Companies Act · 2021 Revised Edition · Part · Incorporation of Companies and Matters Incidental Thereto
21. Power to dispense with "Berhad" in name of charitable and other companies
Official textFrom Attorney General's Chambers, unchanged
Where it is proved to the satisfaction of the Registrar that an association about to be formed as a religion, charity or any other useful object, and intends to apply its profits, if any, or other income in promoting its objects and to prohibit the payment of limited company is to be formed for promoting commerce, art, science, any dividend to its members, the a
Registrar
"Registrar" means the Registrar of Companies appointed under section 288, and includes any Deputy Registrar or Assistant Registrar;
Registrar may by licence direct that the association may be registered as a company with limited liability, without the addition of the word "Berhad" to its name, and the association may be registered accordingly.
A licence by the Registrar under this section may be granted on such conditions and subject to such regulations as he may think fit, and a those conditions and regulations shall be binding on the association and shall, if the Registrar so directs, be inserted in the memorandum and articles, or in one of those documents.
memorandum
"memorandum" means the memorandum of association of a company, as originally framed or as altered in pursuance of any written law;
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Companies
The association shall on registration enjoy all the privileges of limited companies, and be subject to all their obligations, except those of using the word "Berhad' as any part of its name, and of publishing its name, and of sending lists of members to the Registrar.
A licence under this section may at any time be revoked by the Registrar and upon revocation, the Registrar shall enter the word
"Berhad' at the end of the name of the association upon the register and the association shall cease to enjoy the exemptions and privileges granted by this section:
Provided that, before a licence is so revoked, the Registrar shall give to the association notice in writing of his intention and shall afford the association an opportunity of being heard in opposition to the revocation.
Where the name of the association contains the words
"Chamber of Commerce", the notice to be given as aforesaid shall include a statement of the effect of the provisions of section 22(3).
Terms defined in s 2
articles
Defined · s 2"articles" means the articles of association of a company, as originally framed or as altered by special resolution, including, so far as they apply to the company, the regulations contained in Table A in Schedule 1;
limited company
Defined · s 2"limited company" means a company limited by shares or by guarantee;
memorandum
Defined · s 2"memorandum" means the memorandum of association of a company, as originally framed or as altered in pursuance of any written law;
Registrar
Defined · s 2"Registrar" means the Registrar of Companies appointed under section 288, and includes any Deputy Registrar or Assistant Registrar;
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Share Capital and Debentures Prospectus
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Management and Administration Registered Office and Name
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Part 9
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Restrictions on Sale of Shares and Offers of Shares for Sale
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Prohibition of Partnerships with More Than Twenty Members
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