🇲🇾 Registry1 Apr 2024
Malaysian companies must report their beneficial owners to SSM
Malaysia's Companies (Amendment) Act 2024 brought in a beneficial ownership reporting framework from 1 April 2024. Companies must keep a register of beneficial owners, lodge it with the Companies Commission of Malaysia (SSM) through its e-BOS system, and lodge changes within 14 days. Anyone owning at least 20% of shares, or with significant control, is a beneficial owner. Existing companies had until 30 June 2024 to lodge.
The Act brought section 2 and new Division 8A of the Companies Act 2016 into force on 1 April 2024.
What changed
- Beneficial owner: an individual who owns at least 20% of the shares, or who holds less but has significant control or influence over the directors or management.
- Register: companies must keep a register of beneficial owners and lodge the information with SSM through e-BOS.
- Changes: lodged within 14 days of being entered in the register.
- Existing companies: had until 30 June 2024 to lodge, with no enforcement before then. SSM later let companies correct their filings without fees until 30 September 2024.
- Penalty: on conviction, a fine of up to RM 20,000 for the company and every officer in default.
Who is affected
Every Malaysian company and its company secretary.
Sources
- SSM: Companies (Amendment) Act 2024, the BO reporting framework for companies and e-BOS%20ACT%202024,%20THE%20BO%20REPORTING%20FRAMEWORK%20FOR%20COMPANIES%20%26%20eBOS.pdf)
- MAICSA: SSM, lodgement of beneficial ownership information via e-BOS (5 August 2024)
- PwC Malaysia: TaXavvy issue 14-2024