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This Order may be cited as the Companies (Shareholder’s Code of Key questions are then whether their present M&A is compliant with the Companies Act 2016, or whether they can retain their existing M&A provisions. DEFINITIONS AND INTERPRETATIONS 3. 2. THE COMPANIES ACT, 2016 MALAYSIA _____ PUBLIC COMPANY LIMITED BY SHARES _____ CONSTITUTION of BUMI ARMADA BERHAD Company No. ^$B���ެ�ѧ�7���!�.fI6Ok/!����+�%��Z��w\�����"}(���? The name of the Company is S P SETIA BERHAD. If the existing company decides to revoke the existing M&A and NOT to have a specific constitution, the company must pass a resolution to that effect. Liability of Members 4. Under section 619(3) of the Companies Act 2016, for existing companies already registered under the previous law, their M&A remains valid and enforceable under the Companies Act 2016, unless otherwise resolved by the company. The registered office of the Company will be situated in Malaysia. The company may decide whether to revoke entirely the Constitution or amend certain clauses. An individual being the single shareholder and single director can incorporate a company. China . However, it usually does not create enforceable rights between the shareholders, directors and/or company secretary. <> %PDF-1.7 THE COMPANIES ACT 2016 PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION OF AmBANK (M) BERHAD Name 1. Constitution of Company - Companies Act 2016 - Objects of Company - Doctrine of Ultra Vires - Constitution of Company - Choice to adopt... View more. THE ACT 3. Registered office 2. Registered Office 3. Registered Office and Registers 9. Universiti Teknologi MARA. l­ »¢²×j£Crn+]¬„¥“ÃÂ\óL8Sڐ¿‚ìŠ=j…µE-,Ó¾¹íâ8Áü ™?Gt¼Ô¥ãåb•Í0Ò³›l¶¤>Y´õ" i‘Ñù* µvyÅÓÎG±ìÂ$¾þ ,å€ihŽ-N­¯Á¦]8”4Ƨâ—Ä“W. The Registered Office shall be situated in Malaysia. Third Schedule not to apply INTERPRETATION 7. Company with unlimited capacity 4 INTERPRETATION In this constitution, unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein:- “Act" means the Companies Act, 2016 … No. The provisions set out in the Companies Act 2016 which may be modified or substituted by the provisions of this Constitution shall not apply to the Company, except so far as the same are repeated or contained in this Constitution. Companies incorporated post 31 January 2017, being the effective date of the New Act, have the option of whether to have a Constitution. THE COMPANIES ACT, 2016 MALAYSIA _____ PUBLIC COMPANY LIMITED BY SHARES _____ CONSTITUTION of BUMI ARMADA BERHAD Company No. The Company was incorporated in Malaysia on 1 November 1990 and registered office of the Company is situated in Malaysia. The Registered Office of the Company will be situated in Malaysia. The name of the Company is TENAGA NASIONAL BERHAD (Company No. In this Constitution, the words standing in the first column of the table next hereinafter contained shall bear the meanings set opposite to them respectively in the second column thereof, if not inconsistent with the subject or context- WORDS MEANINGS Act - Applicable Laws - the Companies Act 2016 and any statutory modification, In addition, directors are … THE COMPANY ACT, 2016 COMPANY LIMITED BY SHARES CONSTITUTION OF J.P. MORGAN CHASE BANK BERHAD 1. (b) ‘Bursa Malaysia’ Bursa Malaysia Securities Berhad (Company No. (a) ‘Act’ Companies Act, 2016, and every statutory modification or re-enactment thereof for the time being in force. Section 21 of the Companies Act 2016 (“Act”) shall apply to the Company and the The Registered Office of the Company will be situated in Malaysia. This article will provide an overview of the CA 2016. 2018/2019 THE COMPANIES ACT, 2016 MALAYSIA PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION OF S P SETIA BERHAD 1. First of all, a constitution has similar effect as a contract between the company, shareholder, director and company secretary. The new Act aims to reduce the cost of doing business in Malaysia while increasing protection for stakeholders of a company. Section 21 of the Companies Act, 2016. Under section 619(3) of the Companies Act 2016, for existing companies [that already registered under the previous law], their M&A remains valid and enforceable under the Companies Act 2016. (c) ‘Constitution’ this Constitution as originally framed or from time to time altered or A7.1 Companies have the full capacity of a natural person under the Companies Act 2016 [s 21(1)]. In this Constitution unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein - “Act” means the Companies Act, 2016 and any statutory modification, amendment or re-enactment thereof and any and THE COMPANIES ACT 2016 COMPANY LIMITED BY SHARES CONSTITUTION OF BANK OF TOKYO-MITSUBISHI UFJ (MALAYSIA) BERHAD LHDNMLHDNMLHDN 00143 MALAYSIA maooaoo OS.07.2017 PEUBAT SETEM The name of the Company is BANK OF TOKYO-MITSUBISHI UFJ (MALAYSIA) BERHAD. 