Company Limited By Guarantee Malaysia Constitution
The constitution must include the name of the company and the amount each member has guaranteed to pay in the event of winding up.
Company limited by guarantee malaysia constitution. Companies limited by guarantee clbg may be incorporated under the malaysian companies act 2016 ca 2016 as public companies. 1 2 the institute is incorporated under the companies act limited by guarantee. Company limited by shares the constitution of tenaga nasional berhad 1. The articles of a company limited by guarantee will often contain a list of predetermined objects defining what the company will do.
To incorporate a clg the constitution must be submitted via acra s bizfile website. Companies commission of malaysia act 2001. It will also often contain a specific clause restricting the payment of any profits to members instead directing the reinvestment of surplus income to further the company s objects. The registered office of the company will be situated in malaysia.
In this constitution the foundation institute chamber etc please choose one whicheverapplicable for the whole constitution. In this constitution a the marginal notes are for convenience of reference. Definitions and interpretations 3. Registered office part a 2.
If the company is to be a company limited by guarantee the constitution should state the. 200866 w which is a public company limited by shares. How to incorporate a company limited by guarantee legal requirements. Liability of members 1 4 the registered office of the institute will be situated in malaysia.
A company limited by guarantee clbg is a public company incorporated with the principle liability of its members is limited by the constitution to such amount as the members undertake to contribute to the assets of the company if the company is wound up. Company may include provisions which limit the objectives and powers of the company. Limited by guarantee 1 3 the liability of the members is limited. A clg needs to be set up by application to acra.
Other types of company may or may not have a constitution. The memorandum and articles of association are now collectively known as the constitution and it is expressly stated in s31 and 38 ca 2016 that only a company limited by guarantee shall have a constitution. Commission of malaysia act 2001. The model constitution should be reviewed carefully prior to being adopted to ensure that it best serves the objectives of the company and its members as a whole.
Company limited by guarantee and not having a share capital constitution of company name preliminary 1.