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Members' Voluntary Winding Up
Lodgement of Documents in compliance
with Companies' Act 1965 |
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Definition:
Section 4 of CA 1965
Members' voluntary winding up means a winding up under
Division 3 of Part X where a declaration has been made
and lodged in pursuant to Section 257, CA 1965.
>>>Declaration of Solvency, Form 66
has been lodged with ROC. |
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Striking
off Companies Under Section 308 Companies Act 1965 |
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Section
308 CA 1965
The process to strike off companies are,
1. Application from companies and approved by SSM
2. SSM's initiative ie Ops section 308 (since May 2004) |
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Application
to strike off
1. Application can be made by
directors or shareholders/co. secretary/lawyer on behalf
of directors.
2. Application to be submitted together with
i. Statutory Declaration made by one of the directors
ii. Supporting documents
- latest audited Financial Statements
- waiver letter from director/creditors
- resolution by members/directors
**Note: This procedure is not an alternative to formal
insolvency preceedings |
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Section
308(1) - Power to strike defunct company
Where the Registrar
has reasonable cause to believe that a company is not
carrying on business or is not in operation
**Note: There is no specific provision in the Act for
companies which states that 'companies can apply to
strike off. But guidelines issued by registrar on 18
Jun 1998 allows companies to apply for strike off. |
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Section
308
Companies Commission of Malaysia
takes the initiative to strike off companies which fail
to lodge Annual Return for more than 6 years.
Based on a list issued by ICT department |