"appointed date"  has the same meaning assigned to that expression in the Companies Commission of Malaysia Act 2001 [Act 614];

[Ins. by Act A1119]

  "associate of a business"  includes -

(a) any person who is in law the owner or a joint owner or part owner of any business;

(b) every person who is a partner in any business which is the property of a partnership;

(c) when the business is the property of what in any system of law prevailing in India is known as a Joint Hindu Family, every member of such Joint Hindu Family having an interest in such property other than a mere right to maintenance; and

(d) when the business is legally vested in, or is under the control of any executor, administrator or

3 PART I PRELIMINARY-3. [Deleted].

(Deleted by Act A1476:s.3)

4 PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-4. Application.

This Act shall not apply to -

[Am. by Act A1119]

(a) any business which is exclusively owned and carried on by any company registered under the Companies Act 1965;

(b) any business owned or conducted by the Government or by any public body incorporated by or constituted by or under any written law;

(c) any society registered or exempted under any written law for the time being in force relating to the registration of societies or co-operative societies;

(d) any business consisting solely of the exercise of any profession which under the provisions of any written law can be exercised only by those who possess certain qualifications prescribed by such written law and whose names are registered or otherwise recorded in manner prescribed by any written law.

5 PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-5. Registration.

(1) The person responsible for a business shall, not later than thirty days from the date of the commencement of the business, apply to the Registrar for the registration of the business.

(2) An application under subsection (1) shall be made in the prescribed form and shall state-

(a) the name of the business;

(b) the nature of the business;

(c) the date of the commencement of the business;

(d) the address of the place of business, and in the case of a business having more than one place of business, the addresses of the branches;

(e) in the case of a partnership, the particulars of the partnership agreement, if any;

(f) in respect of the associates of the business, their full names, positions held, and dates of entry into the business; and

(g) such other information as the Registrar may require.

5A PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-5A. Renewal of registration.

(1) An application for the renewal of the registration of a business shall be made in the prescribed form and manner to the Registrar within thirty days before the date of expiry of the registration or the previous renewal.

(2) Subject to subsection (3), upon receipt of an application for the renewal of the registration of a business and upon payment of the prescribed fee, the Registrar shall renew the registration of the business for a period which shall not exceed five years at each renewal.

(3) For the purpose of renewing the registration of any business, the Registrar may require additional information or documents and the Registrar may refuse to renew the registration if the applicant does not furnish the information or documents required.

(4) If the Registrar refuses to renew any registration under subsection (3) the Registrar shall notify the applicant in writing of the decision.

(5) The new expiry date shall be s

5B PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-5B. Changes in registered particulars.

(1) Whenever a change is made or occurs in any of the particulars registered in respect of any associate of a business or of the business, that associate or, in the case of the particulars of the business, the person responsible for the business shall, within thirty days after the change is made or occurs, submit to the Registrar in the prescribed form the particulars of the change.

(2) Upon receipt of the particulars of the change and upon payment of the prescribed fee, the Registrar shall make the necessary amendments to the register.

(3) In the case of a change in-

(a) the general nature of a business; or

(b) the address of the principal place of the business or any other place where the business is carried on,

the Registrar shall issue a new certificate of registration in respect of such business, and cancel the existing certificate of registration.

[Ins. by Act A1119]

5D PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-5D. Termination of business.

(1) Where a business registered under this Act has been terminated, the person responsible for the business shall within thirty days of the termination notify the Registrar in the prescribed form of such termination.

(2) Where a business terminates upon the death of an associate of the business and there is no surviving associate of the business or person responsible for the business, the personal representative or the next-of-kin of the deceased associate shall within four months from the date of such death notify the Registrar in the prescribed form of such termination.

(3) Upon receipt of the notice under subsection (1) or (2), the Registrar shall revoke the registration and cancel the certificate of registration.

[Ins. by Act A1119]

5E PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-5E. Removal of registered business from register.

(1) Where the Registrar has reasonable cause to believe that any business registered under this Act is not being carried on, the Registrar may send to the person or persons registered as the associate or associates of the business a notice notifying the Registrar's intention to revoke the registration of the business and the Registrar shall give such person or persons an opportunity to make written representation on the intended revocation within thirty days from the date of service of the notice.

(2) After the expiry of the period of thirty days provided for in subsection (1), if the Registrar receives a reply from such person or persons to the effect that such person or persons are not carrying on such business, or the Registrar does not receive any reply to the notice, the Registrar shall revoke the registration of the business and cancel the certificate of registration.

(3) The Registrar shall publish in the Gazette such pa

5F PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-5F. Certificate of registration is conclusive evidence.

A certificate of registration having a registration number, and carrying the applicant's name or business name, issued under this Act by the Registrar shall be conclusive evidence that all the requirements of this Act in respect of the registration and matters precedent and incidental to such registration have been complied with, and the business referred to in such certificate is duly registered under this Act.

