Jabatan Pendaftaran Pertubuhan Malaysia

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Organization Management Guidelines

Sample Of Laws For Establish Organization.


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Example Organization Laws That Have Branch

File Name: PERTUBUHAN YANG TIDAK MEMPUNYAI CAWANGAN.doc
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Example Organization Laws That Do Not Have Branch
File Name: Society Laws English Version.pdf
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File Name: Society Laws English Version.doc
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Example Organization Laws That Have Branch

File Name: PERTUBUHAN YANG MEMPUNYAI CAWANGAN.pdf
Size: 112Kb
File Name: PERTUBUHAN YANG MEMPUNYAI CAWANGAN.doc
Size: 147Kb

 

Example Organization Laws For Pertubuhan Faedah Bersama


File Name: PERTUBUHAN FAEDAH BERSAMA.pdf
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File Name: PERTUBUHAN FAEDAH BERSAMA.doc
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Establish Branch Organisation Approval

1. INTRODUCTION
 

Societies registered under the Societies Act 1966 may establish branches only if:
(a) The law contains provisions registered branch formation, and
(b) Authorization to establish a branch has been obtained from the Registrar of Societies.

 2.  LAWS AND REGULATIONS IN FORCE
  (a)    Society Act 1966;
(b)    Organization Rules 1984.
 3.     BRANCH ORGANIZATION
   

Organization registered under Section 7 (1) of the Societies Act 1966 which stipulated laws for the establishment of branches may establish branches by first requesting permission from the Registrar of Societies under Section 12 (1) of the Societies Act 1966.
     

 4.  

 HOW TO APPLY TO ESTABLISH BRANCH

   

4.1 Every application for permission to establish a branch shall be made by the Master Association.

4.2 Form of application for permission to set up branches (Form 5) can be downloaded for free here or obtained from the Head Office and any State Department.

4.3 Every application shall contain the following items:

 

(a) copies of the application form 5 - The Truth Establishment Branch confirmed and signed by two of the main office of Parent Organization. The main office means President / President / Chairman, Vice President / Vice President / Deputy Chairman, the Vice President / Vice President / Vice President, Secretary and Treasurer.

(b) a letter of permission to use the address of the owner of the address, if applicable. (If using the address of the office, schools, hospitals, farms, companies or factories, written permission of the employer / owner of the address must be attached), and

(c) A processing fee of RM10.00 in cash / bank draft / money order in the name of Registrar where the application is sent to the headquarters of the Registrar of Societies Malaysia or Assistant Registrar of the application submitted to the State Registrar of Societies.

5. WHERE TO SUBMIT APPLICATION
 

Application for registration of establishments must be submitted to the Headquarters of the Registrar of Societies Malaysia.

 6.

RESPONSIBILITY TO ESTABLISH A BRANCH WITHIN THREE MONTHS

 

6.1 Parent Organization shall establish a branch after branch Setting Permission Certificate issued by the Registrar of Societies to call a meeting of branch formation. The branch shall be established within three months from the date of the Certificate of Approval is issued unless an extension of time for its establishment was approved by the Registrar of Societies .

6.2 Parent Organization shall submit all the documents below to the Registrar of Societies of the State concerned after the establishment of the branch :

(a ) two copies of a list of the members of the Branch Committee . This list should contain details such as the name ( for the Chinese people also name written in Chinese characters) , in the branch office , identification number , date of birth, place of birth, occupation , name and address of the employer and home address of each member of the Branch ;

( b ) 2 copies of the Minutes of the establishment of regional offices and
( c ) copies of the Statement of Receipts and Payments and Balance Sheet for the period ( if any) .

6.3 Every copy of the document in (a ) , ( b ) and ( c ) shall be signed by two of the main office and the branch ditandatanganbalas by an office-bearer of the Master Association . The main office means President / President / Chairman , Vice President / Vice President / Deputy Chairman, the Vice President / Vice President / Vice President, Secretary and Treasurer

7.

