1 results found

Obligations to serve notices under Section 60C of Companies Act 2016 for Public Companies

 

According to requirements in paragraph 21 of the Guidelines, companies must serve the notices under subsections 60C(1), (2), (3), (5) and (6) (whichever is applicable) and are required to send the notice under subsection 60C(1) at least once a year. 

 

Public companies must give notice to:

  1. any of their members holding not less than 20% of shares in the company; and
  2. any member or any person whom they have reasonable ground to believe has ultimate effective control over the companies.

Public companies cannot solely rely on the information received from its beneficial owner without sending out notices as empowered under Section 60C of the Companies Act 2016.

 

More information :

  1. Guidelines for the Reporting Framework for Beneficial Ownership of Companies
  2. Case Studies and Illustrations of the Guidelines for the Reporting Framework for Beneficial Ownership of Companies
  3. Electronic Beneficial Ownership System ​(e-BOS)​​
  4. Companies (Amendment) Act 2024
  5. ​Practice Directive No. 9/2024: Lodgement of Beneficial Ownership Information under the Companies Act 2016 Through e-BOS
  6. FAQ Beneficial Ownership​​
  7. FAQ Companies (Amendment) Act 2024

​Note:

1. In the absence of any specific method to send notices under section 60C, a company may choose to send the notices and documents in any manner the company deems practical subject to any relevant requirements in their constitution (if any). 

2. Any notices issued under section 60C and the responses received can be in either in physical or electronic form. 

3. The information relating to the notices and responses must be recorded in the register of beneficial owners.

4. The company must also ensure proper record keeping on the feedbacks received together with supporting documents as required under Part IV of Section 4 and Part I of Section 5, of the Guidelines.     

5. In the event no responses are received by the company after notice under section 60C has been issued, at least one (1) more attempt must be made by the company to reach out to the members or any person identified by the company.  The records of the notices sent out must be kept as supporting documents together with the register of beneficial owners.

  • Public Company