[Ins. by Act A1119]

6 PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-6. Effect of registration.

(1) Save as hereinafter expressly provided, when and so long as any person is recorded in any register as an associate of a business, it shall be evidence against him or any person claiming through or under him that he was such an associate unless it is proved that such person was not at any material time such an associate and that he was recorded as such in such register through a bona fide mistake, or without his knowledge and in fraud of him.

[Rectification: PU(A) 117/2003 - Applies to Reprint Version 2001 (incorporating Amendments to up to 30 April 2001]

(2) On the death of any person who, at the time of death, was recorded in a register as an associate of a business, the executors or administrators of such person and any person accountable for estate duty payable on the death of such person shall, for the purpose of any written law relating to estate duty, be prevented and stopped from denying that s

7 PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-7. Rectification of register.

Where it appears to the High Court or to a Sessions Court or to a Magistrates' Court, as a result of evidence adduced before it, that any particulars recorded in a register are incorrect, such court may by order direct the Registrar to rectify the register in the manner specified in such order and the Registrar, upon receipt of such order, shall rectify the register accordingly:

Provided that where any such order is made by a Sessions Court or a Magistrates' Court, the Registrar may appeal therefrom to the High Court in accordance with the appropriate procedure laid down by law for appeals from such courts to the High Court.

8 PART II REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS-8. Effect of non-registration and right to enforce contracts.

(1) So long as the prescribed particulars in respect of any person who is or who claims to be an associate of any business are not recorded in the register, no right of such person under or arising out of any contract made or entered into by or on behalf of such person in relation to such business shall be enforceable by suit or other legal proceeding either in the name of such business or in his individual name or otherwise:

Provided that -

(a) such person may apply to the High Court for relief against the disability imposed by this section and such court, on being satisfied that the default was accidental or due to inadvertence or to fraud on such person or to some other sufficient cause or that on other grounds it is just and equitable to grant relief, may grant such relief, either generally or in relation to any particular contract, as to the court may seem just, on condition that the costs of the application b

9 PART III MISCELLANEOUS-9. [Deleted].

(Deleted by Act A1476:s.3)

10 PART III MISCELLANEOUS-10. [Deleted].

(Deleted by Act A1476:s.3)

11 PART III MISCELLANEOUS-11. Appeal.

(1) Any person who is aggrieved by any decision of the Registrar under section 5, 5A, 5B, 5C, 5D or 5E may appeal to the Minister in the prescribed manner within thirty days from the date the decision is communicated to such person.

(2) The Minister's decision on an appeal under subsection (1) shall be final.

[Subs. Act A1119 - Prior text read - "Appeals. If any question arises between any person and the Registrar as to the registration as a business of any activity carried on by that person or in the event of the refusal of the Registrar to register a business, such person may appeal to a Sessions Court in the manner provided by rules made under the Subordinate Court Rules Act 1955."]

11A PART III MISCELLANEOUS-11A. Display of certificate of registration.

The certificate of registration issued in respect of a business registered under this Act shall be kept exhibited in a conspicuous place at the principal place of business and the certificate issued for each branch of the business shall be kept exhibited in a conspicuous place at that branch.

[Ins. Act A1119]

12 PART III MISCELLANEOUS-12. Offences.

(1) Any person who -

(a) being a person required to register his business under this Act carries on that business without registering the business;

[Subs. Act A1119 - Prior text read - "being a person responsible in respect of any business fails to submit any particulars which are required to be submitted to the Registrar under section 5; or"]

(b) continues to carry on any business after the period of registration has expired; or

[Am. Act A1119 - Prior text read - "continues to carry on any business after the certificate of registration issued in respect thereof has expired; or"]

(c) without lawful excuse fails to comply with any summons or requirement of the Registrar under section 10;

(d) makes any statement or furnishes any information to the Registrar under the provisions of this Act or of rules made thereun

12A PART III MISCELLANEOUS-12A. General penalty.

Any person who is guilty of an offence under this Act or any rules made under this Act for which no penalty is expressly provided for shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Ins. Act A1119]

13 PART III MISCELLANEOUS-13. Institution of prosecution.

No prosecution for or in relation to any offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.

[Subs. Act A1119 - Prior text read - "Sanction for prosecution.

Subject to Article 145 (3) of the Federal Constitution no prosecution for an offence under this Act shall be instituted except -

(a) in the case of an offence under section 12 (1) (d) or (e), with the sanction of the Public Prosecutor; and

(b) in any other case, with the sanction of the Registrar."] [Note this prior section in the Reprint Version 2001 was amended by PU(A) 117/2003]

14 PART III MISCELLANEOUS-14. [Deleted].

(Deleted by Act A1476:s.3)

15 PART III MISCELLANEOUS-15. Officers and inspectors to be public servants.

All officers and inspectors appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574] .