APPEAL AGAINST REJECTION OF APPLICATION FOR APPROVAL TO ESTABLISH A BRANCH ORGANIZATION

 

7.1 Under Section 18 of the Societies Act 1966, any body, office-bearer or member of the body that does not comprehend the decision of the Registrar of Societies in the case of rejection of application for registration may appeal the decision to the Minister within 30 days from the date of the Registrar's decision.

7.2 The petition and payment processing fee of RM50.00 in cash / bank draft / money order must be submitted to Headquarters, Department of the Registrar of Societies Malaysia or ROS State where the registered address designated organizations.

Registration Flags, Emblems, Badges or Insignia Other Organizations

  INTRODUCTION
 

Under Section 50 of the Societies Act 1966, a registered organization can not wear a flag, badge or other insignia unless it has been approved by the Registrar of Societies.

Any body who showed any flag, badge or other insignia that is not approved by the Registrar of Societies or contravenes any condition imposed by the Registrar of an offense and shall on conviction, be liable to imprisonment for a term not exceeding three months or a fine of not more than three thousand dollars.

  For the purposes of the provisions of Section 50 of the Societies Act 1966, organizations are prohibited from using all or part of the emblem, logo or following signs as an emblem, flag or symbol of the organization:
  a) National flag or insignia of Malaysia .
b ) All personal and official emblems and insignia His Majesty the King , His Majesty , Kings and the Lord - His Excellency the President of the State of Malaysia .
c ) All state flags , emblems and insignia states of Malaysia .
d ) All badges , flags, shoulder badges , emblems and insignia Malaysian Armed Forces and Royal Malaysian Police Force .
e ) All of the national flag , emblem and insignia of foreign countries .
f ) All badges , flags, shoulder badges , emblems and insignia of the Armed Forces and the National Police Force of foreign countries .
g ) All flags , symbols, emblems , insignia or badge of political parties registered with the valid whether local or foreign .
h ) A five- star red edges .
i ) The symbol sickle and hammer used by the communists.
j ) Any flag , symbols, emblems , badges and insignia similar to the design, color or word of any one mentioned above.
k ) Any flag , symbols, emblems , insignia or badges and pertinent or has an interest in secret societies or organizations that violate the law.
l ) Any flag , symbol, emblem , or insignia under the laws in force in the states of Malaysia before the implementation of this Act .
m ) which is the national flower hibiscus .
n ) Coat of government departments and local authorities .
o ) Any symbol with a name associated with ASEAN or ASEAN .
p ) The words "ALLAH " , "ILLAHI" , " MUHAMMAD " , " Shahadah " and the word or the word of Islam to another.
q ) emblem or official seal of the United Nations Organization .
r ) that resembles the shape of an animal tiger emblem government.
  Consequently, organizations are advised to register the registered flag, emblem, badge or other insignia to submit amendments to the law on state ROS respectively.

Registration of Public Officials

1. INTRODUCTION
 

Section 9 (c) of the Societies Act 1966 provides that an organization may sue or be prosecuted in the name of any one of its members as stated to the Registrar of Societies and registered him as a public officer for the purposes of the organization.

   
2. HOW TO SUBMIT APPLICATION FOR REGISTRATION OF PUBLIC OFFICIALS
 

Public Official registration can be submitted in the following manner :

  (a)

2 copies of Form 28 - Application to Register Public Officers Under Section 9 (c). Relevant forms can be downloaded here or is available for FREE at the Headquarters, Department of the Registrar of Societies Malaysia and the State of Registry of Societies;

  (b)

Minutes recording the appointment of the members of the organization as a Public Officer, and

  (c)

A processing fee of RM10.00 in cash / bank draft / money order in the name of Registrar if the application is sent to the Head Office of the Registrar of Societies Malaysia or Assistant Registrar of the application submitted to the State Registrar of Societies.

