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Changes to Beneficial Ownership 2023

Changes to Beneficial Ownership 2023
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{Sec Update} Changes to Beneficial Ownership in the Companies (Amendment) Bill 2023

According to Section 2 of the Companies Act 2016, “Beneficial Owner” means the ultimate owner of the shares and does not include a nominee of any description. To strengthen the corporate rehabilitation framework and enhance corporate transparency on the reporting of beneficial ownership of companies, there are some amendments in 8 key areas related to beneficial ownership, in the Companies Amendment Bill 2023. 

1. Definition of Beneficial Owner of a Company?

It is defined as the ultimate owner of the shares and does not include a nominee of any description and a relation to a company, a person is as provided in Section 60A(1).

Section 60A (1) states that a person is a beneficial owner of a company if he/she is a natural person who ultimately owns or controls over a company, which includes a person who exercises ultimate effective control over a company.

2. Guidelines to Identify a Beneficial Owner of a Company

The Registrar of Companies has issued the guidelines for the purpose of identifying beneficial ownership of a company according to Section 60A (2).  

3. Companies are required to record and lodge beneficial owner information with the
    Companies Commission of Malaysia (CCM)

The companies are required to record the beneficial ownership information (name, nationality, place of residence, date of becoming a beneficial owner etc.) in the Company’s register of beneficial owners upon receipt of the reply slip.

This register of beneficial owners must be kept at the registered office or any other place in Malaysia as notified to the Companies Commission of Malaysia (CCM), as stated in Section 60B (2).

In the event of any changes to the particulars in the register of beneficial owners, the company shall lodge the updated information with the CCM.

4. Access to the Beneficial Owner Information 

The Minister has prescribed any person or class of persons who may access the register of beneficial owners or the information, along with the terms and conditions for accessing the register as stated in Section 60B 9(a & b). 

5. Duty of Company to Issue Notices to Obtain Beneficial Owner Information

A company shall send a written notice requiring any member of the company to inform whether the member is a beneficial owner of the company. If the member is not the beneficial owner of the company, the member needs to indicate the person’s particulars who is the beneficial owner of the company, as stated in Section 60C(1)(a).

6. Duty as a beneficial owner of the company to provide information

A person who is a beneficial owner shall notify the company that he/she is a beneficial owner of the company and provide the details according to Section 60D. 

7. Exempted Companies

The Minister may publish in the Gazette an exemption for any class of companies from beneficial ownership reporting, either unconditionally or subject to the terms and conditions as imposed by the Minister. 

8. Penalties

The Company and every officer who contravenes this section may be liable to a fine not exceeding RM20,000.00 and a further fine of RM500 per day during which the offence continues, as stated in Section 60b(6). 

In Summary

The new BO Guidelines under the Companies Amendment Bill 2023 are wider and enforce a reporting on the beneficial ownership of companies. It was tabled for 1st reading in Parliament on 10 October 2023, and was tabled and passed at the 2nd and 3rd reading in Parliament on 28 November 2023. The Bill is tentatively scheduled to be tabled at Dewan Negara in December 2023.

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Federal Court's Ruling on Unlicensed Moneylending

Federal Court's Ruling on Unlicensed Moneylending
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{Sec Update} Lessons from the Federal Court's Ruling on Unlicensed Moneylending

Triple Zest Trading & Suppliers Vs Applied Business Technologies Sdn Bhd [2023]

The Federal Court in Malaysia overturned a Court of Appeal decision, ruling that an ''unlicensed moneylender'' cannot recover either interest or the principal loan amount.

Key Facts

  • Parties Involved: Triple Zest Trading & Suppliers (TZT) and Applied Business Technologies Sdn Bhd (ABT).

  • Loan Amount: RM800,000 with an additional RM800,000 as ''agreed profit''.

  • Collateral: Two parcels of land and four undated cheques valued at RM1.6 million.

  • Issue: TZT defaulted on the repayment of RM800,000 principal.

Court Decisions

  • High Court: Favored ABT, ordering TZT to pay RM1.6 million.

  • Court of Appeal: Limited TZT's liability to only the principal loan sum of RM800,000.

  • Federal Court: Overturned previous decisions, stating that unlicensed moneylenders like ABT cannot recover either the principal or interest, especially when interest rates are exorbitant (100% in this case).

Legal Reasoning

  • The Federal Court deemed the ''agreed profit'' as interest, thus violating the Moneylenders Act 1951.

  • It emphasized that the courts should not assist those who engage in illegal moneylending practices.

  • The agreement was considered void under the Contracts Act 1950.

Implications for Clients

  • Compliance with legal standards: The decision highlights the necessity for all financial transactions, including loans, to be in strict compliance with the Moneylenders Act 1951. Companies and individuals must ensure their lending practices adhere to legal requirements.

  • Risks of unlicensed lending: Engaging in unlicensed lending, particularly with exorbitant interest rates, can result in the inability to recover both the loan principal and interest. This case demonstrates the risks associated with such practices.

  • Legitimacy of ''friendly loans'': The ruling clarifies that companies and individuals can still offer ''friendly loans.'' However, these loans must not include any interest or additional sums exceeding the principal amount. Loans structured in this manner are legally permissible.

  • Prohibition of interest on ''friendly loans'': Any ''friendly loans'' that impose interest or extra charges beyond the principal amount are illegal. The courts will not assist in recovering either the interest or the principal amount in such cases, emphasizing the need for caution and legal adherence in private lending.

  • Importance of legitimate agreements: The decision stresses the importance of having legitimate and legally compliant agreements for any financial transaction.

  • Seeking legal counsel: Given the complexities and legal implications of loan agreements, it is advisable for clients to seek legal advice before entering into any financial agreements.

Conclusion

This landmark ruling serves as a critical reminder of the importance of complying with financial and legal regulations. It discourages illegal lending practices and promotes the legitimacy and enforceability of loan agreements that adhere to the law. Clients are advised to be vigilant and consult legal experts to ensure their financial dealings are within legal boundaries.

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{Sec Update} Essential Documents after Shareholder's Death

{Sec Update} Essential Documents after Shareholder's Death
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{Sec Update} Essential Documents after Shareholder's Death : Key Steps & Requirements

Introduction of Shares Transmission

In the corporate realm, the passing of a shareholder introduces a complex and often overlooked challenge—effectively managing their shares posthumously. This article explores the legal process, and emotional considerations involved in this delicate process of handling shares after a shareholder's demise.

This exploration serves not only as a practical guide for those involved but also as a reminder of the importance of proactive succession planning in preserving corporate legacies.

What is the first step a director should take upon the death of a shareholder?

