LAWS OF MALAYSIA
REPRINT
Act 197
REGISTRATION OF BUSINESSES
ACT 1956
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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REGISTRATION OF BUSINESSES ACT 1956
First enacted... ... ... ... ... ... ...
... 1956 (Ordinance
No. 47 of 1956)
Revised ... ... ... ... ... ... ... ...
... 1978 (Act 197 w.e.f.
15 February 1978)
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2001
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LAWS OF MALAYSIA
Act 197
REGISTRATION OF BUSINESSES ACT 1956
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and application
2.
Interpretation
3.
Registrar, Deputy and Assistant Registrars of Businesses, inspectors,
etc.
PART II
REGISTRATION, RENEWAL AND TERMINATION
OF BUSINESS
4.
Application
5.
Registration
5A. Renewal of registration
5B. Changes in registered particulars
5C. Refusal to register or revocation of registration of, business
5D. Termination of business
5E. Removal of registered business from register
5F. Certificate of registration is conclusive evidence
6.
Effect of registration
7.
Rectification of register
8.
Effect of non-registration and right to enforce contracts
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PART III
MISCELLANEOUS
Section
9.
Inspection
10.
Power of Registrar to obtain further information
11.
Appeal
11A. Display of certificate of registration
12.
Offences
12A. General penalty
13.
Institution of prosecution
14.
Compounding of offences
15.
Officers and inspectors to be public servants
16.
Rule making power
Liability of partners, directors, etc.
17.
Government, Commission, etc., not liable to suit
18.
18A. Service of notice, etc.
Request for copy of certificate of registration, etc.,
19.
20.
Powers of the House of Representatives
21.
Exemption
(Deleted)
22.
22A. Electronic filing of documents
23.
Repeal
SCHEDULE
Registration of Businesses
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LAWS OF MALAYSIA
Act 197
REGISTRATION OF BUSINESSES ACT 1956
An Act to provide for the registration of businesses.
[Peninsular Malaysia--1 January 1957;
Federal Territory of Labuan--15 March 1996,
P.U. (A) 121/1996]
PART I
PRELIMINARY
Short title and application
1. (1) This Act may be cited as the Registration of Businesses Act
1956.
(2) This Act shall apply to Peninsular Malaysia only.
Interpretation
In this Act, unless the context otherwise requires--
2.
"appointed date" has the same meaning assigned to that expression
in the Companies Commission of Malaysia Act 2001 [Act 614];
"associate of a business" includes--
(a) any person who is in law the owner or a joint owner or
part owner of any business;
(b) every person who is a partner in any business which is
the property of a partnership;
(c) when the business is the property of what in any system
of law prevailing in India is known as a Joint Hindu
Family, every member of such Joint Hindu Family having
an interest in such property other than a mere right to
maintenance; and
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ACT 197
(d) when the business is legally vested in, or is under the
control of any executor, administrator or trustee, every
such executor, administrator or trustee;
"business" includes every form of trade, commerce, craftsmanship,
calling, profession, or other activity carried on for the purposes of
gain, but does not include any office or employment or any charitable
undertaking or any occupation specified in the Schedule;
"certificate of registration" means a certificate issued in accordance
with section 5;
"Collector" means the Collector of Estate Duty appointed under
the *Estate Duty Enactment 1941 [F.M.S. 7 of 1941];
"Commission" means the Companies Commission of Malaysia
established by the Companies Commission of Malaysia Act 2001;
"inspector" means a person appointed in writing by the Registrar
to be an inspector for the purposes of this Act;
"Minister" means the Minister charged with the responsibility
for the registration of businesses;
"person responsible" includes every director, manager, partner,
officer, agent or servant at any time charged either solely or to a
substantial extent with the management of a business;
"register" means any register kept under or by virtue of this Act
or of any rules made thereunder;
"Registrar" means the Registrar of Businesses as designated in
section 3 and, subject to subsection 3(4), includes a Deputy Registrar
and Assistant Registrar;
"Peninsular Malaysia" has the meaning assigned thereto in section
3 of the Interpretation Acts 1948 and 1967 [Act 388] and includes
the Federal Territory.
