Beneficial Ownership 2024
Following the Companies (Amendment) Act 2024 came into operation on 1 April 2024, Companies Commission of Malaysia had on the even date issued the ‘Guidelines for the Reporting Framework for Beneficial Ownership of Companies’ (“revised BO Guidelines”) to supersede the earlier ‘Guideline for the Reporting Framework for Beneficial Ownership of Legal Persons’ which were issued on 1 March 2020 and 17 December 2020
COMPANY SECRETARY
Pursuant to Division 8A of Part II of the CA 2016 and the revised BO Guidelines, all companies are now required to:
a. obtain, verify and record the beneficial ownership information in the register of beneficial owners;
b. maintain the register of beneficial owners together with the relevant supporting documents; and
c. lodge the beneficial ownership information with the Registrar of Companies (“ROC”):
i. within 3 months (from 1 April 2024 to 30 June 2024) after the enforcement of beneficial ownership provisions under the Companies (Amendment) Act 2024 through electronic beneficial ownership system (“e-Bos”) [item 37 of the frequently asked questions of the Companies (Amendment) Act 2024] (“Transitional Period”);
ii. within 14 days from the date of any changes to the particulars of beneficial ownership information is recorded in the register of beneficial owners pursuant to Sections 60B(3) and 60C(4) of the CA 2016; and
iii. within 30 days from the anniversary of incorporation date of the companies together with the annual return pursuant to Section 68(1) and (3)(ia) of the CA 2016 [enforcement date to be advised by the ROC later].
Companies (Amendment) Act 2024
The legislation, guidelines and training pertaining to the beneficial ownership can be downloaded from the Companies Commission of Malaysia’s website as follows:
Legislation and guidelines
Link
Companies (Amendment) Act 2024
https://www.ssm.com.my/Pages/Legal_Framework/Document/A1701%20BI.pdf
Appointment of date of coming into operation – Companies (Amendment) Act 2024
https://www.ssm.com.my/Pages/Legal_Framework/Document/PUB118_2024_Act%20A1701.pdf
Frequently asked questions of the Companies (Amendment) Act 2024
https://www.ssm.com.my/Pages/Legal_Framework/Document/FAQ%20CA%20(Amendment)%202024.pdf
Revised BO Guidelines
Case studies and illustrations of the revised BO Guidelines
e-Bos
https://www.ssm.com.my/Pages/ebos.aspx
Training entitled The beneficial ownership reporting framework based on the Companies (Amendment) Act 2024
Or visit our Telegram Channel for Beneficial Ownership
https://t.me/BeneficialOwnerSSM