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  2. Let’s start with what is an Exempt Private Company. An Exempt Private Company is a private company with no more than 20 shareholders which none of whom is a corporation. What are its Directors’ Responsibilities under Section 244, Section 245 and Section 260 of the Companies Act 2016?

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  3. Oleh AZIZAM AZIZAN. The Basics of Private Exempt Companies. In the realm of business and commerce, the concept of an Exempt Private Company (EPC) stands as a unique and strategic structure that extends distinct advantages to certain. enterprises. Rooted in company law, the notion of an EPC revolves around a set of criteria.

    • Types of Registered Companies
    • Requirements of Private Companies Limited by Shares in Malaysia
    • Corporate Income Tax in Malaysia
    • Annual Obligations of Private Companies Limited by Shares
    • Audit Exemption of Private Companies in Malaysia
    • Exempt Private Company in Malaysia
    Limited by shares, either be a private company or a public company;
    Limited by guarantee, shall be a public company;
    Unlimited companies, either be a private company or a public company.
    Name of company For private company, the name shall end with the word “Sendirian Berhad” or the abbreviation “Sdn. Bhd.”.
    Director Minimum one (1) natural person who is at least eighteen (18) years of age and shall ordinarily reside in Malaysia by having a principal place of residence in Malaysia.
    Member Minimum one (1), either natural person or corporate body, Malaysian or foreigner.
    Single Director / Member A company may be incorporated with only one (1) member and that single member can also be the sole director of the company.

    Small and Medium Enterprises (SMEs) with a paid-up capital of up to RM2.5m at the beginning of the basis period:

    Annual Return File with the Registrar each calendar year not later than thirty (30) days from the anniversary of its incorporation date.
    Financial statements and reports Financial statements and reports are to be circulated to members of the Company within six (6) months of its financial year end. A copy of the financial statements...
    Annual Tax Return Under the self-assessment system, submission should be made within seven (7) months from the end of the accounting period of the company which constitutes the basis period for the...

    Based on the CA 2016, the Registrar may exempt any private company from having to appoint an auditor according to the criteria and conditions set. Qualifying Criteria for audit exemption - 1. Dormant companies 2. Zero-Revenue Companies 3. Threshold-Qualified Companies Requirements for submission of accounts 1. Any company that elects to be exempted...

    Based on the CA 2016, “exempt private company” means a private company: 1. where beneficial interest of shares in the company are not held directly or indirectly by any corporation ie. no corporate shareholder; and 2. which has not more than 20 members none of whom is a corporation If a private company fulfils the above definition of exempt company...

  4. Fourth, certain categories of private companies are exempted from having its accounts audited (s255). Formation of Company.

  5. The Malaysian Companies Act 2016 ("CA 2016") requires every private company to appoint an auditor for purposes of auditing its financial statements for each financial year. However, the Registrar also has the power to exempt any private company from having to appoint an auditor. Categories of private companies that qualify for audit exemption

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  6. 3 豁免有限公司的定义DEFINITION OF. EXEMPT PRIVATE COMPANY. - Section 2 of the Companies Act, 2016 - Is a private limited company. 豁免有限公司是私人有限公司。 No beneficial interest is held directly and indirectly by any corporation. 豁免有限公司的股份不能由任何公司直接或间接持有。 Has not more than 20 members. 豁免有限公司的成员不能超过20位。

  7. However, pursuant to subsection 267(2) of the CA 2016, the Registrar may exempt any private company from having to appoint an auditor according to the criteria and conditions as set out in this Practice Directive. QUALIFYING CRITERIA FOR AUDIT EXEMPTION CERTAIN CATEGORIES OF PRIVATE COMPANIES.

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