   
3. WHERE TO SUBMIT REGISTRATION OF PUBLIC OFFICIALS
 

Application for registration of a public officer shall be submitted to the Registrar of Societies in the State where the organization is registered. Refer to the State of Registry of Societies address here.

Parent Organization Registration

1. INTRODUCTION
 

Registered organization shall function in accordance with legal requirements and comply fully registered Societies Act 1966 and Societies Regulations 1984.

   
2. LAWS AND REGULATIONS IN FORCE
  (a) Society Act 1966;
  (b) Organization Rules 1984.
   
3. ORGANIZATION MEANING
 

Under Section 2 of the Societies Act, 1966 "Organization" is defined as an association, club or moving bodies based membership consists of 7 members or more and have specific purposes whether permanent or temporary, but does not include pertubuhan-pertubuhan/badan- body confirmed its creation under other law in force in Malaysia as companies, trade unions, cooperatives, and so on. Among the organizations that are not registered under the Societies Act 1966 are shown in the table:

    
No Name Rules
1 Boy Scouts Association Of Malaysia (Incorporation) Act 38/68
2 Cheng Hoong Teng Temple (Incorporation) Ordinance 39/49
3 Farmer’s  Association Act 22/67
4 Fishermen’s  Association Act Act 44
5 Girl Guides  Ordinance 61/53
6 Malaysian Combined Cadet Forces Act 68/67
7 Malaysian Red Cross Society (Incorporation) Act (Kemudian Dikenali Sebagai Red Cresent) 47/65
8 Methodist Church In Malaysia  Ordinance 43/55
9 National  Association Of Women’s Institute Of The Federation Of Malaya  Incorporation  Ordinance 37/58
10 National  Sports Council Of  Malaysia Act 29
11 Overseas Missionary Fellowship (Incorporation)  Ordinance 22/57
12 Planter’s  Association Of Malaya (Incorporation) Fms Cap. 105
13 St. John Ambulance Of  Malaysia (Incorporated) Act Act 74
14 Planter’s Benevolent Fund Fms Cap. 106
15
Pure Life Society (Shudda Samajam) (Incorporation) Ordinance
15/57
16 Salvation Army (Incorporation) Ordinance 35/56
17 Subang Golf Course Corporation Act 26/68
18 Synod Of Diocese Of West Malaysia (Incorporation) Act Act 36
19 Universities And University Colleges Act Act 30
20 Parent Teacher’s  Association Education Act 61
21 Youth Societies (AKTA PERTUBUHAN BELIA DAN PEMBANGUNAN BELIA 2007) Act 668
   
4. HOW SETTING UP AN ORGANIZATION
  4.1

A formation meeting which was attended by at least seven (7) shall be held and the names of those present shall be recorded in the minutes.

* Representatives from at least seven different states should be present at the meeting to fulfill the establishment of a national organization. They have appointed a Committee sponsors.

  4.2
Meeting establishment shall make the following resolutions:
   
(a)
agreed to establish a body;
   
(b)
approve the name of the organization to be registered (name of the organization shall be consistent with the purpose and membership organizations);
   
(c)
establish a place of business (address) that will be registered;
   
(d)
appoint the members of the Organization Committee sponsor to manage the registration of societies, and
     
   
Prepare a list of committee members sponsor containing the details:
   
-
Full name as in myKad;
    -
positions in society;
    -
identification number;
    -
date of birth and place of birth (province);
    -
occupation;
    -
email;
    -
phone numbers (Home / Mobile / Office);
    -
name and address of the employer, and
    -
current residential address of every Member of the Committee;
       
   
   
Please ensure that all members of the Committee for the Organization is not disqualified to hold office under Section 9A and Section 49 of the Societies Act 1966.
       
   
(e)
passed a law (the constitution) to be registered organizations including emblems, flags, badges and other colored marks along with a description of the purpose of the signs is in it (if applicable).
     
