Malaysia: Reporting Framework for Beneficial Ownership
The enforcement of the Companies (Amendment) Act 2024 (“Amendment Act”) which came into operation on 1 April 2024, the Companies Commission of Malaysia (“CCM”) has issued the Guidelines for the Reporting Framework for Beneficial Ownership of Companies (“Guidelines).
All companies are required to lodge beneficial ownership information within three (3) months (April, May & June) after the enforcement of beneficial ownership provisions through e-BOS. No enforcement action will be taken for non-compliance during the three (3) months period. Enforcement action will be taken for non-compliance from 1 July 2024 onwards.
Key changes and requirements
In compliance with the Amendment Act, all companies are required to report its beneficial ownership in accordance with the Guidelines issued by CCM due to the following changes:
Definition of beneficial owner
Criteria of beneficial owner
No company is exempted from the application of Division 8A of the Companies Act 2016 (“CA 2016”)
Upon receiving written and signed confirmation from the beneficial owners, the information will be recorded in the Register of Beneficial Owners and will be lodged with the CCM via e-BOS system within 14 days from the date the beneficial owner information is recorded in the Register of beneficial owners.
Companies are given a six (6) months time frame starting from 1 April 2024 until 30 September 2024 to update and lodge the beneficial ownership information with the Registrar.
How can we help?
Computershare Governance Services global team of professionals are available to guide you through the process of determining the beneficial owner and the ongoing advisory oversight to monitor a change in the organization structure that may result in a triggering event that will require an update to the Registrar for a change of the beneficial owner.
Computershare’s leading entity management system GEMS can also help you to manage and store your beneficial ownership information, as well as the information about shareholdings, ownership, and directorships on a global basis.
Contact:
Please contact your dedicated Computershare Relationship Manager or send an email to globalentityservices@computershare.com for more information about how Computershare may assist you in responding to these new requirements.
This notice is provided by Computershare for general informational purposes only and is not intended and should not be construed as legal, regulatory, financial or tax advice. Computershare is not licensed or authorized to practice law in any jurisdictions and hence does not provide any legal advice and it does not hold itself out as doing so. Neither Computershare nor any of its affiliates or contributors accept any responsibility or liability for the quality, accuracy or completeness of any information contained in this notice. It is important that you seek independent professional advice relating to the subject matter of this notice before relying on it.