Registrar, Deputy and Assistant Registrars of Businesses,
inspectors, etc.
3. (1) The Chief Executive Officer of the Commission shall be
the Registrar of Businesses.
*NOTE--The Estate Duty Enactment 1941 [F.M.S 7 of 1941] has since been repealed by the
Finance Act 1992 [Act 476].
Registration of Businesses
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(2) The Commission shall appoint on such terms and conditions
as it may determine from amongst persons in the employment of
the Commission such number of Deputy Registrars, Assistant
Registrars, inspectors and other officers as may be necessary for
the proper administration of this Act.
(3) The persons holding office as Deputy Registrars, Assistant
Registrars or inspectors and other officers in the office of the
Registrar of Businesses immediately before the appointed date and
who have opted to serve as employees of the Commission shall,
on the appointed date, be deemed to have been appointed Deputy
Registrars, Assistant Registrars, inspectors and other officers under
subsection (2).
(4) Subject to the general direction and control of the Registrar
and to such conditions or restrictions as may be imposed by the
Registrar, a Deputy Registrar or Assistant Registrar of Businesses
may exercise any function of the Registrar under this Act and
anything by this Act appointed or authorized or required to be
done or signed by the Registrar may be done or signed by any
Deputy Registrar or Assistant Registrar of Businesses and the act
or signature of a Deputy Registrar or Assistant Registrar shall be
as valid and effectual as if done or signed by the Registrar, except
that an Assistant Registrar shall not exercise the powers conferred
on the Registrar under section 14 unless authorized in writing by
the Registrar.
PART II
REGISTRATION, RENEWAL AND TERMINATION OF
BUSINESS
Application
This Act shall not apply to--
4.
(a) any business which is exclusively owned and carried on
by any company registered under the Companies Act
1965 [Act 125];
(b) any business owned or conducted by the Government or
by any public body incorporated by or constituted by or
under any written law;
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(c) any society registered or exempted under any written law
for the time being in force relating to the registration of
societies or co-operative societies;
(d) any business consisting solely of the exercise of any
profession which under the provisions of any written law
can be exercised only by those who possess certain
qualifications prescribed by such written law and whose
names are registered or otherwise recorded in manner
prescribed by any written law.
Registration
5. (1) The person responsible for a business shall, not later than
thirty days from the date of the commencement of the business,
apply to the Registrar for the registration of the business.
(2) An application under subsection (1) shall be made in the
prescribed form and shall state--
(a) the name of the business;
(b) the nature of the business;
(c) the date of the commencement of the business;
(d) the address of the place of business, and in the case of
a business having more than one place of business, the
addresses of the branches;
(e) in the case of a partnership, the particulars of the partnership
agreement, if any;
(f) in respect of the associates of the business, their full
names, positions held, and dates of entry into the business;
and
(g) such other information as the Registrar may require.
(3) Upon receipt of an application together with the information
required under subsection (1) and upon payment of the prescribed
fee, the Registrar shall register the business for a period which
shall not exceed five years and issue a certificate of registration
for the business in accordance with the other provisions of this Act
and the rules made under this Act.
(4) The Registrar shall, on payment of the prescribed fee, issue
a certificate of registration for each branch of the business so
registered.
Registration of Businesses
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(5) The certificate of registration issued for any branch shall be
valid for a period concurrent with the period of registration of the
principal business or for any remaining period of such registration.
(6) Unless renewed by the Registrar, the registration of a business
shall expire on the date stated in the certificate of registration or
upon the termination of the business.
(7) For the purpose of this section, rules made under this Act
may provide for the exemption from registration or for registration
in a special form or manner of any associate of a business who
has not attained such age as may be prescribed.