2 0 obj The registered office of the Company will be situated in Malaysia. In this constitution, unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein:-“Act" means the Companies Act, 2016 … Short title and commencement. The company may decide whether to revoke entirely the Constitution or amend certain clauses. In this constitution, unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein:-“Act" means the Companies Act, 2016 and any statutory modification, Many companies are considering adopting a constitution. endobj ��6��K)X��ǫ���� C��8�CrȀavE!��M6��� �dҨN���j4�;J�� 9H>��9K��`K�d�x�,E{\��6���UKN^7����?b����e�boB W���a���cʊR�1遬�Q���_���}�9b9]�8� �W;,����7�+�'y���Li���\� Company with unlimited capacity INTERPRETATION 4. THE COMPANIES ACT 2016 PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION of AXIATA GROUP BERHAD 1. Malaysia . Unformatted text preview: The Company’s Constitution Companies Act 2016 The Company’s Constitution In the Companies Act 2016 (“the CA 2016”), the term “constitution” is used to replace “memorandum of association” and “articles of association” collectively.Unless the company is a company limited by guarantee, it is no longer mandatory for the company to have a constitution. GOVERNMENTNOTICENO. 370398-X Incorporated on the 12th day of December 1995 This Constitution has been approved by way of a Special Resolution passed at the 22nd Annual General Meeting held on 30 May 2018. THE COMPANIES ACT 2016 7. 17. 196901000607) (9027-W) Incorporated on the 31st day of … Minimum Number of Members Registered Office 3. 1.4. Universiti Teknologi MARA. THE COMPANIES ACT, 2016 MALAYSIA PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION OF S P SETIA BERHAD 1. The constitution of the company must contain the following, as stated under section 22 of the Companies Act (CA): 1. The Registered Office shall be situated in Malaysia. The provisions set out in the Companies Act 2016 which may be modified or substituted by the provisions of this Constitution shall not apply to the Company, except so far as the same are repeated or contained in this Constitution. 27 COMPANIES ACT (ACTNO15 OF2013) COMPANIES (SHAREHOLDER’S CODE OF CONDUCT) ORDER, 2016 INEXERCISEof the powers conferred by section 73 and 74 of the Companies Act, 2013, I, JOSEPHMWANAMVEKHA, Minister of Industry, Trade and Tourism, make the following Order— 1. In this Constitution, the words standing in the first column of the table next hereinafter contained shall bear the meanings set opposite to them respectively in the second column thereof, if not inconsistent with the subject or context- WORDS MEANINGS Act - Applicable Laws - the Companies Act 2016 and any statutory modification, Companies Act 2016 INTERPRETATION 7. the Companies Act, 2016. the Companies Act, 2016. THE COMPANIES ACT 2016 7. Under section 619(3) of the Companies Act 2016, for existing companies already registered under the previous law, their M&A remains valid and enforceable under the Companies Act 2016, unless otherwise resolved by the company. The provisions set out in the Schedule 3 to the Companies Act 2016 shall not apply to the Company except in so far as the same are repeated or contained in this Constitution. Registered office 3. Be prepared for the change in doing business in Malaysia. Pursuant to the Companies Act 2016 (the Act), the M&A are now collectively known as the Constitution. OFFICE 2. If the company is a company limited by shares, a statement that the liability of its members is limited; (Liability Clause) 3. endobj Company with unlimited capacity 4 INTERPRETATION In this constitution, unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein:- “Act" means the Companies Act, 2016 and any statutory modification, THE COMPANIES ACT 2016 _____ PUBLIC COMPANY LIMITED BY SHARES _____ CONSTITUTION OF SUNWAY BERHAD 1. 