1. Legal representative

• The director should find and establish contact with the legal representative of the deceased shareholder. This individual plays a crucial role in facilitating the proper handling and transmission of shares.

2. Supporting Document

• Ensuring the availability of crucial supporting documents, such as the grant of probate, letter of administration, or Faraid Certificate, is imperative for a seamless share transmission process. These documents are essential for initiating and completing the necessary legal procedures.

The Legal Title of Deceased Shareholders

When a shareholder passes away, who is recognized by the company as having title to their shares, and how can the transmission process carry out?

  • The legal representative becomes the sole individual acknowledged by the company as having title to the deceased shareholder's shares.

  • The shares can be transmitted to the legal representative upon their request, along with the submission of the grant of probate or letter of administration to the company.

  • The legal representative holds the authority to transfer the shares to the designated beneficiary or another appointed individual.

What are the Crucial Supporting Documents for Smooth Share Transmission?

1. Non-Muslim with a Will:

• Requirement: Grant of Probate issued by the High Court.

• Process: Handled by the executor empowered to administer the estate.

2. Non-Muslim without a Will:

• Requirement: Letter of Administration issued by the High Court or Land Administrator.

• Process: Administered by an appointed administrator empowered to handle the estate.

3. Muslim:

• Requirement: Faraid Certificate issued by the Syariah Court.

• Process: Administered by Amanah Raya, empowered to handle the estate.

In conclusion, this article underscores the complexity of managing a deceased shareholder's shares in the corporate realm. Emphasizing the necessity of proactive succession planning, it highlights the crucial supporting documents required for smooth share transmission.

The conclusion emphasizes the director's pivotal role in promptly engaging with the legal representative and ensuring the availability of essential paperwork. This proactive involvement is key to achieving a seamless share transmission process, ultimately safeguarding the company's interests following a shareholder's passing.

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Personal Tax Relief 2023 Malaysia

Personal Tax Relief 2023 Malaysia
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{Tax Update} Personal Tax Relief 2023 Malaysia

Personal Relief Year Assessment 2023

Welcome to the latest insights on Personal Tax Relief for the year 2023, brought to you by KTP , Malaysia's trusted authority in auditing and tax services.

As we navigate the complexities of the new tax year, understanding the updated tax reliefs can significantly impact your financial planning. From 'Family and Dependent Care' to 'Lifestyle and Technology' benefits, our comprehensive guide dives deep into the six (6) essential categories of tax deductions available for Malaysian taxpayers.

Whether you're a working professional, a parent, or planning for your future, stay informed with KTP's expert analysis and strategies to maximize your tax savings this year.

royalty withholding tax malaysia

royalty withholding tax malaysia
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{Tax Update} Withholding Tax on Royalties

Latest Development on Royalties

In a significant development impacting cross-border software and intellectual property transactions, the Inland Revenue Board (IRB) has recently issued Practice Note No. 3/2023 dated 5th December 2023.

This document provides essential clarifications on the tax treatment of copyright and software payments made by distributors and resellers to non-residents.

This update highlights the categorization of such payments as royalties, bringing them under the purview of withholding tax as per Section 109 of the ITA, thereby affecting numerous businesses engaged in digital transactions and software distribution.

Key Takeaway of PN 3/2023 Tax Treatment on Copyright and Software Payments by Distributor & Reseller to Non-Resident

  • The payments for the use or right to use copyright and software, even when modified, exploited, or distributed, are considered royalties.

  • These royalties are subject to withholding tax under section 109 of the Income Tax Act 1967, especially when paid to non-residents who do not have a permanent establishment in Malaysia.

  • This applies regardless of the rights granted to the distributor or reseller.

  • Reference should be made to Double Taxation Avoidance Agreements for specific cases.

     

Drafted PR on Tax Treatment Regarding Royalties for Payment of Software to a Non-Resident on October 2023

Key points include:

Definition of royalties and service fees:

Royalties are defined as payments for the purchase or use of, or the right to use, an application, including purchases where the intellectual property belongs to the original owner.

Service fees, on the other hand, refer to payments for services provided by the non-resident, such as developing relevant functions for the payer's use.

Withholding tax implications:

Royalty payments to non-residents are subject to withholding tax under section 109 of the Income Tax Act 1967. This is a critical point as failure to comply with withholding tax requirements can result in significant penalties.

Payments considered service fees fall under a different category and are subject to withholding tax under section 109B of the ITA.

Consequences for non-compliance:

If a payer fails to deduct and remit the required withholding tax, the unpaid amount will increase by 10%, becoming a government debt.

Additionally, payments that are not compliant with withholding tax requirements may be disallowed as expenses in the taxpayer's tax computation.

Relief and appeal processes

The ruling also discusses relief and appeal processes in cases where taxpayers believe their software royalties' tax treatment is incorrect. This could involve Double Taxation Avoidance Agreements (DTA) and domestic tax laws.

Consult a tax professional opinion to examine the transaction and understand the potential implications.

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Transfer Pricing 2023

Transfer Pricing 2023
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{Tax Update} Malaysia's 2023 Transfer Pricing Rules Update: Navigating New Challenges

Latest Development on Trans Pricing (TP) Rules 2023

The technical update on the changes in Transfer Pricing (TP) ruling in Malaysia from the TP Rules 2012 to TP Rules 2023 highlights several key areas where modifications have been made.

Here's a refined comparison and outline of the changes:

Definition of CTPD (Controlled Transaction Pricing Documentation)

TP Rules 2012: Defined as documentation created during the development or implementation of a controlled transaction and updated for material changes.

TP Rules 2023: Redefined to emphasize documentation prepared before the due date of a tax return in the year a controlled transaction is entered.

Timeline to Furnish the CTPD

TP Rules 2012: No specific timeline for furnishing CTPD upon request.

TP Rules 2023: CTPD must be available within 14 days upon request by the Malaysia Inland Revenue Board (MIRB).

Content of CTPD

TP Rules 2012: Lacked requirements for including MNE Group information, detailed business information, completion date, and applicability indication.

TP Rules 2023: Mandates inclusion of extensive MNE Group information, detailed business information guidance, completion date, and indications of inapplicable information.

Definition of Arm’s Length Range

TP Rules 2012: No definition, but practice often used the 25th to 75th percentile range.

TP Rules 2023: Defined as a range or a single figure between the 37.5th to 62.5th percentiles of the benchmarking data set.

TP Adjustment

TP Rules 2012: Silent on adjustment specifics within or outside the arm’s length range.

TP Rules 2023: Allows MIRB to adjust to the median if outside the range, and to the median or above if within the range under certain conditions.

Selection of the Most Appropriate TP Method

TP Rules 2012: A hierarchy-based selection of TP methods with no power for the Director General to revise the taxpayer's selected method.

