Akta Perkongsian Liabiliti Terhad 2012 (Akta 743) Dan Peraturan-Peraturan [Hingga 10hb Ogos 2020]
AKTA PERKONGSIAN LIABILITI TERHAD 2012 (AKTA 743)
Suatu Akta untuk mengadakan peruntukan bagi pendaftaran, pentadbiran dan pembubaran perkongsian liabiliti terhad dan untuk mengadakan peruntukan bagi perkara yang berkaitan.
An Act to provide for the registration, administration and dissolution of limited liability partnerships and to provide for related matters.
Detailed Contents Of Akta Perkongsian Liabiliti Terhad 2012 (Akta 743) :
Akta Perkongsian Liabiliti Terhad 2012 (Akta 743) is a Malaysian law that governs partnerships. It replaces the previous Partnership Act 1961 and introduces several changes to the law relating to partnerships.
Here are some key provisions of the Act:
Definition of partnership: A partnership is defined as the relation between persons who have agreed to carry on a business in common with a view to profit. This definition is similar to the one in the previous Partnership Act.
Formation of partnership: A partnership can be formed by two or more persons. The partnership agreement may be written or oral, and it can be express or implied from the conduct of the parties.
Types of partnership: The Act recognizes two types of partnerships: general partnerships and limited liability partnerships.
General partnership: In a general partnership, all partners are jointly and severally liable for the debts and obligations of the partnership. This means that each partner is individually responsible for the entire debt of the partnership, not just their share of it.
Limited liability partnership: A limited liability partnership (LLP) is a new form of partnership introduced by the Act. In an LLP, the liability of each partner is limited to the amount of capital they have contributed to the partnership. This means that the personal assets of the partners cannot be used to pay off the debts of the partnership.
Registration of LLP: An LLP must be registered with the Registrar of LLPs. The registration process involves filing the necessary documents and paying the required fees.
Management of partnership: The Act provides for the management of partnerships. Partners are entitled to participate in the management of the partnership, but they must act in good faith and in the best interests of the partnership.
Sharing of profits and losses: The Act provides for the sharing of profits and losses among partners. Unless otherwise agreed, profits and losses are shared equally among partners.
Dissolution of partnership: The Act provides for the dissolution of partnerships. Partnerships can be dissolved by mutual agreement, by order of the court, or by operation of law.
Winding up of partnership: The Act provides for the winding up of partnerships. The assets of the partnership are used to pay off its debts, and any remaining assets are distributed among the partners in accordance with their respective shares.
Overall, the Akta Perkongsian Liabiliti Terhad 2012 provides a modern framework for partnerships in Malaysia, giving partners more flexibility and protection. The introduction of the LLP is particularly significant, as it allows for partnerships to operate with limited liability, similar to a company.
Akta Perkongsian Liabiliti Terhad 2012 (Akta 743) Contains:
Peraturan-Peraturan Perkongsian Liabiliti Terhad 2012
Limited Liability Partnerships Regulations 2012
Peraturan-Peraturan Perkongsian Liabiliti Terhad (Penepian Fi) 2020
Limited Liability Partnerships (Waiver of Fee) Regulations 2020
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