(8) The registration of a business under this Act shall not be
deemed to imply that the requirements of any law in relation to
such business or to persons carrying on such business or employed
in such business have been complied with.
Renewal of registration
5A. (1) An application for the renewal of the registration of a
business shall be made in the prescribed form and manner to the
Registrar within thirty days before the date of expiry of the registration
or the previous renewal.
(2) Subject to subsection (3), upon receipt of an application for
the renewal of the registration of a business and upon payment of
the prescribed fee, the Registrar shall renew the registration of the
business for a period which shall not exceed five years at each
renewal.
(3) For the purpose of renewing the registration of any business,
the Registrar may require additional information or documents and
the Registrar may refuse to renew the registration if the applicant
does not furnish the information or documents required.
(4) If the Registrar refuses to renew any registration under
subsection (3) the Registrar shall notify the applicant in writing
of the decision.
(5) The new expiry date shall be stated in the certificate of
registration.
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Changes in registered particulars
5B. (1) Whenever a change is made or occurs in any of the particulars
registered in respect of any associate of a business or of the
business, that associate or, in the case of the particulars of the
business, the person responsible for the business shall, within
thirty days after the change is made or occurs, submit to the
Registrar in the prescribed form the particulars of the change.
(2) Upon receipt of the particulars of the change and upon
payment of the prescribed fee, the Registrar shall make the necessary
amendments to the register.
(3) In the case of a change in--
(a) the general nature of a business; or
(b) the address of the principal place of the business or any
other place where the business is carried on,
the Registrar shall issue a new certificate of registration in respect
of such business, and cancel the existing certificate of registration.
Refusal to register or revocation of registration of, business
5C. (1) Notwithstanding anything to the contrary in this Act, the
Registrar shall refuse to register any business if the Registrar is
satisfied that the business is likely to be used for unlawful purposes
or any purpose prejudicial to or incompatible with the security of
the Federation, public order or morality.
(2) Where a business has been registered, the Registrar shall
revoke its registration if the Registrar is satisfied that the business
is being used for unlawful purposes or any purpose prejudicial to
or incompatible with the security of the Federation, public order
or morality.
Termination of business
5D. (1) Where a business registered under this Act has been
terminated, the person responsible for the business shall within
thirty days of the termination notify the Registrar in the prescribed
form of such termination.
Registration of Businesses
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(2) Where a business terminates upon the death of an associate
of the business and there is no surviving associate of the business
or person responsible for the business, the personal representative
or the next-of-kin of the deceased associate shall within four months
from the date of such death notify the Registrar in the prescribed
form of such termination.
(3) Upon receipt of the notice under subsection (1) or (2), the
Registrar shall revoke the registration and cancel the certificate of
registration.
Removal of registered business from register
5E. (1) Where the Registrar has reasonable cause to believe that
any business registered under this Act is not being carried on, the
Registrar may send to the person or persons registered as the
associate or associates of the business a notice notifying the
Registrar's intention to revoke the registration of the business and
the Registrar shall give such person or persons an opportunity to
make written representation on the intended revocation within
thirty days from the date of service of the notice.
(2) After the expiry of the period of thirty days provided for in
subsection (1), if the Registrar receives a reply from such person
or persons to the effect that such person or persons are not carrying
on such business, or the Registrar does not receive any reply to
the notice, the Registrar shall revoke the registration of the business
and cancel the certificate of registration.
(3) The Registrar shall publish in the Gazette such particulars
as the Registrar thinks fit of any person the registration of whose
business has been revoked under this section.
Certificate of registration is conclusive evidence
5F.  A certificate of registration having a registration number,
and carrying the applicant's name or business name, issued under
this Act by the Registrar shall be conclusive evidence that all the
requirements of this Act in respect of the registration and matters
precedent and incidental to such registration have been complied
with, and the business referred to in such certificate is duly registered
under this Act.
