Companies Commission of Malaysia’s Guidelines on Company Limited by Guarantee (Update)

Our Firm had on 27 October 2021 published an article to highlight the main changes introduced under the new Guidelines on Companies Limited by Guarantee dated 27 September 2021 (‘2021 Guidelines’) as compared to the Guidelines on Company Limited by Guarantee issued on 8 January 2019 (‘2019 Guidelines’). Our article on the 2021 Guidelines can be accessed here.
 
We had explained in our article that we had used the 2019 Guidelines as the basis for comparison notwithstanding that the 2021 Guidelines made no mention of the 2019 Guidelines and had stated that the 2021 Guidelines revoke the Guidelines on Company Limited by Guarantee issued on 31 January 2017 (‘2017 Guidelines’).
 
We also stated in Endnote 2 of our article that arising from our informal enquiry on the reason why the 2019 Guidelines were not revoked by the 2021 Guidelines, an officer of the CLBG Division of the Companies Commission of Malaysia (‘CCM’) advised that the CCM takes the view that both the 2017 Guidelines and the 2019 Guidelines have been revoked by the 2021 Guidelines.
 
The CCM has subsequent to 27 October 2021, uploaded a new set of the 2021 Guidelines on their website which state in paragraph 38 thereof that the 2019 Guidelines (instead of the 2017 Guidelines) have been revoked. Save for that amendment, the two sets of the 2021 Guidelines are identical. A document which compares the two sets of the 2021 Guidelines can be viewed here.
 
Update by Tai Kean Lynn (Associate) of the Corporate Practice of Skrine.
 

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