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SSM’s Practice Note 1/2008
COMPANIES ACT 1965: SSM’S PRACTICE NOTE NO 1/2008
RE: REQUIREMENTS RELATING TO THE LODGEMENT OF ANNUAL RETURN OF COMPANIES
1. This Practice Note serves to inform the requirements under section 165 of the Companies Act 1965 (CA 1965) relating to the lodgement of annual returns with the Registrar of Companies.
Lodgement of Annual Returns
2. Section 165 of the CA 1965 requires all companies to lodge annual return within one (1) month after the annual general meeting (AGM). The annual return of a company shall be in accordance with the Eighth Schedule to the CA 1965 and be accompanied by such copies of documents as are required or such certificates or other particulars as prescribed in Part II of that Schedule.
3. Part II of the Eighth Schedule requires the following attachment:
(i) a copy of the last audited accounts comprising the balance sheet and profits and loss accounts (including 1
SSM’s Practice Note 1/2008
every document required to be attached thereto); and
(ii) a copy of the auditor’s report.
4. Part II of the Eight Schedule also stated that in the case of an exempt private company that is solvent, the attachment of the audited accounts may be substituted by a certificate signed by a director, a company secretary and auditor stating that:
(a) the company is an exempt private company;
(b) an audited accounts in compliance with the provisions of the CA 1965 has been tabled in the company’s AGM; and
© the company is able to meet it liabilities as and when they fall due as at the date of the audited profit and loss account.
5. The audited accounts must be certified by a director or a manager or a company secretary to be a true copy of such documents. The audited accounts or the certificate relating to exempt private company, as the case may be, must either be in ‘Bahasa Malaysia’ or English and if they are in any other languages, the translation in ‘Bahasa Malaysia’ or English must be provided.
6. Therefore, any lodgement of annual returns without the inclusion of an audited accounts or a duly signed certificate relating to exempt private company constitute an incomplete submission and will not be accepted by the Registrar.
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SSM’s Practice Note 1/2008
7. The practice adopted by some companies which lodge annual returns without attaching the audited accounts is not in accordance with the requirements of the CA 1965 as well as the principles of good corporate governance. The statement/explanation that such documents is not ready and to be laid at an adjourned AGM does not justify the lodgement of annual return without the audited accounts.
8. As the laying of the audited accounts is one of the ordinary businesses of an AGM, the AGM should only be called when the audited accounts are ready and sent to all members at least 14 days before the meeting or less if agreed to by all members as required under section 170 of the CA 1965. Therefore, the question of adjourning an AGM to a later date to lay the audited accounts only when they are ready does not arise.
Effective Date
9. Henceforth, annual returns with respect to AGMs held in the calendar year 2008 and thereafter would only be accepted for lodgement by the Registrar if they are accompanied with a copy of the relevant audited accounts or, where applicable, a duly signed certificate relating to exempt private company.
10. This Practice Note serves to reiterate SSM’s stance for annual returns to be lodged together with audited accounts.
REGISTRAR OF COMPANIES
COMPANIES COMMISSION OF MALAYSIA
13 June 2008
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Added on October 5, 2012, 9:47 pmSSM's Practice Note No. 1/2008 clearly states that Annual Returns  together Audited Accounts has to be lodged even for EXEMPT PRIVATE COMPANIES with Registrar of Companies.

3 more scam companies!
Well, pro Genneva got their gang for rally...  
And the shit just hit the fan!

If Genevva use all the money to  hire the best teams of lawyers they can easily outguns the Govt local U lawyers

If BNM lawyars ask how can 1 cover close 10 lobang?
Genevva lawyers can reply it can be done but cannot reveals bcos is business secret
formula that why business keeps expanding and customers very happy and satisfied with  investments

Got money giv lawyers can cleans all crimes - conmans with strong politicians connections can live like kings
Launching Genevva III in 2013 early birds get special discounts

  which ciku kindergarten this agent came from? 

Possibily. But here in Malaysia it is very rare to see a company sue government. Normally it's the government that "whack" the companies.
Nice theory man, Money Laundring at it's basic. 

Now I wonder could this be the primary reason that why both RMP & CAD sync the raid at the same day.

E.g: To hammer down a suspected big international money laundring operations....

I have always wondered about ASB. 8% year after year, in good times and bad times. Redemption s are always less than subscription year after year for the fund. Also dividends are paid in units rather than cash. So there is never a cash flow problem. There is no mutual fund in the world that can more or less guarantee a ROI of 8% pa even when markets crash. This is the best investment in the world quite the same returns as Bernard Madoff's return of 10% average on his funds.

Unfreeze Genneva gold buyers' assets, BNM urged

M Krishnamoorthy
6:02PM Oct 10, 2012

Umno Youth wants Bank Negara Malaysia (BNM) to liquidate and unfreeze all assets of Genneva gold buyers because more than 10,000 innocent customers of
the gold company have appealed to its complaints bureau.

"Enough is enough and gold buyers and investors should not be made to suffer because of the central bank's high-handed action," the wing's complaints bureau head Khairun Aseh (left) said today.

He added: "Why punish and victimise bona fide buyers of gold when it was the old directors of Genneva who were guilty of the offence more than two years ago.

"It's not fair to punish the current investors. The past seven days for the investors who have not got their hibah and commissions has been like 70 years.

"Some of the parents had to recall their children from education overseas because they will not have the money to continue financing their education. Some could not go for serious medical operations, dialysis and feed the family without their regular income through the hibah."

For this reason, Khairun said, he wanted Bank Negara to act swiftly to unfreeze the assets and bank accounts for the company to continue its operations while investigations were in progress.

Umno Youth, he told a press conference at the bureau in Solaris Dutamas this afternoon, would write a letter to Bank Negara today to ask it to act immediately.

About 2,000 people from the Genneva Malaysia Supporters group were gathered in and around the complaints bureau office.

Khairun said he would also seek an appointment to discuss the matter with Bank Negara officers so that thousands of Malaysian families would not suffer any further.

Why didn't bank regulate gold industry?

Bank Negara's raid on Genneva and other gold companies is not seen as a fair and justified as the people have put their life savings into gold investment.

"Why didn't Bank Negara regulate the gold trading industry? This is not something new. The bank has been raiding without regulating the gold trading industry.

"The gold buyers are not accomplices and should not be made victims because the gold business is not regulated."

Khairun added that Bank Negara has been advising the people not to invest in gold. However, with gold being one of the best forms of investment, Bank Negara should explain why the people should not invest it in.

Genneva's Syariah compliant gold was officially launched by former prime minister Dr Mahathir Mohamad, on Dec 15, 2010.

Prime Minister Najib Adbul Razak's wife Rosmah Mansor, members of the Malay royalty and other prominent personalities have graced Genneva's dinners and official events.

Bank Negara raided Genneva on Oct 1 and followed up with raids on other gold selling companies.

Some of Genneva's gold investors have been investing in the company since it opened for business at the end of 2010.

According to Genneva's customers, Bank Negara raided the company because a top-ranking bumiputera officer in Genneva demanded more in salary and allowances early this year and it was not approved.

Frustrated, he resigned and got Islamic NGOs and the Fatwa Council to campaign against Genneva and lodged complaints with Bank Negara. The complainant also attempted to file a caveat on Genneva, but it was struck out by the High Court, the customers said.

Khairun described Genneva's business model as "truly revolutionary, innovative and true to its spirit".

It has since grown into one of the leading gold bullion traders in Asia with businesses in Singapore, the Philippines, Hong Kong and in China, where Genneva has a 30-year operating licence in Beijing.

http://www.malaysiakini.com/news/211325