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Effect of registration
6. (1) Save as hereinafter expressly provided, when and so long
as any person is recorded in any register as an associate of a
business, it shall be evidence against him or any person claiming
through or under him that he was such an associate unless it is
proved that such person was not at any material time such an
associate and that he was recorded as such in such register through
a bona fide mistake, or without his knowledge and in fraud of him.
(2) On the death of any person who, at the time of death, was
recorded in a register as an associate of a business, the executors
or administrators of such person and any person accountable for
estate duty payable on the death of such person shall, for the
purpose of any written law relating to estate duty, be prevented
and estopped from denying that such deceased person was an
associate of such business or that any other particular registered
i n respect of such business is true, unless such executors,
administrators or person accountable shall first have obtained, in
proceedings instituted by way of petition in the High Court to
which the Collector is joined as a party, a declaration (which the
High Court is hereby empowered to make) declaring that such
registration was effected through a bona fide mistake, or without
the knowledge of such deceased person and in fraud of him, and
declaring the facts and circumstances regarding the association or
non-association of such deceased person with such business.
(3) The Collector may, for the purpose of computing or of
collecting estate duty, at his discretion, either accept any registered
particulars as being correct or seek to establish any fact inconsistent
with any such particulars:
Provided that the Collector shall not be permitted to establish
any fact contrary to any such declaration by the High Court as
aforesaid.
(4) A certificate of registration or a certified copy of any entry
in the register in respect of any business shall be prima facie
evidence of the truth of the facts stated therein; but, subject to the
provisions of this Act, the admission of such evidence shall not
prevent any party to a proceeding from proving, that some person
who is not registered as such is nevertheless an associate of a
business.
Registration of Businesses
13
Rectification of register
7.  Where it appears to the High Court or to a Sessions Court or
to a Magistrates' Court, as a result of evidence adduced before it,
that any particulars recorded in a register are incorrect, such court
may by order direct the Registrar to rectify the register in the
manner specified in such order and the Registrar, upon receipt of
such order, shall rectify the register accordingly:
Provided that where any such order is made by a Sessions Court
or a Magistrates' Court, the Registrar may appeal therefrom to the
High Court in accordance with the appropriate procedure laid
down by law for appeals from such courts to the High Court.
Effect of non-registration and right to enforce contracts
8. (1) So long as the prescribed particulars in respect of any
person who is or who claims to be an associate of any business
are not recorded in the register, no right of such person under or
arising out of any contract made or entered into by or on behalf
of such person in relation to such business shall be enforceable by
suit or other legal proceeding either in the name of such business
or in his individual name or otherwise:
Provided that--
(a) such person may apply to the High Court for relief against
the disability imposed by this section and such court, on
being satisfied that the default was accidental or due to
inadvertence or to fraud on such person or to some other
sufficient cause or that on other grounds it is just and
equitable to grant relief, may grant such relief, either
generally or in relation to any particular contract, as to
the court may seem just, on condition that the costs of
the application be paid by such person (unless the court
otherwise orders) and on such other conditions, if any,
as the court may impose; but such relief shall not be
granted except on such service and such publication of
notice of the application as the court may order, nor shall
relief be given in respect of any contract if any party to
the contract proves to the satisfaction of the court that,
if this Act had been complied with, such party would not
have entered into the contract;
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(b) if any suit or proceeding shall be commenced by any
other party against such person to enforce the rights of
such party in respect of any such contract, nothing in this
section contained shall preclude such person from enforcing
in that suit or proceeding, by way of counter-claim, set-
off or otherwise, such rights as he may have against that
party in respect of such contract.
(2) Nothing in this section shall prejudice the rights of any
other parties as against such person in respect of any contract.
(3) In any application made under proviso (a) to subsection (1)
the applicant may ask for rectification of the register and the court
may order accordingly.
PART III
MISCELLANEOUS
Inspection
9. (1) (Deleted by Act A1119).