TP Rules 2023: Removes the hierarchy of methods and gives the MIRB authority to replace the taxpayer's chosen method if deemed inappropriate.

Key Points to Note for Taxpayers on TP Rules 2023:

Documentation Timeliness:

The new rules emphasize the need for timely preparation and submission of CTPD, which must now be done before the tax return due date and made available within 14 days upon request.

Detailed and Comprehensive Reporting:

There is a heightened requirement for comprehensive and detailed information in the CTPD, including specific business and group information.

Arm's Length Range Precision

The definition of the arm's length range is more precise, potentially affecting the analysis of transfer pricing and the range within which transactions should fall.

TP Adjustment Clarity

The 2023 rules clarify how adjustments should be made, giving the MIRB more authority in adjusting to the median, thereby reducing ambiguity and discretion.

Flexibility in Method Selection

The removal of the method hierarchy suggests a more flexible approach to selecting the most appropriate TP method, while also granting the MIRB the power to intervene if necessary.

These changes indicate a move towards more stringent, precise, and potentially more administratively burdensome TP requirements. Companies dealing with controlled transactions in Malaysia must adapt to these changes to ensure compliance and effective management of transfer pricing risks.

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Malaysia's Budget 2024: Watch The Summary on YouTube

Malaysia's Budget 2024: Watch The Summary on YouTube
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Malaysia's Budget 2024: Watch The Summary on YouTube

In line with the Budget for 2024, Malaysia is poised for significant changes in its taxation landscape, particularly in the realm of Capital Gains Tax (CGT). The proposed amendments are expected to impact various sectors and types of taxpayers.

Budget 2024 Highlight - YouTube Video

Stay updated with the latest tax developments by watching our key summary of the 2024 Budget on our YouTube channel https://youtu.be/BrYNZNfJ1iE

Here's a summary of the key takeaways:

Budget 2024 Highlights - Past Updates

Individual : https://www.ktp.com.my/.../malaysias-budget-2024.../17oct23

Companies : https://www.ktp.com.my/.../malaysias-budget-2024.../18oct23

Tax Exemptions : https://www.ktp.com.my/.../malaysias-budget-2024.../19oct23

Tax Incentives : https://www.ktp.com.my/.../malaysias-budget-2024.../20oct23

Stamp Duty & Indirect Tax https://www.ktp.com.my/.../malaysias-budget-2024.../23oct23

Payroll (EPF & SOCSO) https://www.ktp.com.my/blog/malaysias-budget-2024-a-glimpse-into-epf-socso-updates/24oct23

Others https://www.ktp.com.my/blog/malaysias-budget-2024-others-important-updates/26oct23

Capital Gain Tax https://www.ktp.com.my/blog/malaysias-budget-2024-capital-gain-tax-part1/23nov23

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Capital Gain Tax 2024

Capital Gain Tax 2024
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Malaysia's Budget 2024: A Glimpse into Capital Gain Tax Updates (Part I)

In line with the Budget for 2024, Malaysia is poised for significant changes in its taxation landscape, particularly in the realm of Capital Gains Tax (CGT). The proposed amendments are expected to impact various sectors and types of taxpayers.

Here's a summary of the key takeaways:

1. Types of Capital Asset

The new proposed CGT focuses on

1.1 Capital assets situated in Malaysia :

• Unlisted shares of companies Incorporated in Malaysia

• Shares in foreign incorporated companies deriving value from real property in Malaysia

1.2 All types of capital assets situated outside Malaysia

2. Eligible Taxpayers

There are 4 categories listed below:

  • Company

  • Limited Liability Partnership (LLP)

  • Cooperative

  • Trust Body (including unit trusts)

3. Effective date

1 January 2024

The Ministry of Finance (MOF) has clarified the effective date of capital gains tax (CGT) imposition:

  • CGT is to be imposed with effect from 1 January 2024 as indicated in the Finance Bill (No. 2) 2023.

  • Notwithstanding the above, the imposition of CGT on gains or profits from disposal of local companies’ unlisted shares will commence from 1 March 2024. This will be implemented through subsidiary legislation.

4. Tax Rate

4.1 Shares acquisition date :

• Before 1 March 2024 * :

The taxpayers may choose either

• 10% on the net gain of the disposal of shares; or

• 2% on the gross sales value.

• From 1 March 2024 *

10% on the net gain of the disposal of shares ;

4.2 All types of capital assets situated outside Malaysia are based on the prevailing income tax rate of the taxpayer.

• Companies, LLP’s and trust bodies: 24%

• Co-operative : 0% to 24%

*See clarification from MOF from Effective date under Point #3 as above

5. Exemptions

Transactions exempted from CGT

  • Initial Public Offering (IPO) approved by Bursa Malaysia; and

  • Restructuring of shares within the same group.

  • Venture capital companies

  • Gains from disposal of foreign capital assets from outside Malaysia which meet economic substance requirement (ESR)

  • Individual

6. Date of Disposal and Acquisition

There are 2 points in time to determine the date of disposal and acquisition

  • With a written agreement: Date of the agreement

  • Without a written agreement: Date of completion of the disposal

7. Basis period

Reporting must be done for each disposal transaction.

8. Allowable expenses

Expenses related to the acquisition or disposal of capital assets such as stamp duty, legal fees, broker fees and commission fees. It is important to keep track of these expenses related to the acquisition or disposal of capital assets.

9. Losses

Taxpayers are allowed deductions from the same sources. Any unabsorbed capital losses can be carried forward for a limited period of 10 years.

10. Tax reporting

Submission of the prescribed form through e-filing within 60 days from the date of disposal.

11. Tax payment

Any payment should be made within 60 days from the date of disposal, emphasizing the need for timely compliance.

12. Profits Derived from Foreign Sources

The following conditions apply:

  • Exemptions are given on remittances that meet the economic substance requirements;

  • Gains from the disposal of shares by a controlled company incorporated outside Malaysia.

13. Deemed to be acquired from Malaysia

Shares in a company will be considered acquired from Malaysia if it owns:

  • real estate located in Malaysia; or

  • shares in another controlled company; or

  • both

where the market value of the real estate or shares or both is more than 75% of the value of its tangible assets.

In conclusion, these proposed changes to Malaysia's Capital Gains Tax system are expected to have a far-reaching impact on businesses, investors, and various taxpayers. Staying informed, seeking professional advice, and ensuring compliance will be key to navigating this evolving tax landscape effectively.