3. The name of the Company is AXIATA GROUP BERHAD. No. Power of the Company 3. COMPANIES ACT 2016 6. The registered office of the Company shall be situated in Malaysia. A key area that companies are looking into is the review of their existing memorandum and articles of association (M&A). Australia @2017 Cheng & Co. All rights reserved. In this Constitution unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein – “Act” means the Companies Act, 2016 and any statutory modification, amendment or re-enactment thereof and any and every other legislation for 1 constitution of a company (companies act 2016) law604 OBJECTS OF COMPANY Under the Companies Act 1965, the objects clause of a company stated in the memorandum of association defines a company's capacity to carry out commercial activities. University. THE COMPANIES ACT, 2016 PUBLIC COMPANY LIMITED BY SHARES THE CONSTITUTION OF FGV HOLDINGS BERHAD (FORMERLY KNOWN AS FELDA GLOBAL VENTURES HOLDINGS BERHAD) (Company Number : 800165-P) Incorporated on the 19th day of December 2007 Company constitution may be adopted to exchange the provisions of the… The name of the Company is AmBANK (M) BERHAD. The new Companies Act 2016 (new CA) provides for easier incorporation of companies compared to the existing Companies Act, 1965 (CA 1965). Singapore . The objects for which the Company is established are all or any of the following; it being Under the Companies Act 2016 (“New Act”), the M&A is replaced by Constitution. THE COMPANIES ACT, 2016 PUBLIC COMPANY LIMITED BY SHARES THE CONSTITUTION OF FGV HOLDINGS BERHAD (FORMERLY KNOWN AS FELDA GLOBAL VENTURES HOLDINGS BERHAD) (Company Number : 800165-P) Incorporated on the 19th day of December 2007 Dividends – Application of Solvency Test. endobj 6. In this Constitution the words standing in the first column of the Table Under the Companies Act 2016 (“New Act”), the M&A is replaced by Constitution. �~����9�3.��� �.���p�Z�c�x�v�7ǃ���g3�4Ȑ� The provision is to be complied or a decision may be voided. 196901000607) (9027-W) Incorporated on … Course. Subject to the provisions of the Act and any other written laws and the Constitution, the Company has: Company stream (a) ‘Act’ Companies Act, 2016, and every statutory modification or re-enactment thereof for the time being in force. THE COMPANIES ACT 2016 PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION of AXIATA GROUP BERHAD 1. THE COMPANIES ACT, CHAPTER 50 OF SINGAPORE PUBLIC COMPANY LIMITED BY SHARES Constitution of UNITED OVERSEAS BANK LIMITED (Adopted by Special Resolution passed on 21 April 2016) Incorporated on the 6th day of August, 1935 Lodged in the office of the Registrar of Companies, Singapore. 200866-W), which is a public company limited by shares. —(1) Subject to the provisions of this Act, any person may, whether alone or together with another person, by subscribing his name or their names to a constitution and complying with the requirements as to registration, form an incorporated company. <> #1: Constitution. ����� �8%j0[mPڒ-�'��rx�A(XۥGJ)Qۅ�]��*h�>�������d�� }�ސ\�4'��u YX ل�9N�As��������=�j��.�^ɣNe=1�ˡ�$eथǼ |=��h��=v�L���ʅX�2llHG�z3��:gs�. The duties of directors stipulated in the Companies Act 2016 are not exhaustive and generally directors are imposed with statutory duties, duty of care and fiduciary duties. Under the Companies Act 2016 (“New Act”), the M&A is replaced by Constitution. The provisions set out in the Companies Act 2016 which may be modified or substituted by the provisions of these clauses shall not apply to the Company, except in so far as the same are repeated or contained in this Constitution. 2. ProvisionsApplicable to Certain Types of Companies 8. THE COMPANIES ACT 2016 COMPANY LIMITED BY SHARES CONSTITUTION OF BANK OF TOKYO-MITSUBISHI UFJ (MALAYSIA) BERHAD LHDNMLHDNMLHDN 00143 MALAYSIA maooaoo OS.07.2017 PEUBAT SETEM The name of the Company is BANK OF TOKYO-MITSUBISHI UFJ (MALAYSIA) BERHAD. 2. [ ] ENACTED by the Parliament of Malaysia as follows: PART I. Interpretation 5. THE COMPANIES ACT 2016 _____ PUBLIC COMPANY LIMITED BY SHARES _____ CONSTITUTION OF SUNWAY BERHAD 1. Name 2. If the company is a company limited by guarantee, a statement that its members are liable to contribute up to a certain specified amount if the company is being wound up; 4. Companies Act 2016 INTERPRETATION 7. The CA 2016 reformed almost all aspects of company law in Malaysia. Hong Kong . The name of the Company is J.P. MORGAN CHASE BANK BERHAD. The company’s name; (Name Clause) 2. Companies Act 2016. 3. Section 21 of the Companies Act 2016 (“Act”) shall apply to the Company and the This Order may be cited as the Companies … The new Act aims to reduce the cost of doing business in Malaysia while increasing protection for stakeholders of a company. A director has onerous duties under the Companies Act 2016 as in common law. 4 0 obj 1 0 obj THE COMPANIES ACT 2016 COMPANY LIMITED BY SHARES THE CONSTITUTION OF TENAGA NASIONAL BERHAD 1. 