(2) The Registrar or an inspector shall for the purposes of
ascertaining whether the provisions of this Act or of any rules
made thereunder are being complied with have power at all reasonable
times to enter into any premises at which he has reason to believe
any business is being carried on and there to make such examination
and enquiry as may be necessary for such purposes.
( 3 ) T h e Registrar or an inspector when exercising any
powers under this Act shall declare his office and shall produce
his authority in writing to any person affected by the exercise of
such powers.
(4) It shall not be an offence for any person to refuse to comply
with any request made by the Registrar or an inspector, or to resist
or obstruct the Registrar or an inspector in the performance of any
of his duties under this Act, if the Registrar or inspector fails to
declare his office and to produce his authority in writing.
Registration of Businesses
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Power of Registrar to obtain further information
10.  In order to obtain such information as the Registrar may
reasonably consider necessary for the purposes of carrying out the
provisions of this Act and the rules made thereunder regarding any
business the particulars of which are required to be registered
under Part II, the Registrar may require any person responsible in
respect of that business to answer any question in writing which
the Registrar may reasonably consider necessary to ask for the
purposes aforesaid or may summon such person to appear before
the Registrar or any inspector or any other public officer whom
the Registrar may designate to answer any such question orally
and the Registrar may further require such person to make such
further declaration or supply such further particulars as the Registrar
may reasonably require.
Appeal
11. (1) Any person who is aggrieved by any decision of the Registrar
under section 5, 5A, 5B, 5C, 5D or 5E may appeal to the Minister
in the prescribed manner within thirty days from the date the
decision is communicated to such person.
(2) The Minister's decision on an appeal under subsection (1)
shall be final.
Display of certificate of registration
11A.  The certificate of registration issued in respect of a business
registered under this Act shall be kept exhibited in a conspicuous
place at the principal place of business and the certificate issued
for each branch of the business shall be kept exhibited in a conspicuous
place at that branch.
Offences
12. (1) Any person who--
(a) being a person required to register his business under this
Act carries on that business without registering the business;
(b) continues to carry on any business after the period of
registration has expired;
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(c) without lawful excuse fails to comply with any summons
or requirement of the Registrar under section 10;
(d) makes any statement or furnishes any information to
the Registrar under the provisions of this Act or of rules
m a d e thereunder whether such statement is verbal
or in writing, which is false in any material particular
or by reason of the omission of any material particular
and which he either knows or has reason to believe is
false; or
(e) resists or obstructs the Registrar, any inspector or any
other officer of the Commission or any public officer in
the performance of his duties under this Act,
commits an offence and shall on conviction be liable to a fine not
exceeding *fifty thousand ringgit or to imprisonment for a term
not exceeding two years or to both.
(2) Any person who, being a person responsible, permits any
business to be carried on at any premises where a certificate or
r e g i s t r a t i o n ought to be displayed under the provisions of
section 11A without such certificate being so displayed, commits
an offence and shall on conviction be liable to a fine of **two
thousand ringgit or to imprisonment for a term not exceeding six
months or to both.
General penalty
12A.  Any person who is guilty of an offence under this Act or
any rules made under this Act for which no penalty is expressly
provided for shall on conviction be liable to a fine not exceeding
ten thousand ringgit or to imprisonment for a term not exceeding
one year or to both.
Institution for prosecution
13.  No prosecution for or in relation to any offence under this
Act shall be instituted except by or with the written consent of the
Public Prosecutor.
*NOTE--Previously one thousand ringgit and imprisonment not exceeding six months­see Act 4
of 1967.
**NOTE--Previously two hundred ringgit.
Registration of Businesses
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Compounding of offences
14. (1) The Registrar may compound any offence committed by
any person under this Act or any rules made under this Act by
making a written offer to the person to compound the offence upon
payment by that person of a sum of money not exceeding fifty per
centum of the amount of the maximum fine.
(2) An offer under subsection (1) may be made at any time after
the offence has been committed but before any prosecution for it
has been instituted.
