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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..
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