registrar and the Registrar may accept such statements as sufficient evidence of compliance. 6B Statements made by virtue of subsection 6A shall be deemed to be such declarations as are referred to in sections 199 and 200 of the Penal Code Act 574. declaration of consent and qualification to act as director under the CA 1965. REGISTRAR OF COMPANIES COMPANIES COMMISSION OF MALAYSIA 5 September 2012. In addition he is also required to state that a he is not an undischarged bankrupt and b he is not convicted of i any offence in connection with the promotion formation or management of a corporation ii any offence involving fraud or dishonesty punishable on conviction with imprisonment for three months or more or iii any offence under section 132 or 303 of the CA 1965. Such statutory declaration must be executed before the appointment of a director. In tandem with the advent of ICT the CA 1965 was amended in September to allow the lodgement of documents electronically through the introduction of section 11A..

How It Works

undischarged rating
4.8Satisfied
27 votes

How to fill out and sign III online?

Get your online template and fill it in using progressive features. Enjoy smart fillable fields and interactivity. Follow the simple instructions below:

Business, tax, legal along with other e-documents require an advanced level of compliance with the legislation and protection. Our templates are regularly updated according to the latest legislative changes. Additionally, with our service, all the info you provide in your 48a Form is protected against leakage or damage with the help of industry-leading encryption.

The following tips will help you complete 48a Form easily and quickly:

  1. Open the template in our feature-rich online editor by clicking Get form.
  2. Fill in the requested fields that are colored in yellow.
  3. Hit the arrow with the inscription Next to jump from field to field.
  4. Use the e-signature solution to e-sign the form.
  5. Add the relevant date.
  6. Double-check the entire document to make sure you haven?t skipped anything.
  7. Press Done and save your new document.

Our platform enables you to take the entire process of submitting legal forms online. Due to this, you save hours (if not days or weeks) and eliminate additional costs. From now on, fill in 48a Form from home, workplace, as well as while on the move.

Get form

Experience a faster way to fill out and sign forms on the web. Access the most extensive library of templates available.

Get This Form Now!

Use professional pre-built templates to fill in and sign documents online faster. Get access to thousands of forms.

Ensure the security of your data and transactions

USLegal fulfills industry-leading security and compliance standards.

  • VeriSign logo picture

    VeriSign secured

    #1 Internet-trusted security seal. Ensures that a website is free of malware attacks.

  • Norton logo picture

    Norton Secured

    The highest level of recognition among eCommerce customers.

  • Accredited Business

    Guarantees that a business meets BBB accreditation standards in the US and Canada.

  • TopTenReviews logo picture

    TopTen Reviews

    Highest customer reviews on one of the most highly-trusted product review platforms.