  4.3
Record the proceedings of the establishment (Minutes of Establishment) organization as well as the results of the determinations made. Sample Meeting Minutes Incorporation
   
 5. APPLICATION FOR REGISTRATION OF ESTABLISHMENTS
  5.1 Secretary sponsor shall register as a user on the system eROSES via www.eroses.gov.my. Please refer to the eROSES User Guide for more information.
  5.2

Fees of RM30.00 and can be paid via the following methods:

   
(a)
Reception Department. Refer to address the State Registrar of Societies Malaysia here.
   
(b)
Online Payment: Payment on-line through Debit Account facility (FPX) if you have an internet banking account in under MEPS FPX bank, Bank Islam Malaysia Berhad, CIMB Bank, Hong Leong Bank Berhad, Maybank Berhad, Public Bank Berhad and RHB Bank.
   
6. HOW TO REVIEW THE APPLICATION FOR REGISTRATION AFTER PAYMENT
 

Notice of the decision will be e-mailed to the Secretary of the Sponsor. You can also refer to the Registrar of Societies Malaysia State where the registered address of designated organizations. Refer to no. phone the Department of State Registration of Societies Malaysia here.

   
  REMINDER
   

Users who want to sign the Constitution itself must be present at the office of the Registrar of Societies Malaysia to review the Constitution first. Refer to address the State Registrar of Societies Malaysia here.

Confirmation of Property Officer

1. INTRODUCTION
 

Section 9 (b) of the Societies Act 1966 provides that the immovable property of a body can be, if not registered in the names of trustees, managed by three main office bearers of the organization. The main office bearers means President / President / Chairman, Vice President / Vice President / Vice Chairman, Vice President / Vice President / Vice President, Secretary and Treasurer.

   
2. HOW TO SUBMIT VERIFICATION OF PROPERTY OFFICER
 

Appointment of officers of the property to be verified by submitting the following :

  (a)
2 copies of Form 29 - Application for Certificate Verification for Section 9 (b). Relevant forms can be downloaded here or is available for FREE at the Headquarters, Department of the Registrar of Societies Malaysia and the State of Registry of Societies;
  (b)
Minutes recording the appointment of office-bearers as property officers;
  (c) The complete list of office-bearers;
  (d)
A processing fee of RM10.00 in cash / bank draft / money order in the name of Registrar if the application is sent to the Head Office of the Registrar of Societies Malaysia or Assistant Registrar of the application submitted to the State Registrar of Societies.
   
3. WHERE TO SUBMIT VERIFICATION OF PROPERTY OFFICER
 
Official confirmation of property shall be submitted to the State Registrar of Societies in which the organization is registered. Refer to the State of Registry of Societies address here.

Delivery of Annual Returns

1. INTRODUCTION
 

It is the responsibility of each organization to file annual returns within 60 days after the holding of the Annual General Meeting or if no such general meeting held within 60 days after the end of each calendar year.

   
2. HOW TO SEND ANNUAL RETURN
 

Annual Statement shall contain a true and complete information as follows:-

 

  (a)

Two (2) copies of Form 9 - Essential Information Given Every Year Every Organization And Branches Registered Organization Pursuant to Section 14 (1), the Societies Act, 1966. Relevant forms can be downloaded here or is available FREE at Headquarters, Department of the Registrar of Societies Malaysia and the State of Registry of Societies;

  (b) Name and address of business;
  (c)

Three (3) copies of a complete list of show title, name (in Chinese in Chinese characters should also be written), identity card number, date of birth, place of birth, occupation, name and address of employer for all major office holders and other office bearers of the Organising Committee: Committee List and Sample Format;

  (d) Two (2) copies of the Annual General Meeting Minutes: General Meeting Minutes Sample;
  (e)

Two (2) copies of Receipts and Payments Statement and Balance Sheet for the financial year; Examples of Financial Statements;

  (f)

Two (2) copies of the information on any immovable property owned;

  (g) Two (2) copies the name and address of any organization outside Malaysia which an affiliate member;
  (h)

Two (2) copies of the information for any money or property, any interest or profit pekuniari received by it from any person, organization, authority, government or agency outside Malaysia; and

  (i)

Four (4) copies of the amendment to the organization establishment law which made since annual returns end (for the parent organization only).

