The Beneficial Ownership Declaration is a mandatory compliance requirement under Malaysian law, introduced through the Companies Act 2016 and reinforced by subsequent regulations and guidelines from the Companies Commission of Malaysia (SSM). This declaration must be filed by all companies registered in Malaysia to promote transparency and combat financial crimes such as money laundering and tax evasion. The document must include detailed information about individuals who ultimately own or control 20% or more of the company's shares or voting rights, whether directly or indirectly. Regular updates are required when changes occur in beneficial ownership, and the information must be maintained in the company's register. Failure to comply with these requirements can result in significant penalties under Malaysian law.
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1. Declaration Details: Information about the declaring entity including company name, registration number, and registered address
2. Purpose of Declaration: Statement explaining the purpose and basis for making the beneficial ownership declaration
3. Definitions: Key terms used in the declaration, including the definition of 'beneficial owner' as per Malaysian law
4. Beneficial Owner Information: Detailed information about each beneficial owner including full name, nationality, residential address, identification/passport number, and nature of interest
5. Nature and Extent of Interest: Description of how the beneficial interest is held (direct/indirect shareholding, voting rights, control) and the percentage of ownership
6. Declaration of Truth: Formal statement confirming the accuracy of the information provided
7. Execution: Signature section for authorized representative making the declaration
1. Intermediate Entities: Details of any intermediate entities through which indirect beneficial ownership is held - required when ownership structure involves multiple layers
2. Change in Beneficial Ownership: Section detailing any recent changes in beneficial ownership - required when declaration is updating previous information
3. Foreign Ownership Details: Additional details required for foreign beneficial owners, including jurisdiction of residence and tax information
4. Trust Structure Details: Required when beneficial ownership is held through trust arrangements, including details of trustees and beneficiaries
1. Schedule 1 - Ownership Structure Chart: Visual representation of the ownership structure showing relationships between entities and beneficial owners
2. Schedule 2 - Supporting Documents: List of documents provided as evidence of beneficial ownership (e.g., share certificates, trust deeds)
3. Schedule 3 - Previous Declarations: Reference to any previous beneficial ownership declarations made by the entity
4. Appendix A - Identification Documents: Copies of identification documents of beneficial owners (passport copies, national ID)
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