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What is Annual Return (for a Sdn Bhd)?

#SSM #Companies_Act_2016 (Section 68) requires every Company (Sdn Bhd or Bhd) to lodge #Annual_Return (i.e. to file in to SSM)


When? Not later than 30 days from the anniversary of its incorporation date.


What?

The annual return of a company shall contain the following particulars:

a) the address of its registered office;

b) the nature of its business;

c) the address of the places where its business is carried on, including branch, if any;

d) the address at which its register of members is kept, if not kept at the registered office;

e) the address at which its financial records are kept, if not kept at the registered office;

f) in the case of a company with a share capital, the summary of its shareholding structure, including debentures;

g) the total amount of its indebtedness;

h) the particular of directors, managers, secretaries and auditors;

i) the list of its members; and

j) such other information as the Registrar may require.


Who can sign the Annual Return?

The Annual Return shall be signed by a Director or Secretary of the Company.


What if Annual Return not lodged ?

As provided in Section 549 of #CA2016, the Registrar (i.e. SSM) can strike a company off if the company fails to lodge an annual return for three or more consecutive years.


What is/are the offence, if not comply with Section 68?

The Company and every officer (i.e. Director and Secretary), shall , on conviction, be liable to a fine not exceeding RM 50,000 and in the case of a continuing offence, to a further fine not exceeding RM1,000 for each day (during which offence continues after conviction).



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