(3) Where the amount specified in the offer is not paid within
the time specified in the offer, or within such extended period as
may be granted by the Registrar, prosecution for the offence may
be instituted at any time after that against the person to whom the
offer was made.
( 4 ) W h e r e an offence has been compounded under
subsection (1), no prosecution shall be instituted after that in
respect of the offence against the person to whom the offer to
compound was made.
Officers and inspectors to be public servants
15.  All officers and inspectors appointed under this Act shall be
deemed to be public servants within the meaning of the Penal
Code [Act 574].
Rule making power
16. (1) The Minister may from time to time make rules for carrying
out the purposes of this Act.
(2) Without prejudice to the generality of the powers conferred
by subsection (1) such rules may prescribe--
(a) the powers and duties of the Registrar;
(b) the particulars which must be registered and the form in
which such particulars are to be supplied for registration;
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ACT 197
(c) the requirements as to renewal, amendment or
supplementing from time to time of any particulars
prescribed for registration and the particulars to be supplied
on the winding up, dissolution or other termination of
business;
(d) the time at which or the period within which prescribed
particulars must be registered;
(e) the form of register to be kept and the places at which
such registers are to be kept;
(f) the conditions under which inspection of any register
may be had or copies or extracts may be taken of any
documents kept by the Registrar;
(g) the provision by the Registrar of certificates of registration
certifying the business has been duly registered and the
safe keeping, displaying, publication or production of
such certificates or of any information relevant thereto
in the premises occupied for the purpose of such business;
(h) the nature and form of any document necessary for the
purposes of this Act;
(i) restrictions as to the name which may be used and registered
in respect of any business;
(j) the fees to be charged in respect of anything done under
or by virtue of this Act except in so far as such fees are
prescribed in this Act;
(k) the businesses or classes of business which are to be
exempt from the payment of any fee or part of a fee; and
(l) generally for carrying into effect the purposes of this
Act.
Liability of partners, directors, etc.
17. (1) Whenever an offence against this Act or against any rule
thereunder is committed by a body corporate any director, manager,
secretary or other officer of the body corporate shall also be deemed
to be guilty of that offence unless he shall prove that such offence
was committed without his knowledge or consent and was not
attributable to any neglect on his part.
Registration of Businesses
19
(2) Whenever any agent or servant in the course of his employment
does or omits to do any act the doing of which or omission to do
which by his principal or employer would be an offence such agent
or servant shall be guilty of that offence.
(3) Any person who would have been guilty of an offence if
anything had been done or omitted by him personally shall be
guilty of such offence and liable to the same penalty if such thing
had been done or omitted to be done by his partner, agent or
servant in the course of the partnership business or in the course
of his employment, as the case may be, unless he proves to the
satisfaction of the court that the offence was committed without
his knowledge or consent and that he took all reasonable precautions
to prevent the doing or omission to do such thing.
(4) The provisions of this section shall be in addition to and not
in derogation from any other provisions of this Act.
Government, Commission, etc., not liable to suit
18. (1) Unless it is proved that the Registrar or any officer of the
Commission or any public officer has acted wilfully and maliciously,
neither the Registrar nor any such officer or public officer shall
be under any liability in respect of any error or inaccuracy in a
register or any erroneous information contained in any such register
or in respect of any error or inaccuracy (whether in the copying
or otherwise) in any certificate, certified extract, copy or other
document made or issued under this Act or any rules made thereunder
and, unless it be alleged that the defendant acted wilfully and
maliciously, no court shall entertain any suit or other proceedings
or damages in respect of any such matter.
(2) Notwithstanding anything to the contrary in any written law
the Government shall not be under any liability or be liable to be
sued in respect of any of the matters referred to in subsection (1).
Service of notice, etc.
18A.  Any notice, certificate or other document required to be
given or served under this Act or the rules made under this Act
shall be deemed to have been duly given or served if sent by
registered post to the registered principal place of business of the
person to whom it is addressed.
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Request for copy of certificate of registration, etc.