 

 3. DESCRIPTION
  (a) 2 (two) copies are required and each copy and attachments must be signed by 2 (two) main office bearers of Association.* For the Branch shall be signed by an office-bearer that hold main position in parent organization. The main office bearers is the President or the Chairman, the Vice-President or Vice President, Secretary and Treasurer.
 

(b)

Office Bearers including :-

  • Members of any sub-committee or other body established or constituted by the governing body of a registered organization or by a branch of the organization;
  • A person who is to some extent responsible for the management of any of the affairs or conduct of any activities of a registered organization or any branch;
  • A person appointed or authorized to represent or act on behalf of, a registered organization, or any branch of the organization, in any matter, other than a person who is not a member of the organization, are employed by the organization to represent or act on behalf of a registered organization, or any branch of the society or a professional or by contract.
 

(c)

Section 9A of the Societies Act, 1996

 

 

Subject to subsection (2), a person is qualified to be lost and can not be or continue to be the bearer of, advisor or employee of a registered organization :-

  • If it has been convicted guilty of any offense against this Act; or
  • If he has been convicted guilty of any offense under any other law and was sentenced to a fine of not less than 2 (two) thousand Malaysian ringgit or to imprisonment for a term not less than 1 (one) year; and
  • If there is enforceable against any order of detention, restriction, supervision, restricted residence, banishment or deportation under any law relating to the security or public harmony in federal or in any part or in relation to the prevention of crime, for security, restricted residence, banishment or immigration; or
  • If it is the undischarged bankrupt; or
  • If it is and has been found or determined to be of mentally problem or retard
 

(d)

Lose eligibility for a person under paragraph (c).ii above shall cease at the expiration of 5 (five) years from the date of the convicted person is released from custody or the date the fines are imposed.

 

4.

WHERE TO SUBMIT ANNUAL RETURN SHIPPING

 

Delivery of annual returns need to be submitted to the Registrar of Societies in the State where the organization is registered. Please refer the State Registry of Societies address here.

Request For Registration Revoked

1. HOW TO APPLY DISSOLUTION OF ASSOCIATION
  1.1 Every application shall contain the following:
    (a) Two (2) copies of the application Form 6 - Request For Cancelled the Registration and signed by seven (7) regular members and one main office bearer of organization;
    (b)

Two (2) copies of Minutes of General Meeting * dissolution containing suggestion and how to solve the remaining money / property and signed by two (2) main office bearers of the organization;

    (c)

Submit Annual Returns and list of last committee;

    (d)

Submit two (2) copies of Final Financial Statements, and

    (e)

Return the original Certificate of Registration or Certificate of Registration certificate of loss (if applicable).

   

Note * General Meeting must comply with the provisions of the dissolution of the body of law or Section 9 (h) of the Societies Act 1966.

  1.2

Application forms for the dissolution of the organization (Form 6) can be downloaded here or obtained from the Head Office and any State of the Registrar of Societies.

   
2. WHERE TO SUBMIT APPLICATION

Applications of the dissolution must be submitted to Department of Organization   Registrant of State accordance to the registered address of the organization within the period specified in the body of law organizations. Refer to the Organization Department of the State address here.

Request for Search / Obtain Documents

1. HOW TO SUBMIT APPLICATION FOR SEARCH / OBTAIN DOCUMENTS
 

Search application information may be submitted in the following manner :

  (a)

1 copy of Form 27 - Application to  Search / Obtain document. Relevant forms can be downloaded here or is available FREE at Headquarters, The Registrar of Societies Malaysia and the Department of State Societies Registration; and

  (b)

Fees in cash / bank draft / money order by type of application as follows:

    Type of Application Fi
   

Any application for a certified copy of any document given to a body by the Registrar.

