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RE: GUIDELINES FOR THE APPLICATION TO STRIKE-OFF A NAME OF A DEFUNCT COMPANY UNDER SECTION 308(1) OF THE COMPANIES ACT 1965 DURING MORATORIUM PERIOD (1 JULY – 31 DECEMBER 2012)

This guideline serves to inform the procedures and requirements for the application to strike off names of defunct companies under section 308(1) of the Companies Act 1965 (CA (1965) during moratorium period.

BACKGROUND 2. The Companies Commission of Malaysia (SSM) has on 11 January

2007 issued a set of guidelines for the application to strike off the name of a company pursuant to section 308 of the CA 1965. 3. Notwithstanding, SSM has decided to relax the requirements for the the name of dormant companies

application for striking off names under section 308(1) of the CA 1965 to facilitate the application to strike-off from the Registry.

4.

The effective date of the relaxation of the requirements for

application takes effect from 1 July to 31 December 2012 (moratorium period).

5.

Applicants who apply to strike-off the name of dormant companies

during the moratorium period are not required to submit the management account and companies‟ resolution.

6.

Companies with outstanding penalties or compound issued prior to (a) (b) a flat fee of RM200.00 for the company; and a flat fee of RM200.00 for each offence committed by each director of the company.

the moratorium period will only be required to pay:

WHO MAY APPLY? 7. The application may be made by either the director or shareholder

of a dormant company by filling up the Statement of Declaration by Applicant as per “Appendix 1”.

REQUIREMENTS FOR AN APPLICATION UNDER SECTION 308(1) DURING MORATORIUM PERIOD 8. The Registrar may exercise his discretion to strike off the name of companies if he is satisfied that the application fulfills the

dormant

following requirements: (a) The company has no

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