The Companies Commission of Malaysia ('CCM') issued a Practice Directive No. 8/2021 ('PD8/2021') dated 1 June 2021 titled 'Extension Of Time For Circulation Of Financial Statements And Reports, Holding Of Annual General Meeting And Lodgement Of Financial Statements For Companies Affected By The Implementation Of Movement Control Order'.1

Extension of Time

PD8/2021 extends the deadline for a company to hold its annual general meeting ('AGM') and to circulate and lodge its financial statements and related reports (collectively 'FS') as follows:

  1. for circulation of FS, an extension of 90 days from the date the FS was supposed to be circulated;
  2. for holding of AGM, an extension of 90 days from the date the AGM was supposed to be held; and
  3. for lodgement of FS, an extension of 90 days from the date the FS was supposed to be lodged with the Registrar.

Eligible Companies

Only companies having financial year end after 31 October 2020 to 31 January 2021 are eligible for extension of time under PD8/2021.

Procedure for Application

The extension is not automatic. A company seeking an extension must submit an application in the form provided in Appendix A of PD8/2021 by email to eotmco3@ssm.com.my, from 1 June 2021 to 31 July 2021. The application fee of RM100 will be waived.

Comment

The extension of time granted by the CCM under PD8/2021 for circulating the FS, holding an AGM and lodging the FS will be welcomed by companies which have encountered difficulties in complying with the timeframes set out in the Companies Act 2016 due to the implementation of the movement control order which is currently in place in Malaysia.

Footnote

1. With the issuance of the new PD8/2021, the Practice Directive 6/2020 on the Extension of Time for Annual General Meeting and Lodgement of Financial Statement (Revised 27 January 2021) has been revoked with effect from 1 June 2021.

Originally published 02 June 2021

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