RM10.00 for every sheets
    For making certified copies of any documents filed under the Act. RM2.00 for every pages
    In order to examine the documents of a society that is in the possession of the Registrar or Assistant Registrar. RM10.00
    Any request for information regarding the name and / or address of a body. RM2.00
  (c)

However, no such fee will apply if the information about a body is required for a purpose authorized by any department of the Federal Government or State,statutory authority or other Federal or State agency, or local authorities, as approved by the Registrar.

   
3. WHERE TO SUBMIT APPLICATION INFORMATION SEARCH / OBTAIN DOCUMENTS
 

Application for registration of a public officer shall be submitted to the Head Office, the Registrar of Societies Registrar of Societies Malaysia or the State in which the organization is registered. Refer to address the Registrar of Societies and the Registrar of Societies Malaysia State here

 

Amendments of the Constitution Law

1. INTRODUCTION
  1.1

Under Section 11 of the Societies Act 1966, a society registered under the Societies Act 1966 can only amend the law himself and perform any amendments after approval from the Registrar of Societies. Law amendments include changing the name of organization, address and place of business of some amendment / review the entire law registered.

  1.2

Registered organization shall not amend  laws with impunity without the prior consent of the members in accordance with regulations prescribed by the law of the body.

   
2. LAWS AND REGULATIONS IN FORCE
  (a) Act 1966;
  (b) Organisation Regulations 1984.
   
3. THE MEANING OF LAW AMENDMENT
 

A registered organization can amend the law itself in the following circumstances:

  (a)

Change of name of the organization / branch organizations (provided that this change does not alter the pattern and type of establishment from its original form).

  (b)

Change of place of business address or postal address of organization / branch of.

  (c)

Amendments to any provision or part or all of the provisions of the constitution, but on condition that the amendment does not change the pattern and type of establishment from its original form.

  (d)

Registration of a new law to replace the body of law that has been registered.

  (e)

Permission to use the flag, symbol, emblem, badge or other sign of organization under Section 50 of the Societies Act 1966.

   
4. TERMS AND CONDITIONS OF LAW AMENDMENTS BODY
  4.1

Each body of law amendments as set out in paragraph 3 shall be approved in accordance with the provisions of the amended law on the body of law organizations.

  4.2

Every law amendment application shall be submitted to the body of Assistant Registrar of State (Independent State) within 60 days from the date of the decision to amend the law body.

   
5. AMENDMENT APPLICATION OF LAW BODY
  5.1 Every application shall contain the following:
    (a)

4 copies of the application Form 10 - Application to Change Name / Address / Amend Laws/Symbols/Flag/Badges and Other Signs of the Parent Association or 2 copies of Form 10A- Changing Application Name / Address of Branch Societies. Form 10 can be downloaded here. The forms are available for FREE at the Headquarters, Department of the Registrar of Societies Malaysia and the State of Registry of Societies;

    (b)

2 copies of the approved minutes of the amended law on body;

    (c)

5 copies of the amendment paper containing proposed amendments to the law body or 6 copies of the laws of a new body (if the body of law to be amended in its entirety);

    (d)

A processing fee of RM10.00 in cash / bank draft / money order in the name of Registrar if the application is sent to the Head Office of the Registrar of Societies Malaysia or Assistant Registrar of the application submitted to the State Registrar of Societies.

    (e)

7 copies example flag, symbol, emblem, badge or other colored marks along with a complete description of the design and the meaning of each sign and / or color (if applicable).

  5.2

Every copy of the document in (a), (b), (c) and (e) above, shall be signed by the two main bearer of the association. For application of the change of name / address of the branch of association, application signed by the two main bearer of the Parent Association. Principal office bearer means President / President / Chairman, Vice President / Vice President / Vice Chairman, Vice President / Vice President / Vice President, Secretary and Treasurer.

   
6. WHERE TO SUBMIT APPLICATION
 

Application to get permission for amendment of the body to be sent to the Registrar of Societies in the State where the organization is registered. Refer the State of Registry of Societies address here.