19. (1) The Registrar may on the request of any person, and upon
payment of such fees as may be prescribed, certify a copy of a
certificate of registration issued to any person or a copy of or an
extract from any document filed with the Registrar.
(2) Any copy or extract if duly certified under the hand of the
Registrar to be a true copy or extract under subsection (1) shall
be admissible as prima facie evidence in any proceedings without
proof being given that the certificate was signed by the Registrar.
Powers of the House of Representatives
20.  The House of Representatives may by resolution add to, vary
or revoke wholly or in part any of the provisions of the Schedule.
Exemption
21.  The Minister may by order exempt any person or class of
person from all or any of the provisions of this Act.
(Deleted by Act A1119).
22.
Electronic filing of documents
22A. (1) The Registrar may provide a service for the electronic
filing or lodging of documents required by this Act to be filed or
lodged with the Registrar.
(2) A person who intends to use the service provided under
subsection (1) shall become a subscriber to the service by paying
the prescribed fee and by complying with such terms and conditions
as may be determined by the Registrar.
(3) Only a subscriber to the service provided under subsection
(1) may electronically file or lodge documents with the Registrar.
(4) A document electronically filed or lodged under this section
shall be deemed to have satisfied the requirement for filing or
lodgement if the document is communicated or transmitted to the
Registrar in such manner as may be prescribed by rules or approved
by the Registrar.
Registration of Businesses
21
(5) The Registrar may, by order published in the Gazette, prescribe
the documents that may be electronically filed or lodged.
(6) A document that is required to be stamped, signed or sealed
shall, if it is to be electronically filed or lodged, be certified or
authenticated in such manner as may be prescribed by rules or
approved by the Registrar.
(7) A copy or an extract from any document electronically filed
or lodged with the Registrar under subsection (1) supplied or
issued by the Registrar and certified under the hand of the Registrar
to be a true copy of or extract from such document shall be
admissible in evidence in any proceedings as of equal validity as
the original document.
(8) Where a document is electronically filed or lodged with the
Registrar, the Registrar or the Registrar's authorized agents shall
not be liable for any loss or damage suffered by any person by
reason of any error or omission of whatever nature or however
arising appearing in any document obtained by any person under
the service referred to in subsection (1) if such error or omission
was made in good faith and in the ordinary course of the discharge
of the duties of the Registrar or of the Registrar's authorized
agents or occured or arose as a result of any defect or breakdown
in the service or in the equipment used for the provision of the
service.
Repeal
23.  The Registration and Licensing of Businesses Ordinance 1953
[Ord. 12 of 1953] is hereby repealed.
SCHEDULE
[Section 2]
1.  Any person who goes from place to place or to other persons' houses
carrying to sell or exposing for sale any food, drink, goods, wears or merchandise
of any kind whatsoever or selling or offering for sale or hire his skill in
handicraft or craftsmanship and any person who sells or exposes for sale by
retail only any food, drink, goods, wears or merchandise of any kind whatsoever,
except a person who carries on such an occupation in or from--
(a) any building or structure;
(b) a mechanically propelled vehicle having three or more wheels; or
(c) a stall required to be licensed under any written law.
22
Laws of Malaysia
ACT 197
2.  Any person who is (not being a person who otherwise carries on a business
within the meaning of this Act)--
(a) at a weekly or other similar fair on not more than two consecutive
days in any week; or
(b) at any Malay fair or fair of a similar type established, promoted or
aided by a co-operative society,
sells or exposes for sale by retail only any food, drink, goods, wears or merchandise
grown, prepared, manufactured or processed solely in the Federation.
