JUDGMENT

RULING

In this Winding-Up Petition, brought by the Suruhanjaya Syarikat Malaysia, under Section 218(1) (m) and (n) of the Companies Act , the Respondent is a "foreign company" as defined under the Act. The Respondent has been issued a "Certificate of Registration of a Foreign Company" in Form 83 under Section 332(1 A) of the Act , with Company No. 994097-M. There is therefore no dispute that it is properly registered under Malaysia law, and the Certificate of Registration recognises that the Respondent is incorporated in Dublin, Republic of Ireland.

For completeness of analysis, Section 332(1A) specifies:

"The Registrar shall issue a certificate in the prescribed form of every registration of a foreign company and the certificate shall be conclusive evidence that the requirements as to registration have been complied with."

This provision, it its to be noted, appears in Division 2 PART XI of the Act headed "Various Types of Companies." Division 2 is headed "Foreign Companies" and applies to a foreign company only where it "has a place of business" or "is carrying on business" within Malaysia. There are penal provisions imposed under Section 349 of Division 2 upon the foreign