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  Members' Voluntary Winding Up
Lodgement of Documents in compliance with Companies' Act 1965
  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.
   
  Striking off Companies Under Section 308 Companies Act 1965
  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)
   
  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
   
  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.
   
  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
 
 
 
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