Budget 2024 Highlights - Past Updates

Individual : https://www.ktp.com.my/.../malaysias-budget-2024.../17oct23

Companies : https://www.ktp.com.my/.../malaysias-budget-2024.../18oct23

Tax Exemptions : https://www.ktp.com.my/.../malaysias-budget-2024.../19oct23

Tax Incentives : https://www.ktp.com.my/.../malaysias-budget-2024.../20oct23

Stamp Duty & Indirect Tax https://www.ktp.com.my/.../malaysias-budget-2024.../23oct23

Payroll (EPF & SOCSO) https://www.ktp.com.my/blog/malaysias-budget-2024-a-glimpse-into-epf-socso-updates/24oct23

Others https://www.ktp.com.my/blog/malaysias-budget-2024-others-important-updates/26oct23

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Accounting for Stock In Trade

Accounting for Stock In Trade
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Accounting for Stock In Trade

''Stock in trade,'' often referred to as ''inventory'' in accounting and business terminology, encompasses movable and immovable property and materials used in day-to-day business operations.

Accurate identification and tracking of stock in trade are vital for precise financial reporting, particularly for the balance sheet, as it significantly affects a company's financial health and performance.

Valuation of Stock in Trade

There are two primary methods for valuing stock in trade:

(a) Acquisition Cost

This includes:

i. Direct expenses related to the purchase of goods intended for resale or materials and components used in the production of finished goods.

ii. Other direct expenses explicitly associated with acquiring stock or bringing it to its current condition and location (e.g., customs duties, direct labor, transport, and packaging).

iii. A portion of any overhead expenses properly attributable to manufacturing goods (e.g., office rent, utility charges, stationery, and maintenance services).

(b) Cost Methods

There are three primary cost methods:

i. First-In, First-Out (FIFO): Assumes the earliest items in inventory are the first to be sold or used, and their costs are allocated to the cost of goods sold.

ii. Last-In, First-Out (LIFO): Assumes the most recent items in inventory are the first to be sold or used, and their costs are allocated to the cost of goods sold. Note that LIFO is not allowed under International Financial Reporting Standards (IFRS) and is unacceptable for income tax purposes.

iii. Weighted Average Cost (WAC): Calculates an average cost for the entire inventory based on the total cost of all units in stock and the total number of units in stock.

Summary

In conclusion, properly valuing stock in trade is critical for financial reporting and business performance. Understanding the cost methods can help businesses make informed decisions about their inventory management, financial health, and compliance with accounting standards.

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Capital Expenditure vs Capital Revenue

Capital Expenditure vs Capital Revenue
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Capital Expenditure vs Capital Revenue

The Difference between Capital Expenditure and Capital Revenue

Capital expenditure refers to the funds invested in acquiring or enhancing long-term assets, while capital revenue represents income generated from the sale of capital assets or other sources contributing to the capital of a business.

1. Purpose of Funds

Expenditure – Funds invested in long-term assets or development in the business. These expenses are intended to provide long-term benefits to the company.

Revenue – Funds spent on day-to-day operations of the business, covering routine expenses necessary to keep the business running.

2. Nature of Expense

Expenditure – Typically non-recurring in nature.

Revenue – Generally recurring in nature.

3. Designation

Expenditure – Often referred to as Development Expenditure. These investments are aimed at improving the company's capacity or capabilities.

Revenue – Commonly known as Non-Development Expenditure because it does not involve the development or acquisition of new assets.

4. Accounting Treatment

Expenditure – Capitalized on the balance sheet and depreciated over time. The cost is spread out over its useful life through depreciation, which means the expense is recognized gradually over time to match the asset's value consumption.

Revenue – Recorded as income in the profit and loss statement. It contributes to the company's total income for the period in which it is earned.

5. Financial Statements

Expenditure – Affects the balance sheet by increasing assets and the income statement through depreciation.

Revenue – Impacts on the income statement as a source of income.

6. Examples

Expenditure – Plant & Machinery, Buildings

Revenue – Raw Materials

Conclusion

Understanding the distinction between capital expenditure and capital revenue is essential for effective financial management in any business. Capital expenditure involves investments in long-term assets, which impact the balance sheet and long-term strategic planning.

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What are The 2 Types of Shares?

What are The 2 Types of Shares?
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What are The 2 Types of Shares?

We delve into the world of shares, exploring their intricate definitions, classifications, and the impact they have on financial and accounting practices, with a special focus on International Accounting Standard (IAS) 32.

1. Shares Defined under Accounting Standards

Shares represent units of ownership in a company, but their classification under IAS 32 is vital. Shares are considered equity when there's no contractual obligation to transfer cash or other financial assets. Furthermore, when such shares are subsequently sold or disposed of, they can trigger income tax or real property gain tax (RPGT) implications.

2. Two Types of Shares

Our discussion uncovers two primary types of shares:

• Para 3(b) Shares under IFRS 2 - Shares Based Payment

• Real Property Company (RPC) shares

3. Definition of Para 3(b) shares under IFRS 2 - Shares Based Payment

Para 3(b) shares refer to the exchange of assets for shares in a controlled company.

4. Definition of RPC Shares

RPC shares, on the other hand, pertain to shares in a real property company. A company qualifies as an RPC if it meets two conditions: it's a controlled company and owns real property or RPC shares that collectively account for at least 75% of total tangible assets (TTA).

5. When Shares Qualify as Both Para 3(b) and RPC Shares

Intriguingly, there are instances where shares meet the criteria for both Para 3(b) and RPC shares. In such scenarios, the priority lies with Para 3(b). Consequently, these shares won't be categorized as RPC shares, even if the company transitions into an RPC or already is one during the circumstances described in Para 3(b).

Key Summary

In conclusion, shares are the embodiment of ownership in a company and hold significant importance in financial and accounting contexts. Whether they fall under the umbrella of equity or have tax implications can significantly influence financial reporting and strategic decisions for both investors and companies.

Furthermore, the distinction between Para 3(b) and RPC shares plays a pivotal role in understanding a company's standing concerning real property ownership and associated tax considerations.

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{Tax Update} IRBM e-Invoice Guideline 2.1

{Tax Update} IRBM e-Invoice Guideline 2.1
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{Tax Update} e-Invoice Guideline 2.1

Latest Development on e-Invoice

The Inland Revenue Board (IRB) has issued updated e-Invoice Guidelines, including:

  • e-Invoice Guideline (version 2.1)

  • e-Invoice Specific Guideline (version 1.1)

Key updates in the guidelines: e-Invoice Guideline (version 2.1):

  • Removed references to non-business transactions between individuals.

  • Revised implementation timeline:

    1. 1 August 2024 - Mandatory for taxpayers with an annual turnover/income exceeding RM100 million.

    2. 1 January 2025 - Mandatory for taxpayers with an annual turnover/income between RM25 million and RM100 million.

