5 November 2018
The Companies Commission of Malaysia (“CCM”) recently issued Practice Note No. 2/2018 (“Practice Note”) to clarify the circumstances and procedures for the rectification of documents that have been lodged and registered with the CCM. A person may apply to the Registrar to rectify the register if an entry in the register contains any matter which is contrary to law, false or misleading in the form or context in which the matter is included, incorrect or erroneous, or has not been duly completed due to an omission or misdescription. The decision of the Registrar relating to an application for rectification is final.
The procedure for the submission of rectified documents is set out in the Practice Note as follows:
- The amended document should be lodged to correct the errors in the earlier lodged or registered document;
- The corrections made should be highlighted by underlining the corrected information on the amended document;
- The phrase “This is filed by way of amendment to the Form … dated … which is erroneous” should also be printed on the top right hand cover of the first page of the amended document; and
- The amended document should be accompanied with a declaration by the person making the lodgement justifying the need for the amendment.
An application to rectify lodged or registered document must be accompanied with an application fee of MYR 300. In addition, the filing of the amended document, as the case may be, shall also be accompanied with the relevant filing fee prescribed in the Companies Regulations 2017.