3. The concept of a constitution that governs a company will be introduced with the new Act. THE COMPANY ACT, 2016 COMPANY LIMITED BY SHARES CONSTITUTION OF J.P. MORGAN CHASE BANK BERHAD 1. Usually the Companies Act 2016 will set out some rules governing the relationship between the company, its shareholders and directors. ACT 777 . Course. Unformatted text preview: The Company’s Constitution Companies Act 2016 The Company’s Constitution In the Companies Act 2016 (“the CA 2016”), the term “constitution” is used to replace “memorandum of association” and “articles of association” collectively.Unless the company is a company limited by guarantee, it is no longer mandatory for the company to have a constitution. <> The name of the Company is SUNWAY ... Constitution, be carried out by or under the management of the Directors and according to such regulations as the Directors may from time to time prescribe. SHARES Without prejudice to any special rights previously conferred on the holders of any existing shares or class of shares, and subject to the Act, the Companies incorporated post 31 January 2017, being the effective date of the New Act, have the option of whether to have a Constitution. The company may decide whether to revoke entirely the Constitution or amend certain clauses. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S>> (c) ‘Constitution’ this Constitution as originally framed or from time to time altered or COMPANIES ACT 2016. powers and privileges of a body corporateas provided by Section 21 of the Companies Act 2016. Name 2. In this Constitution, unless the subject or context requires otherwise, the following words shall bear the meanings below – Execution of Documents 10. THE COMPANIES ACT, 2016 MALAYSIA PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION OF IOI CORPORATION BERHAD (Co. Reg. %���� ONE STOP PROFESSIONAL CENTRE. Liability of Members 4. THE COMPANIES ACT 2016 PUBLIC COMPANY LIMITED BY SHARES THE CONSTITUTION OF OSK HOLDINGS BERHAD (207075-U) INTRODUCTION 1. The company may decide whether to revoke entirely the Constitution or amend certain clauses. 7#ëK¼fcšÚ$/ÑöŸ}K.)jššd>ÃY6 «ÆÑmþ¶ºãðš¦2™†a¿vãÖæ¢JZ‰Vúœ&dsX]‘C!sžh'™³ÅDø‹÷>¯í_ûéëÅã•WŸÅ/öˆ  THE COMPANIES ACT, 2016 MALAYSIA PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION OF IOI CORPORATION BERHAD (Co. Reg. Reading Time: 5 minutes The Companies Act 2016 and Companies Regulations 2017 (“new Act”) have mostly come into force as of 31 January 2017. 1. The application for the order from the court may be made by a director or any member of the company. Similarly, a company must also pass a resolution to amend any part of its constitution should the company wish to harmonise its constitution with the provisions of the Companies Act 2016. GOVERNMENTNOTICENO. The provisions set out in the Companies Act 2016 which may be modified or substituted by the provisions of this Constitution shall not apply to the Company except in so far as the same are repeated or contained in this Constitution. Law of Association I (LAW604) Academic year. The name of the Company is SUNWAY ... Constitution, be carried out by or under the management of the Directors and according to such regulations as the Directors may from time to time prescribe. Section 21 of the Companies Act, 2016. When dividends are declared and paid out, the directors … For example, a private company may want to amend provisions relating to minimum directorships from current 2 to 1. These amendments are aimed at clarifying a few provisions of the Act and enhance … If the company is an unlimited company, a statement that … �9��:=�Ef� Һ��b�u#�.�{����d�o�0!