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Compliance

This division role is to raise the corporate compliance rate by encouraging good corporate governance values through a continuous education programme as well as via effective surveillance and enforcement efforts. The division is divided into the following three sections:

  • Surveillance Section
  • Corporate Account Monitoring Section
  • Intermediaries Supervision Section

Surveillance Section


Inspection Unit

  • Responsible for conducting inspections on businesses and companies to ensure that the Registration of Businesses Act 1956 and Companies Act 1965 as well as their accompanying Rules and Regulations are complied.
  • Conduct system monitoring on companies failing to lodge statutory documents under the Companies Act 1965.
  • Issue compound notices to business owners, companies and company officers for offences under the relevant Acts.
  • Recommend dormant companies to Insolvency Division for action under section 308 Companies Act 1965.
  • Refer cases to Investigation Division for investigation.
  • Refer cases to Prosecution Division for prosecution.

Compound Management  Unit

    • Responsible for managing an effective and controlled compound monitoring system: Monitor status of notices of compounds offered ;
    • Refer cases to Prosecution Division for prosecution.

Corporate Account Monitoring Section

 

Corporate Report Monitoring Unit

 

This unit is responsible for checking the Financial Statements that have been lodged to ensure that they comply with the provisions of the Companies Act 1965 and the approved accounting standards as well as for querying questionable or problematic Financial Statements.


Trust Company and Interest Scheme Monitoring Unit

 

This unit conducts inspection on golf clubs, recreation clubs and timesharing schemes that have been registered to ensure that the provisions of the Companies Act 1965 and guidelines are complied with.

Auditor Monitoring Unit

This unit monitors auditors that have been licensed by the Ministry of Finance Malaysia based on the probability of offence committed under the Companies Act 1965. In addition, this unit is also responsible for registering new audit firms and the subsequent monitoring of audit firms throughout Malaysia that are registered at the Companies Commission of Malaysia.

Corporate Intermediary Section

 

This section processes the application and renewal of secretary licences and carries out surveillance as well as the storage or enhancement of the database of company secretaries.

Secretary Licensing Unit

 

Performs the following responsibilities:

  • Interview new applicants
  • Issue company secretary licenses
  • Issue renewal of company secretary licenses

Secretary Surveillance Unit

  • Ensure compliance of company secretaries under provisions of the Companies Act.
  • Carry out enforcement under sections 139A, 139C(3) and 364(2) towards licensed secretaries and secretaries who are members of accredited professional bodies.
  • Carry out enforcement towards company directors, specifically under section 139C(3), who allow company secretaries to continue to practice despite an expired license.
  • Carry out enforcement under section 139(1B) on companies operating without a company secretary more than one month.
  • Monitoring regulatory requirements by nine (9) company secretary training provider approved by Registrar of Companies

Professional Bodies

 

Members of accredited professional bodies can act as company secretaries without having a license  under section 139A(b) Companies Act 1965. Till the year 2007 seven (7) professional bodies have been prescribed by the Honorable Minister for the purpose of section 139A Companies Act 1965.

 

List of Professional Bodies:-

  • Malaysian Institute of Accountants (MIA);
  • Malaysian Institute of Chartered Secretaries and Administrators (MAICSA);
  • Malaysian Institute of Certified Public Accountants (MICPA);
  • Malaysian Bar Council;
  • Persatuan Peguambela Sarawak;
  • Persatuan Undang-Undang Sabah; dan
  • Malaysian Association of Company Secretaries (MACS).

 
 
 
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