Recent and Future Development

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RECENT AND FUTURE DEVELOPMENT Presented by CHUA SIEW CHUAN Deputy President, MAICSA Impacting the Secretarial Profession in Malaysia 5 October 2012 The Malaysian Institute of Chartered Secretaries and Administrators

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The Malaysian Institute of Chartered Secretaries and Administrators. Recent and Future Development. Impacting the Secretarial Profession in Malaysia. Presented by CHUA SIEW CHUAN Deputy President, MAICSA. 5 October 2012. Legislative Updates. Overview of. - PowerPoint PPT Presentation

Transcript of Recent and Future Development

RECENT AND FUTURE DEVELOPMENT

Presented by CHUA SIEW CHUANDeputy President, MAICSA

Impacting the Secretarial Profession in Malaysia

5 October 2012

The Malaysian Institute of Chartered Secretaries and Administrators

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

Overview of

Proposed Companies Act, 2013 (pending) Limited Liability Partnerships Act, 2012 Corporate Governance in Malaysia & Malaysian Code of Corporate Governance 2012 Competition Act, 2010 Personal Data Protection Act, 2010 Anti-Money Laundering and Anti-Terrorism Financing Act 2001 Whistleblower’s Protection Act, 2010 Minimum Retirement Age Bill, 2012

Legislative Updates

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

Decoupling of the lodgement of Annual Return with the audited accounts

Single director & single shareholder companies No par value for share capital & solvency declaration

statement Liberalisation of qualification for company secretaries for

private limited companies Significant increase in penalties to promote a culture of

compliance Creation of a register of company secretaries Dispensation of objects clause & ease of incorporation

Proposed Companies Act, 2013

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

Other initiatives :-

leverage on the use of information & communication technologies eg. MyCoID, E-Filing

Stricter enforcement regime is expected

Proposed Companies Act, 2013

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

Tax @ 25% as opposed to a partnership - progressive rate. Tax issue related to the transfer of assets from conventional partnership and companies to LLP has yet to be resolved by the Inland Revenue Board of Malaysia

Benefit:-Cheaper & Easier to

maintain

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

To strengthen self & market

discipline

To complement regulatory discipline

Promote good CG culture in

Malaysia

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

Significant Issues

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

MAICSA can no longer publish its recommended secretarial fees to members. Fees will now have to be negotiated on an arms length basis

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

The Malaysian Institute of Chartered Secretaries and AdministratorsThe Malaysian Institute of Chartered Secretaries and Administrators

Prolong the retention of knowledge workers. Also, to provide for a safety net to take care of senior citizens since it has been shown that the average Malaysian is living longer now due to better healthcare & nutrition

THANK YOU