In support of the Government's initiatives to ease the economic pressures faced by the corporate community arising from the Covid pandemic, the Companies Commission of Malaysia (“SSM”) had on 7 April 2020 (Revised 21 January 2021) issued Practice Directive No. 6/2020 to clarify the special procedures for companies to apply for an extension of time to hold an AGM or to submit a financial statement and reports. 

SSM has invoked the following in the Practice Directive No 6/2020:

a) To grant an extension of time for companies affected by the MCO to hold an AGM for a period of 90 days in accordance with the powers under section 340(4) of CA 2016;

b) To grant extension of time to companies having financial year ending AFTER 31 August 2019 to 31 July 2020 to lodge financial statements and reports for a period of 90 days in accordance with the powers under section 259(2) of CA 2016;

ba) To grant extension of time to companies having financial year ending AFTER 31 August 2019 to 31 July 2020 to circulate its financial statements and reports for a period of 90 days in accordance with the powers under PN 3/2018; and

c) To waive the application fee of RM100 for each application respectively in accordance with the powers under Regulation 8(4) of CR 2017.

Notwithstanding the ‘blanket approval’ for extension of time mentioned above, the following procedures must be observed:

a) affected companies are still required to lodge an application to Registrar by completing the information in Appendix C as shown in the Practice Directive link below; and

b) the application must be addressed to eot2021@ssm.com.my.

SSM will grant an extension of time as follows:

a) for lodgement of financial statements and reports, the 90 days period will be effective from the date the financial statements and reports were supposed to be lodged with the Registrar;

ab) for circulation of financial statements and reports, the 90 days period will be effective from the date the financial statements and reports were supposed to be circulated;

b) for holding of AGM, the 90 days period will be effective from the date the AGM was supposed to be held.

Notwithstanding the paragraph above, if the last day of the period of time that the financial statements and reports were supposed to be lodged with the Registrar or the approved extended period of time by the Registrar for the lodgement of financial statements ends after 31 December 2020 to 31 March 2021, the company can lodge its financial statements and reports with the Registrar without any late lodgement fees provided it is lodged during the period from 27 January 2021 to 31 March 2021.

The company is deemed to have complied with the required time frame under Sections 258 and 340 of the Companies Act 2016 if the company lodges the financial statements and reports to the Registrar during the period from 27 January 2021 to 31 March 2021.

ONLY companies having financial year ending AFTER 31 March 2020 to 31 July 2020 can submit their applications to the Registrar by 31 March 2021.

The Practice Directive No. 6/2020 can be accessed from the link below:

https://www.ssm.com.my/Pages/Legal_Framework/Document/PD%206.2020%204th%20revision%20(26.1.2021)_final.pdf