    3. 1 July 2025 - Mandatory for all other taxpayer categories.

Key updates e-Invoice Specific Guideline (version 1.1):

  • Requires service tax amount inclusion in self-billed e-Invoices for imported taxable services.

  • Extends the deadline for issuing e-Invoices for foreign income received in Malaysia from the same month to the end of the following month.

Reference to Past Blog on e-Invoice

Source

Guidelines are accessible on IRB's website: www.hasil.gov.my (Home > e-Invoice)

IRB e-Invoice version 2.0 https://www.hasil.gov.my/media/nofmzbk1/irbm-e-invoice-guideline-version-20.pdf

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Cost Classification

Cost Classification
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Cost Classification and its types

Cost classification is the process of categorizing various expenses incurred by a business or organization into specific groups or categories based on their nature, function, behavior, or other relevant criteria. This classification helps in analyzing and managing costs more effectively, making informed decisions, and preparing financial statements.

Cost classification according to behavior

Cost classification according to behavior refers to costs that are observed through their behavior on production of units produced. This type of cost can consist of various components, including:

a. Fixed Cost

b. Variable cost

c. Mixed Cost

Fixed Cost

Fixed cost is an expense that does not change when sales or production volumes increase or decrease. Examples include factory rental, depreciation expenses of factory building, transportation, and so on.

Characteristics of Fixed Costs:

a. Stability: Fixed costs remain the same regardless of whether a business produces one unit or a thousand units of a product. They provide a stable foundation for a company's cost structure.

b. Time-Based: Fixed costs are typically considered on a monthly or yearly basis. For example, if a business pays a monthly rent of $1,000 for its office space, that $1,000 remains constant each month as long as the lease terms do not change.

c. Non-Production Dependent: These costs are not tied to production or sales activities. Even if production comes to a halt or sales decrease, fixed costs persist. 

Variable Cost

Variable cost is an expense that changes in proportion to production units or activity units. Examples include direct raw materials, direct labor, sales commission and so on.

Characteristics of Variable Costs:

a. Direct Relationship: Variable costs have a direct and linear relationship with production or sales. If a business doubles its production, its variable costs will roughly double as well.

b. Per-Unit Basis: Variable costs are typically expressed on a per-unit basis. For instance, the cost of raw materials per unit or the direct labor cost per unit produced.

c. Production-Dependent: These costs are directly tied to production activities. As more units are produced, more resources (and costs) are required.

Mixed Cost

Mixed cost is a cost that contains both fixed costs and variable costs. Examples include utilities, rent, salaries, landline telephone bill and so on.

Characteristics of Mixed Costs:

a. Combination of Fixed and Variable Elements: Mixed costs have both a fixed portion and a variable portion. The fixed portion remains constant over a certain range, while the variable portion changes with production or activity levels.

b. Step-Like Behavior: Mixed costs often exhibit a step-like behavior, where they remain constant within a certain range and then abruptly increase when production or activity exceeds that range.

c. Non-Linear Relationship: The relationship between mixed costs and production or activity is not linear. This means that the variable portion of mixed costs does not change at a constant rate.

In conclusion, cost classification is a vital accounting process that involves categorizing expenses within a business or organization based on various criteria, including their behavior. The behavior-based cost classification, in particular, is crucial for understanding how costs relate to production or activity levels.

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Malaysia's Budget 2024: A Glimpse into Others’ Important Updates

Malaysia's Budget 2024: A Glimpse into Others’ Important Updates
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Malaysia's Budget 2024: A Glimpse into Others’ Important Updates

Budget 2024 introduces a wide range of financial reforms set to have a substantial impact on various sectors. These proposals are geared toward maintaining the fiscal responsibility of the nation while promoting economic growth.

In this last blog post, we will delve into the remaining key highlights of this budget to understand the changes and their implications

1. Capital Gains Tax (CGT)

As we approach 2024, a notable update is in the works concerning Capital Gains Tax (CGT) in Malaysia. This tax reform is set to affect the disposal of unlisted shares and aims to strike a balance between fiscal responsibility and economic growth.

Key Details:

• Disposal of unlisted shares

• Rate

• Except for

i. Initial Public Offering (IPO) approved by Bursa Malaysia; and

ii. Restructuring of shares within the same group.

• Effective from 1 March 2024

2. High-Value Goods Tax

Another significant development on the horizon is the introduction of the High-Value Goods Tax in Malaysia. This tax targets specific luxury items, such as jewellery and watches, and may influence your financial decisions.

Key Details:

• Specific high-value items (eg. jewellery and watches)

• Rates of 5% to 10%

• Based on the threshold value of good price

3. E-invoice

Embracing modern technology and digital solutions is a crucial step forward in the world of taxation. E-invoice, an electronic invoicing system, is set to bring substantial changes to how businesses manage their financial transactions. To accommodate this significant shift and ensure a smooth transition for taxpayers, the Government has introduced an extension to the enforcement timeline.

Key Details:

• Mandatory implementation for businesses with an annual income or sales exceeding RM100 million, beginning 1 August 2024.

• Second phased enforcement for other categories, with comprehensive implementation starting from 1 July 2025.

• Expanded usage of Tax Identification Number (TIN) to support e-invoice.

4. Conditions for Institutions/ Organisations/ Funds approved under Subsection 44(6) of Income Tax Act 1967 (ITA)

In the ever-evolving landscape of taxation, the Government has undertaken a review of the conditions governing institutions/ organisations/ funds approved under Subsection 44(6) of the ITA. These changes are designed to ensure compliance and promote transparency in the utilisation of accumulated funds for business activities.

Key Details:

• Reviewed the conditions:

i. Increase in the accumulated funds utilisation limit in business activities from 25% to 35%

ii. 2 options to continue with the benefits of the incentives:

iii. Consequences of breaching conditions and its impact on tax exemption

- DGIR will not withdraw the approval under subsection 44(6) for institutions/organisations/funds during the validity period.

- for any breach of conditions within the approval period, the institutions/organisations/funds will not be eligible for tax exemption

- DGIR will raise tax assessment on all income received by the institutions/organisations/funds in the YA the breach of conditions occurred.

• Effective Date From the year of assessment 2024.

5. Preferential tax rate

To boost the Malaysian film industry and attract foreign film production companies, actors, and crews, the government is introducing a preferential tax rate scheme

Key Details:

• For foreign film production companies, actors and crews filming in Malaysia

• Between 0% to 10%

In summary, as the nation looks forward, these changes are expected to contribute to a stronger and more secure future.