��VZq powers and privileges of a body corporateas provided by Section 21 of the Companies Act 2016. The name of the company is OSK HOLDINGS BERHAD (“the Company”). The registered office of the Company will be situated in Malaysia. Constitution of Company - Companies Act 2016 - Objects of Company - Doctrine of Ultra Vires - Constitution of Company - Choice to adopt... View more. 370398-X Incorporated on the 12th day of December 1995 This Constitution has been approved by way of a Special Resolution passed at the 22nd Annual General Meeting held on 30 May 2018. PRELIMINARY. Companies incorporated post 31 January 2017, being the effective date of the New Act, have the option of whether to have a Constitution. �ӵs�`�܀H��j*�‚F�zn���v�ޑX\1��v�@�I5���%�l֔K� Name of the Company 2. Interpretation 5. LATEST AMENDMENTS TO THE COMPANIES ACT 2016 On 31st July 2019, the Senate of Malaysian Parliament passed the Companies (Amendment) Bill 2019 ("the Bill") being the first set of amendments to the current Companies Act 2016 ("the Act") which was brought into effect on 31st January 2017. THE COMPANIES ACT 2016 PUBLIC COMPANY LIMITED BY SHARES CONSTITUTION OF SELANGOR DREDGING BERHAD 1. Subject to the provisions of the Act and any other written laws and the Constitution, the Company has: Company The Companies Act 2016 (CA 2016) repealed the Companies Act 1965 (CA 1965) and changed the landscape of company law in Malaysia. 635998-W) and its successors-in-title. 3. M&A vs. Constitution. The name of the Company is SELANGOR DREDGING BERHAD. The name of the Company is AXIATA GROUP BERHAD. Reading Time: 5 minutes The Companies Act 2016 and Companies Regulations 2017 (“new Act”) have mostly come into force as of 31 January 2017. Company Incorporation and The registered office of the Company will be situated in Malaysia. If the existing company decides to revoke the existing M&A and NOT to have a specific constitution, the company must pass a resolution to that effect. (1) This Act may be cited as the Companies Act 2016. Company with unlimited capacity INTERPRETATION 4. Constitution of Company 6. An Act to provide for the registration, administration and dissolution of companies and corporations and to provide for related matters. If the Companies Act 2016 is silent on method to for decision making, the company constitution can be used to fill in the gap. University. The new Act was gazetted on 15 September 2016 and is expected to be implemented in stages starting in 2017. 2. The name of the Company is J.P. MORGAN CHASE BANK BERHAD. 2. The liability of the Members is limited. Under the Companies Act 1965, every company is required to have a Memorandum and Articles of Association (M&A). The name of the Company is S P SETIA BERHAD. 3 0 obj The registered office of the Company will be situated in Malaysia. Company constitution may be adopted to exchange the provisions of the Companies Act 2016 that is applicable. The objects for which the Company is established are all or any of the following; it being In this Constitution, unless the subject or context requires otherwise, the following words shall bear the meanings below – One such change is the replacement of the current Companies Act 1965 with the new Companies Act 2016 (“new Act”). The Company shall be capable of exercising all the functions of a The registered office of the Company will be situated in Malaysia. In this Constitution unless the subject matter or context dictates otherwise, the following words and phrases shall have the meaning assigned to them herein - “Act” means the Companies Act, 2016 and any statutory modification, amendment or re-enactment thereof and any and The liability of the Members is limited. The provisions set out in the Third Schedule to the Companies Act, 2016 shall not apply to the Company except in so far as the same are repeated or contained in this Constitution. NAME 3. Companies Act 2016. or in the constitution itself (s 37). 2. HIGHER PENALTY COMPANIES ACT 2016 6. The Company shall have full capacity to carry on or undertake any business or The provisions set out in the Companies Act 2016 which may be modified or substituted by the provisions of this Constitution shall not apply to the Company except in so far as the same are repeated or contained in this Constitution. 2018/2019 A7 CORPORATE CAPACITY AND THE OBJECTS CLAUSE . x��YMo�@�G�أ��a�?$@r[75Ii��pB�H��/1�mT{{����u�ٙ�yo'wՌ��{'g&P�y- H��G5����f�}5{{!�0,�V3z�3�� Ϝ1 =��s��c����0�Ѣ�����cg�\՛�U3wu�nT����-k��f.���$=�i(�d�o��T�:��s5�{��Zp�������,9�4�cN�r��j/��vpD�Z� < The Act INTERPRETATION 4. The company may decide whether to revoke entirely the Constitution or amend certain clauses. 27 COMPANIES ACT (ACTNO15 OF2013) COMPANIES (SHAREHOLDER’S CODE OF CONDUCT) ORDER, 2016 INEXERCISEof the powers conferred by section 73 and 74 of the Companies Act, 2013, I, JOSEPHMWANAMVEKHA, Minister of Industry, Trade and Tourism, make the following Order— 1. (b) ‘Bursa Malaysia’ Bursa Malaysia Securities Berhad (Company No. 635998-W) and its successors-in-title. Law of Association I (LAW604) Academic year. Conversion of Company Status 7.

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