Penalty for failing to lodge Financial Statements for a Public Company

As per Section 259(3) of the Companies Act 2016:

1. Every officer who contravene this Section commit an offence and shall, on conviction, be liable to a fine not exceeding RM 50,000.00; and
2. In the case of a continuing offence, a further fine not exceeding RM1,000.00 for each day during which the offence continues after conviction.

More information: Section 259 Companies Act 2016.

Lodgement fee for audited Financial Statements for a Public Company

Fee : RM 200.00

More information : Companies Regulations 2017.

Preparation of Financial Statements in compliance with approved accounting standard for a Public Company

Every company shall prepare Financial Statements in accordance with the approved accounting standard set by Malaysian Accounting Standard Board (MASB) and Malaysian Institute of Accountant (MIA).

More information : Section 244 Companies Act 2016.

Contents of directors’ report for a Public Company

A directors’ report for a financial year in relation to a company shall contain:

1. the name of every person who was a director of the company:
1. During the financial year; and
2. During the period commencing from the end of the financial year and ending on the date of the report;


2. The principal activities of the company in the course of the financial year including its subsidiaries; and


3. The matters set out in the Fifth Schedule.

More information :

1. Section 253 Companies Act 2016.

2. ​The Business Review Report.

Checking lodgement status of Financial Statements for a Public Company

The lodgement status of Financial Statement can be checked as follows:

1. MBRS Portal - Applicant should login to SSM4U and choose 'MBRS Portal'. Click 'Filing History' menu to check the lodgement status of Financial Statements.

Or

2. Lodgement over the counter - Email a covering letter acknowledged by SSM and a copy of full set document for Financial Statements to enquiry@ssm.com.my.

Responsible individual to lodge Financial Statements

The Company Secretary or company agent plays the role as a lodger who has the authority to submit Financial Statements to SSM.

Preparation and lodgement of Financial Statements - Exempt Private Companies (FS-EPC)

Preparation

1. Install MBRS Preparation Tool (mTool)
2. Select 'Financial Statements' as submission type on the introduction page
3. Click 'Create Filing'
4. The filling information template will be displayed
5. Select 'FS-EPC' under type of submission dropdown
6. Fill out the relevant information
7. Upload XBRL file on MBRS Portal (mPortal)

Submission

1. Login to SSM4U
2. Click 'MBRS' icon
3. Click 'Approval Management' under 'Administrator' menu
4. Click 'Filing Approval'
5. Enter ID and pin number for digital signature (Post Digicert)
6. Click 'Do Lodgement'
7. Make payment

More information:

1. Section 259 Companies Act 2016
2. MBRS User Manual - Financial Statements (mTool)​​
3. MBRS User Manual - (mPortal) - Upload & Submission​
4. MBRS Financial Statem​ents Preparers’ Guide
5. Companies Regulation 2017

Preparation and lodgement of Key Financial Indicator - Companies Limited By Guarantee (CLBG)

Preparation

1. Install MBRS Preparation Tool (mTool)
2. Select 'Financial Statements' as submission type on the introduction page
3. Click 'Create Filing'
4. The filling information template will be displayed
5. Select 'KFI-CLBG' under type of submission dropdown
6. Fill out the relevant information
7. Upload XBRL file on MBRS Portal (mPortal)

Submission

1. Login to SSM4U
2. Click 'MBRS' icon
3. Click 'Approval Management' under 'Administrator' menu
4. Click 'Filing Approval'
5. Enter ID and pin number for digital signature (Post Digicert)
6. Click 'Do Lodgement'
7. Make payment

More information:

1. Section 259 Companies Act 2016
2. MBRS User Manual - Financial Statements (mTool)​​
3. MBRS User Manual - (mPortal) - Upload & Submission​
4. MBRS Financial Statem​ents Preparers’ Guide
5. Companies Regulations 2017

Checking status for lodgement of Financial Statements

1. Login SSM4U

2. Select 'MBRS' icon

3. Click 'Report' menu

4. Select 'Filing History'

5. Fill out the relevant information

6. Click on 'Search' button

7. Refer to 'Filing Status' column

Note: The status can be checked based on the date when MBRS file was uploaded.

Purpose of rectification application

Lodger can make a rectification application to amend Annual Return or Financial Statements which has been lodged and approved.

More information : Section 602 Companies Act 2016

Checking application status for Maker/Lodger roles

Maker role: Applicant can check the application status at Accepted Record column.

Lodge role: Aplicant can check the application status at Pending Record column.

More information: MBRS User Manual - External User Roles

Note : For application which has been rejected, please click on 'User Role Assignment' and select 'Reject Record' tab to find out the reasons for the rejection.

Extension of Time to lodge Annual Declaration

1. Login SSM4U

2. Click 'MyLLP' icon

3. Select 'Post Registration' menu

4. Click 'Annual Declaration' under 'Extension of Time' sub menu

Fee: RM 50.00 per every 30 days period

More information: Extension of Time for Annual Declaration User Manual

Note: The application for an Extension of Time shall be made after the end of financial year of the LLP and at least 30 days before the due date for this submission of the Annual Declaration.

Checking query status of lodgement of Annual Return for a Company Limited By Guarantee

Applicant should login to SSM4U and select 'MBRS Portal'. Click 'Filing History' menu to check the query status of lodgement of Annual Return.

More information : Practice Note No. 5/2019

Note : Applicant should reply the query within 30 days from the query date.

Application for extension of time for circulation and lodgement of Financial Statements for a Company Limited By Guarantee

1. MBRS Portal - Applicant should login to SSM4U and click 'MBRS Portal'. Select the related application as follows :

1. EA5A - Application for Extension of Time for Circulation of Financial Statements and Reports
2. EA5B - Application for Extension of Time to Lodge Financial Statements and Reports
3. EA6 - Application for Extension of Time for Holding Annual General Meeting

Or

2. Submission over the counter - Applicant should complete Section 259(2) Notice of Extension of Time to Lodge Financial Statements and Reports or Section 340(4) Extension of Time for Holding of Annual General Meeting and submit the application to SSM counter.

More information :

1. Section 259 Companies Act 2016
2. Section 340 Companies Act 2016
3. Practice Note No. 3/2018

Note : For the moment, EA5B application cannot be submitted through MBRS due to system constraints.

Checking approval status of EA5A and EA5B regarding extension of time for circulation and lodgement of Financial Statements for a Company Limited By Guarantee

Applicant should login to SSM4U and choose 'MBRS Portal'. Click 'Filing History' menu to check the approval status of EA5A and EA5B application.