16 PART III MISCELLANEOUS-16. Rule making power.

(1) The Minister may from time to time make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1) such rules may prescribe -

(a) the powers and duties of the Registrar;

(b) the particulars which must be registered and the form in which such particulars are to be supplied for registration;

(c) the requirements as to renewal, amendment or supplementing from time to time of any particulars prescribed for registration and the particulars to be supplied on the winding up, dissolution or other termination of business;

(d) the time at which or the period within which prescribed particulars must be registered;

(e) the form of register to be kept and the places at which such registers are to be kept;

(f) the conditions under which inspection of any register may be

17 PART III MISCELLANEOUS-17. Liability of partners, directors, etc.

(1) Whenever an offence against this Act or against any rule thereunder is committed by a body corporate any director, manager, secretary or other officer of the body corporate shall also be deemed to be guilty of that offence unless he shall prove that such offence was committed without his knowledge or consent and was not attributable to any neglect on his part.

(2) Whenever any agent or servant in the course of his employment does or omits to do any act the doing of which or omission to do which by his principal or employer would be an offence such agent or servant shall be guilty of that offence.

(3) Any person who would have been guilty of an offence if anything had been done or omitted by him personally shall be guilty of such offence and liable to the same penalty if such thing had been done or omitted to be done by his partner, agent or servant in the course of the partnership business or in the course of his employment, as the

18 PART III MISCELLANEOUS-18. Government, Commission, etc., not liable to suit.

(1) Unless it is proved that the Registrar or any officer of the Commission or any public officer has acted wilfully and maliciously, neither the Registrar nor any such officer or public officer shall be under any liability in respect of any error or inaccuracy in a register or any erroneous information contained in any such register or in respect of any error or inaccuracy (whether in the copying or otherwise) in any certificate, certified extract, copy or other document made or issued under this Act or any rules made thereunder and, unless it be alleged that the defendant acted wilfully and maliciously, no court shall entertain any suit or other proceedings or damages in respect of any such matter.

[Am. Act A1119 - Prior text read - "(1) Unless it be proved that he acted wilfully and maliciously no Registrar nor any public officer or clerk, servant or employee of the Government shall be under any liability in respect of any

18A PART III MISCELLANEOUS-18A. Service of notice, etc.

Any notice, certificate or other document required to be given or served under this Act or the rules made under this Act shall be deemed to have been duly given or served if sent by registered post to the registered principal place of business of the person to whom it is addressed.

[Ins. Act A1119]

19 PART III MISCELLANEOUS-19. Request for copy of certificate of registration, etc.

(1) The Registrar may on the request of any person, and upon payment of such fees as may be prescribed, certify a copy of a certificate of registration issued to any person or a copy of or an extract from any document filed with the Registrar.

(2) Any copy or extract if duly certified under the hand of the Registrar to be a true copy or extract under subsection (1) shall be admissible as prima facie evidence in any proceedings without proof being given that the certificate was signed by the Registrar.

[Subs. Act A1119 - Prior text read - "19. Certification and issue of documents.

Any person may on payment of such fees as may be prescribed require the Registrar to certify a copy or extract of any document kept by the Registrar under this Act or any rules made thereunder and to issue him therewith and the Registrar shall certify an issue accordingly."]

20 PART III MISCELLANEOUS-20. Powers of the House of Representatives.

The House of Representatives may by resolution add to, vary or revoke wholly or in part any of the provisions of the Schedule.

21 PART III MISCELLANEOUS-21. Exemption.

The Minister may by order exempt any person or class of person from all or any of the provision of this Act.

22 PART III MISCELLANEOUS-22. [Deleted].

(Deleted by Act A1476:s.3)

22A PART III MISCELLANEOUS-22A. Electronic filing of documents.

(1) The Registrar may provide a service for the electronic filing or lodging of documents required by this Act to be filed or lodged with the Registrar.

(2) A person who intends to use the service provided under subsection (1) shall become a subscriber to the service by paying the prescribed fee and by complying with such terms and conditions as may be determined by the Registrar.

(3) Only a subscriber to the service provided under subsection (1) may electronically file or lodge documents with the Registrar.

(4) A document electronically filed or lodged under this section shall be deemed to have satisfied the requirement for filing or lodgement if the document is communicated or transmitted to the Registrar in such manner as may be prescribed by rules or approved by the Registrar.

(5) The Registrar may, by order published in the Gazette, prescribe the documents that may be electronically filed or lodged.

23 PART III MISCELLANEOUS-23. Repeal.

The Registration and Licensing of Businesses Ordinance 1953 is hereby repealed.