Budget 2024 Highlights - Past Updates

Individual : https://www.ktp.com.my/.../malaysias-budget-2024.../17oct23

Companies : https://www.ktp.com.my/.../malaysias-budget-2024.../18oct23

Tax Exemptions : https://www.ktp.com.my/.../malaysias-budget-2024.../19oct23

Tax Incentives : https://www.ktp.com.my/.../malaysias-budget-2024.../20oct23

Stamp Duty & Indirect Tax https://www.ktp.com.my/.../malaysias-budget-2024.../23oct23

Payroll (EPF & SOCSO) https://www.ktp.com.my/blog/malaysias-budget-2024-a-glimpse-into-epf-socso-updates/24oct23

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Malaysia's Budget 2024: Stamp Duty and Indirect Taxes Updates

Malaysia's Budget 2024: Stamp Duty and Indirect Taxes Updates
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Malaysia's Budget 2024: A Glimpse into Stamp Duty and Indirect Taxes Updates

The budget 2024 encompasses a range of proposals that touch upon stamp duty and indirect taxes, critical elements of the country's fiscal framework.

Let's dive into the key highlights of these proposals, exploring how they will impact property ownership, service tax, and more, while striving to strike a balance between economic growth and citizens’ welfare

Stamp Duty

1. Transfer of property ownership by renunciates of rights

The proposal involves a review of the stamp duty rate imposed when a beneficiary renounces their right to another eligible beneficiary in accordance with a will/ Faraid, or the Distribution Act 1958. This change aims to replace the current ad valorem duty rate under Item 66(c) of the First Schedule of the Stamp Act 1949.

Key Details:

• A fixed duty of RM10 will be imposed

• Effective from 1 January 2024 for instrument of property ownership transfer.

2. Property ownership by non-citizen

The Budget 2024 introduces a crucial review of the stamp duty legislation, specifically focusing on properties owned by foreign-owned companies and non-citizen individuals in Malaysia. The existing policy treats these property owners the same as Malaysian citizens when it comes to the ad valorem stamp duty rate imposed during the transfer of property ownership.

This review is integral to a more comprehensive strategy aimed at controlling property prices in the country. By reassessing the stamp duty structure for foreign-owned properties and non-citizen individuals, the government intends to create a fair and competitive property market.

Key Details:

• A flat rate stamp duty of 4% be imposed on the instrument of transfer executed by foreign-owned companies and non-citizen individuals (except Malaysian permanent residents)

• Effective from 1 January 2024 for instrument of property ownership transfer.

Indirect Taxes

1. Service Tax

The government acknowledges the importance of increasing revenue while gradually reducing subsidies. To achieve this goal, it has proposed measures to broaden the country's revenue sources without overburdening the citizens. Although these measures are challenging, the government is considering an increase in the service tax rate and an expansion of its scope to encompass various industries.

Key Details:

• Increased from 6% to 8% except for telecommunication and food & beverage

• Expanded the scope to include logistics, brokerage, underwriting and karaoke services

2. Import Duty and Sales Tax Exemption on Manufacturing Aids

This proposal is poised to bring about a notable transformation in our industries, significantly boosting the competitiveness of Malaysian-manufactured products. It signifies a shift from the existing policy where manufacturers are not entitled import duty and sales tax exemptions on the importation and locally purchased of manufacturing aids under the Customs Act 1967 and the Sales Tax Act 2018.

Key Details:

• eligible to manufacturers on the importation and locally purchased of manufacturing aids

• subject to types of industry and category of goods determined

• Effective from 1 January 2024

3. Entertainments Duty Exemption

To support the development of the national creative industry, strengthen cultural unity, and foster family bonding, the Minister of Finance is proposing a series of exemption rates under the Entertainment Duty Act of 1953.

Key Details:

• Entertainment held in the Federal Territories

• Propose types and rate

i. Full exemption for stage performances by local artists

ii. Reduction from 25% to 10% for

 stage performance by international artist/ light show/ Circus

 film screening (Cinema) / theatre

 exhibition/ Zoo/ Aquarium

 sport event/ e-sports/ bowling/ snooker/ pool/ billiard/ karaoke

iii. Reduction from 25% to 5 % for theme parks, family recreation centre, indoor gaming centre, and simulators

• Applications received by the Ministry of Finance from 1 January 2024 to 31 December 2028

4. Excise Duty

In the interest of public health and the well-being of our citizens, particularly with a focus on preventing diseases such as diabetes and obesity, there are 2 proposals to raise the excise duty rate:

i. Sugar sweetened beverages

• Increased to RM0.50 per litre

• Effective From 1 January 2024

ii. Chewing tobacco

• Imposed a rate of 5% + RM27/kg under the tariff code 2403.99.5000.

• From 1 January 2024

In summary, the proposed changes in stamp duty and indirect taxes are part of a broader strategy to steer the nation towards greater economic prosperity while ensuring fairness and inclusivity in various sectors. As these policies take effect, it will be fascinating to see how they shape the future of Malaysia's economy and the lives of its people.

Budget 2024 Highlights - Past Updates

Individual : https://www.ktp.com.my/.../malaysias-budget-2024.../17oct23

Companies : https://www.ktp.com.my/blog/malaysias-budget-2024-a-glimpse-into-companies-updates-/18oct23

Tax Exemption https://www.ktp.com.my/blog/malaysias-budget-2024-a-glimpse-into-tax-exemption-updates/19oct23

Tax Incentive : https://www.ktp.com.my/blog/malaysias-budget-2024-a-glimpse-into-tax-incentives-updates/20oct23

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Malaysia's Budget 2024: A Glimpse into Companies Updates

Malaysia's Budget 2024: A Glimpse into Companies Updates
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Malaysia's Budget 2024: A Glimpse into Companies Updates

The budget for the year 2024 was presented by Prime Minister and Finance Minister YAB Dato’ Seri Anwar Bin Ibrahim on 13th October 2023 and it includes proposals related to the Companies

Key summary on Budget 2024 for Companies under Deductions and Capital Allowance:

A) Tax Deduction

1. Environmental, Social and Governance (ESG) related expenditures

• Up to RM50,000 per YA

• Introduces related expenditures incurred to comply with ESG standards

• Applicable from YA 2024 to YA 2027

2. Cost of Sustainable and Responsible Investments (SRI) sukuk approved by the Securities Commission (SC)

• Extended from YA 2024 until YA 2027 (4 years)

3. Rental of non-commercial EV

• Up to RM300,000

• Extended from YA 2025 until the YA 2027 (2 years)

4. Contributions for Environmental Preservation and Conservation projects

• Involves contributing to or sponsoring activities related to tree planting projects or environmental preservation and conservation awareness projects verified by the Forest Research Institute Malaysia (FRIM)

• Applications received by the Ministry of Finance from 1 January 2024 to 31 December 2026

5. Voluntary Carbon Market

• Up to RM300,000

• Covers costs incurred on the Development and Measurement, Reporting and Verification (MRV) related to the development of carbon projects.