3.  Any of the following persons, provided that they are actively and personally
engaged for their own account and for the purpose of gaining their own livelihood:
(1) fishermen and breeders of fish in fish ponds;
(2) woodcutters and charcoal burners;
(3) rearers of poultry and livestock;
(4) (i) cultivators of any of the following crops:
(a) rubber;
(b) rice (padi);
(c) coconut or oil palms;
(d) fruit, flowers or vegetables;
(ii) persons engaged in any other agricultural, forestall or rural
occupation approved by the Registrar:
Provided that in the case of any person claiming exemption
from the provisions of this Act the area held, occupied or cultivated
does not in the aggregate exceed 25 acres and the number of
persons employed by the person claiming exemption from the
provisions of this Act does not exceed five at any time during the
period to which such claim for exemption relates.
4.  Any craftsman (not being a person exercising a profession as described in
paragraph 4(d) or a person who before exercising his craft for the purposes of
gain is required to register with or obtain a permit or licence from some
authority controlling the exercise of such craft) who--
(a) exercises his craft on his own domestic premises;
(b) does not display the products of his craftsmanship for sale in public;
and
(c) does not employ any person other than members of his own household
for the purpose of his craft.
Registration of Businesses
23
LAWS OF MALAYSIA
Act 197
REGISTRATION OF BUSINESSES ACT 1956
LIST OF AMENDMENTS
Amending law
Short title
In force from
L.N. 332 of 1958
Federal Constitution (Modification
13-11-1958
of Laws) (Ordinances and
Proclamations) Order 1958
Act 125
Companies Act 1965
15-04-1966
Act 4 of 1967
Finance Act 1967
01-01-1967
Act 76 of 1967
Registration of Businesses
01-01-1968
(Amendment) Act 1967
Act 160
Malaysian Currency (Ringgit)
29-08-1975
Act 1975
P.U. (A) 121/1996
Federal Territory of Labuan
15-03-1996
(Extension and Modification of
Registration of Businesses Act)
Order 1996
Act A1119
Registration of Businesses
16-04-2002
(Amendment) Act 2001
P.U. (A) 117/2003
Revision of Laws (Rectification
25-04-2003
of Registration of Businesses
Act 1956) Order 2003
24
Laws of Malaysia
ACT 197
LAWS OF MALAYSIA
Act 197
REGISTRATION OF BUSINESSES ACT 1956
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
L.N 332/1958
13-11-1958
Act 76/1967
01-01-1968
Act A1119
16-04-2002
3
L.N 332/1958
13-11-1958
Act 76/1967
01-01-1968
Act A1119
16-04-2002
Part II
Act A1119
16-04-2002
4
Act A125
15-04-1966
Act 160
29-08-1975
Act 1119
16-04-2002
5
Act 4/1967
01-01-1967
Act 76/1967
01-01-1968
Act A1119
16-04-2002
5A
Act A1119
16-04-2002
5B
Act A1119
16-04-2002
Act A1119
16-04-2002
5C
5D
Act A1119
16-04-2002
5E
Act A1119
16-04-2002
Act A1119
16-04-2002
5F
6
Act 76/1967
01-01-1968
9
Act A1119
16-04-2002
10
Act A1119
16-04-2002
11
Act A1119
16-04-2002
11A
Act A1119
16-04-2002
Registration of Businesses
25
Section
Amending authority
In force from
12
Act
4/1967
01-01-1967
Act
76/1967
01-01-1968
Act
160
29-08-1975
Act
A1119
16-04-2002
12A
Act 76/1967
01-01-1968
Act A1119
16-04-2002
13
L.N 332/1958
13-11-1958
Act 76/1967
01-01-1968
Act A1119
16-04-2002
14
L.N. 332/1958
13-11-1958
Act 76/1967
01-01-1968
Act A1119
16-04-2002
18
L.N 332/1958
13-11-1958
Act A1119
16-04-2002
18A
Act A1119
16-04-2002
19
L.N 332/1958
13-11-1958
Act A1119
16-04-2002
20
L.N 332/1958
13-11-1958
21
L.N 332/1958
13-11-1958
22
Act A1119
16-04-2002
22A
Act A1119
16-04-2002
Schedule
Act 4/1967
01-01-1967
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA