Transitional Period for Reporting of Beneficial Ownership Extended

The Companies Commission of Malaysia (‘CCM’) issued the Guideline for the Reporting Framework for Beneficial Ownership of Legal Persons (‘Guideline’) on 27 February 2020.  

Among others, the Guideline:
 
  1. provides that each affected entity would be allowed a transitional period of nine months from 1 March 2020 to 31 December 2020 (‘transitional period’) to obtain, establish, verify, maintain and update the information prescribed in the Guideline on its beneficial owners; 

  2. provides that commencing 1 January 2021, each affected entity will be required to submit information on its beneficial owners to the Registrar within the applicable time frames stipulated in the Guideline; and 

  3. requires an affected entity to take steps to keep the information on its beneficial owners updated.
Our summary of the main requirements under the Guideline is available here.

On 17 December 2020, the CCM announced that the transitional period will be extended to a date to be determined and that the enforcement date of the Guideline will coincide with the coming into operation of the proposed Companies (Amendment) Bill and the Limited Liability Partnerships (Amendment) Bill. A consultative document had been issued in respect of each of these Bills earlier this year.  The CCM’s announcement on the extension of the transitional period is available here.
 
On the same day as the CCM’s announcement of the extension of the transitional period, the CCM also issued a revised Guideline for the Reporting Framework for Beneficial Ownership of Legal Persons and a set of Frequently Asked Questions. The revised Guideline is substantially identical to the earlier version of the Guideline except for matters relating to the extension of the transitional period.
 
Comments
 
As the Dewan Rakyat (House of Representatives) has adjourned sine die after the conclusion of its most recent meeting on 17 December 2020, the earliest opportunity for the two Bills to be presented to the Malaysian Parliament will be at its first meeting in 2021, which has yet to be announced as at the date of this Alert.
 
Notwithstanding the extension of the transitional period, affected entities that have yet to fully comply with their transitional period obligations under the Guideline should use every endeavour to comply with these obligations as soon as possible.
 
For enquiries, please contact Kok Chee Kheong (Partner), Tan Wei Liang (Associate) or Tai Kean Lynn (Associate) of our Corporate Division