Special Resolution Companies Act 2016
Upon the date of the special resolution was passed or a later date as specified in the resolution any alteration or amendment to the constitution shall bind the company and the members accordingly.
Special resolution companies act 2016. And c the votes cast in favour of the. Single shareholder and director. The companies act 2016 act came into force on 31 january 2017 save for section 241 in relation to the requirement of a secretary to register with the registrar and division 8 of part iii in relation to corporate rescue mechanism the act replaced the companies act 1965. 184 special resolutions 184a passing of resolutions by written means.
2016 303 december 67 november 56 october 17 september 13. To table a in the fourth schedule in force immediately before the date of commencement of section 181 of the companies amendment act 2014 or any part thereof. As per section 114 of companies act 2013 a resolution shall be a special resolution when a the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution. 8 where in the case of a company incorporated before the commencement of this act any matter is required or permitted to be done by extraordinary resolution that matter may be done by special resolution.
7 any extraordinary resolution duly and appropriately passed before the commencement of this act shall for the purposes of this act be treated as a special resolution. Deleted by act 36 of 2014 wef 03 01 2016. This article summarises the key changes under the new act below. Faqs on the companies act 2016 act 777 background to the review process and new malaysian companies act faqs on the companies amendment bill 2019 documents to be lodged with the registrar for execution by directors officers or members of a company under the companies act 2016.
The companies act 2016 ca 2016 repealed the companies act 1965 ca 1965 and changed the landscape of company law in malaysia. Special resolutions under companies act 2013. Special resolution for change of name. An act to provide for the registration.
1 a special resolution of the members or class of members of a company means a resolution of which a notice of not less than twenty one days has been given and passed by a majority of not less than seventy five per centum of such members. S existing memorandum and articles shall form the company s constitution until the company alters it by passing a special resolution. B the notice required under this act has been duly given.