• Tax deduction against income from carbon credits traded on Bursa Carbon Exchange (BCX).

• Registered with an international standards body recognised by Bursa Malaysia and expenditure on development of carbon projects must be certified by the Malaysia Green Technology and Climate Change Corporation (MGTC)

• Applications received by the MGTC from 1 January 2024 until 31 December 2026

B) Capital Allowance

1. ICT equipment and computer software

• Revised to initial allowance (IA) at 40% and annual allowance (AA) at 20%

• Claiming period is shortened from 4 years to 3 years

• Effective from YA 2024

2. Industrial Building Allowance (IBA) – Private Nursing Home for Senior Citizens

• AA at 10% on the total cost of buildings purchased or built, including renovation costs.

• Approved by the Ministry of Health Malaysia (MOH)

• Expenditure incurred from 01 January 2024 to 31 December 2026

In summary, the Budget 2024 proposal for companies primarily focuses on environmental protection to encourage more private sector contributions through projects or community initiatives.

Budget 2024 Highlights - Others

Individual : https://www.ktp.com.my/.../malaysias-budget-2024.../17oct23

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Insolvency Act Amendments 2023

Insolvency Act Amendments 2023
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Insolvency Act Amendments 2023

Latest Development on Insolvency Malaysia

The Insolvency Act (Amended) 2023 will come into force on Friday (Oct 6), says Datuk Seri Azalina Othman Said.

The Minister in the Prime Minister's Department (Law and Institutional Reform) said the amendment resulted from discussions between the Attorney General's Department, Federal Court Chief Registrar, Finance Ministry, Bank Negara Malaysia, Inland Revenue Department, Employees Provident Fund, Credit Counselling and Management Agency and Associations of Bank Malaysia.

Key Summarise

Here's a summary of the key points from the Insolvency (Amendment) Act 2023

Discharge from Bankruptcy

The Insolvency (Amendment) Act 2023, effective from 06.10.2023, brings changes to bankruptcy regulations.

It expands the categories of bankrupt individuals who are protected from objections by creditors when a certificate of discharge from bankruptcy is issued by the Director General of Insolvency (DGI).

The existing Insolvency Act 1967 prohibits creditors from objecting to discharge for certain categories, including social guarantors, persons with disabilities, deceased individuals, and those with serious illnesses.

The Amending Act adds two new groups: bankrupts with mental disorders certified by a psychiatrist from a government hospital and bankrupts aged 70 or older, deemed incapable of contributing to estate administration by the DGI.

Automatic Discharge from Bankruptcy

The Amending Act revises Section 33C of the Act regarding a bankrupt's right to automatic discharge.

Previously, automatic discharge occurred after three years if the bankrupt met certain criteria.

Post-amendment, automatic discharge happens three years from the submission of the statement of affairs if the bankrupt pays a sum determined by the DGI for estate administration purposes.

This change is expected to benefit a significant number of bankrupt individuals in Malaysia, with an estimated 130,000 people being discharged from bankruptcy.

Suspension of Automatic Discharge from Bankruptcy

The Amending Act introduces the concept of suspending automatic discharge for up to two years if the bankrupt fails to comply with their obligations under the Act.

The suspension is effective upon notice from the DGI to creditors who filed a proof of debt within six months before the original three-year mark.

Remote Communication Technology and Electronic Communications:

Section 14 of the Amending Act allows the DGI to hold creditor meetings using remote communication technology, reflecting a transition to remote hearings due to the COVID-19 pandemic.

Previously, meetings were held at locations deemed convenient for the majority of creditors.

Section 13 of the Amending Act amends Section 130 of the Act to permit electronic means for serving notices when consent is obtained.

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e-Invoice Guideline 2.0

e-Invoice Guideline 2.0
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{Tax Update} e-Invoice Guideline 2.0

Latest Development on e-Invoice

The Inland Revenue Board of Malaysia (IRB) has updated its electronic invoice (e-Invoice) guidelines. Version 2.0 of the e-Invoice Guideline and a new Specific Guideline on e-Invoicing were released on September 29, 2023. A full 116-page document providing further guidance on specific areas of e-invoicing.

Key Changes to e-Invoice Guideline (Version 1.0 to Version 2.0):

Exempted Individuals/Entities

All individuals and legal entities must comply with e-invoice requirements, except for government, Rulers, local authorities, statutory authorities and statutory bodies, consular officers and diplomatic officers and facilities provided by the government, government bodies and government facilities such as clinics, multipurpose halls, etc.

These persons and authorities do not need to issue e-invoices, but their suppliers must issue e-invoices.

Companies listed on the stock exchange will be exempted from issuing e-invoices for dividend payments.

Consolidated E-Invoices

Businesses dealing with consumers need not issue an e-invoice on every sale. They can provide normal invoices to the customers. Such businesses can issue a consolidated invoice for the particular month, and this has to be done within seven days after the month’s end.

Consumers who require an e-invoice can request an e-invoice within the month of the purchase.

Suppliers can issue consolidated e-invoices monthly for specific B2C transactions exempt from e-invoicing for end consumers.

Certain activities, like motor vehicle sales, flight tickets, luxury goods, and construction contractors, require mandatory e-invoices.

E-Invoice Treatment

Invoices issued by the person registered under the e-invoicing system has to be validated or rejected by the purchaser within 72 hours. Otherwise, the invoice becomes final. In the event of a dispute, the only way to reverse the transaction is to issue a credit note and another invoice for the revised amount.

E-invoice treatment varies for disbursements or reimbursements.

Self-billed e-invoices apply to foreign suppliers, payments to agents, dealers & distributors, dividend distribution, e-commerce transactions, and acquisitions from individual taxpayers.

Exemptions for employment income, pension, alimony, certain dividends, zakat, and scholarships.

Transmission Mechanisms

Two e-invoice transmission mechanisms: MyInvois Portal hosted by IRBM and Application Programming Interface (API).

API configuration to be included in the Software Development Kit (SDK) expected in Q4 2023.

Foreign Income

E-invoices are required for all foreign income received in Malaysia from outside the country, serving as proof of income and expenses for tax purposes.

Data Fields

51 data fields, with some concessions for individual buyers, must be completed to issue an e-invoice.

Validated e-invoices include IRBM Unique Identifier Number, validation date, time, link, and QR code.

Previous Updates on E-Invoicing

  • E-Invoicing Malaysia - Transition Challenges and Strategies https://www.ktp.com.my/blog/e-invoicing-malaysia-transition-challenges-and-strategies/17aug23

  • Are you ready for e-Invoicing https://www.ktp.com.my/blog/e-invoicing-malaysia-are-you-ready/10aug23

  • The coverage of e-Invoicing https://www.ktp.com.my/blog/e-invoicing-malaysia-coverage/3aug23

  • The timeline of e-Invoicing https://www.ktp.com.my/blog/e-invoicing-malaysia-timeline/2aug23

  • The workflow of e-Invoicing https://www.ktp.com.my/blog/e-invoicing-malaysia-the-workflow/31jul23

Source

IRB e-Invoice version 2.0 https://www.hasil.gov.my/media/nofmzbk1/irbm-e-invoice-guideline-version-20.pdf

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KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

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OASB vs. Director General of Inland Revenue

OASB vs. Director General of Inland Revenue
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OASB vs. Director General of Inland Revenue

Overview compensation from the compulsory acquisition of land

Taxation can become a complex matter, especially when it involves components like compensation from the compulsory acquisition of land. In Malaysia, the tax treatment for compensation received from compulsory land acquisition can be scrutinized under various legal and regulatory frameworks. Below is a general outline of the tax treatment.

Tax Treatment of Compensation Received:

1. Determination of the Nature of Receipt:

Capital Receipt: Generally, if the land was used for investment purposes or was a capital asset, the compensation might be considered a capital receipt.

Revenue Receipt: If the land was utilized in a business, or the act of acquiring and selling lands was a business in itself, the compensation might be treated as revenue receipt.

2. Applicable Legislation:

Income Tax Act (ITA) 1967: Compensation is scrutinized under various sections of ITA to determine its taxability.

Section 4(a): Concerns the taxability of gains or profits from a business.

Section 4(f): Often pertains to other sources of income not categorized under sections 4(a) to 4(e).

3. Calculating Taxable Gain:

Real Property Gains Tax (RPGT) Act 1976: If compensation is considered a capital receipt, it may be subject to RPGT which is imposed on gains from the disposal of real property.

Compensation may need to be adjusted for enhancements and modifications made to the land to calculate the precise taxable amount.

Case Overview:

Join us in dissecting a compelling tax case involving OASB and the Director General of Inland Revenue (DGIR), revealing the trending tax, legal, and financial impact on compensation received from the compulsory acquisition of land.

Background

OASB, utilizing a rented shop lot for its audio-video business from 2004 to 2017, received RM2,341,817 as compensation due to government acquisition under Section 16 of the Land Acquisition Act 1960. However, the waters muddied when the DGIR issued a Notice of Additional Assessment along with a penalty, pursuant to Section 113(2) of the Income Tax Act (ITA) 1967.

Taxpayer's Argument

OASB fervently argued that the compensation should be categorized as a capital receipt, with a two-pronged rationale:

The compensation intended to restore the taxpayer’s position, based on the replacement cost at the time of compulsory acquisition.

The involuntary suspension of business activities during the acquisition resulted in a consequential loss of sales and profits.

DGIR’s Perspective

In opposition, the DGIR insisted it was a revenue receipt, taxable under Section 4(f) of ITA 1967, justifying that:

OASB lacked ownership rights over the land and building being compensated.

Section 4(f) of ITA 1967 broadly encompasses gains or profits outside the scope of Sections 4(a) to 4(e) for tax purposes.

Verdict from the Special Commissioners

Ultimately, the Special Commissioners of Income Tax sided with the DGIR, rejecting OASB's appeal and upholding the Notice of Additional Assessment along with its penalty.

Visit Us

  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancies in Johor Bahru for interns, graduates & experienced candidates.

#Thk

#KTP

 

Memorandum & Articles of Association vs Constitution

Memorandum & Articles of Association vs Constitution
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M&A vs Constitution

Under the Companies Act 1965, every company was required to have a Memorandum and Articles of Association (M&A). According to the Companies Act 2016, the Memorandum and Articles of Association (M&A) are now referred to as the Constitution. Companies incorporating under the Companies Act 2016 are not obligated to have a constitution immediately upon incorporation. However, they have the option to adopt a constitution after the company has been incorporated.

The Differences

You may notice the following differences between M&A and the Constitution.

1. Number of Directors

2. Annual General Meeting

3. Reduction of Share Capital

4. Share Certificate

Number of Directors

In the M&A under the Companies Act, 1965, a minimum of two directors is required for Sdn Bhd.

However, Constitution is under the Companies Act, 2016, therefore if not being fixed by the company itself, sole director is allowable.

Annual General Meeting

During M&A era, an AGM was a mandatory requirement for a company, therefore the compliance of the timeframe to call for an AGM needs to be complied.

Whereas, in the new act regime, a Sdn. Bhd is no longer required to call for an AGM if the constitution is silent, where to follow the Companies Act, 2016 requirement.

Reduction of Share Capital

Under the Constitution regime, the reduction of share capital is a more streamlined process that outlines the requirement for solvency statements and other procedures

Whereas if under M&A regime of the Companies Act, 1965, it must go through a court order.

Share Certificates

In M&A, issuing a share certificate is a mandatory requirement for all shareholders, whereas, if the Constitution is silent, the issuance of a share certificate is upon request.

Key Takeaways

The above outline highlighted key differences between M&A and the Constitution regime, there are some more variances in terms of requirements of directors, holding of meeting procedures, issuance of dividends, and other pertinent aspects. To provide a more in-depth and details examination of these distinctions, further exploration of specific areas or aspects is needed.

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  • Wisma KTP, 53 Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

  • Wisma THK, 41, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru

KTP (Audit, Tax, Advisory)

An approved audit firm and licensed tax firm operating under the KTP group based in Johor Bahru providing audit, tax planning, advisory and compliance services to clients

THK (Secretarial, Bookkeeping, Payroll, Advisory)

A licensed secretarial firm in Johor Bahru providing fast reliable incorporation, secretarial services, corporate compliance services, outsourcing bookkeeping, and payroll services to clients

KTP Lifestyle

An internal community for our colleagues on work and leisure.

KTP Career

An external job community on vacancies in Johor Bahru for interns, graduates & experienced candidates.

#Thk

#KTP

 

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THK Group of Companies THK Management Advisory Sdn Bhd 200401000220 (638723­X) THK Secretarial PLT 202304003367 (LLP0037327-LGN)

Wisma THK, No. 41, 41-01, 41-02, Jalan Molek 1/8, Taman Molek, 81100 Johor Bahru, Johor, Malaysia.
+6012-771 7903 (Secretary Department)
+6012-771 7803 (Account Department)
+607-361 3443

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