New Provision Under The Malaysian Anti-Corruption Commission (MACC) Act 2009
“Companies, not just people, to be prosecuted for graft from June 1”
The Prime Minister’s Office (PMO) has announced that a new provision under the Malaysian Anti-Corruption Commission Act 2009 enabling the prosecution of companies involved in graft will be enforced beginning June 1.
Prior to this, the MACC Act focused only on prosecuting individuals involved in corruption.
In a statement today, the PMO said the government was committed to combating corruption, improving integrity and implementing good governance. It said this would be prioritised whether in the government, private sector or even civil society organisations.
“The gazetting of the provision under Section 17A of the MACC Act on May 4, 2018, established the implementation of the corporate liability principle involving commercial organisations.”
This means that commercial organisations would be committing an offence if any of its employees or those associated with it was involved in corruption for the benefit of the organisation.
“After considering the current situation and the views of all parties, the government has decided that the implementation of this corporate liability law will continue to be enforced from Jun 1, 2020.”
This, the PMO said, was to encourage commercial organisations to take appropriate measures to ensure that their businesses are not involved in corruption.
It was previously reported that the anti-graft agency was studying a proposal to suspend the implementation of Section 17A of the MACC Act due to demands from companies which were not prepared with appropriate anti-corruption plans and which were suffering from a dip in business due to Covid-19.
MACC chief commissioner Azam Baki said the companies had asked for a one-year delay in the implementation of Section 17A.
Source : FMT Reporters –
COVID-19 SPECIAL RELIEF FACILITY (“SRF”)
List of Malaysian Banks Providing COVID-19 SPECIAL RELIEF FACILITY (“SRF”)
Established in 1960, Maybank is the largest financial services group in Malaysia with an established presence in the ASEAN region. Maybank provide a full suite of conventional and Shariah-compliant products and services in commercial banking, investment banking and insurance. Today Maybank is Malaysia’s largest bank by market capitalisation and total assets and one of the largest banks in Southeast Asia.
CIMB GROUP HOLDINGS BERHAD
CIMB Group is a leading ASEAN universal bank and one of the region’s foremost corporate advisors. It is also a world leader in Islamic finance. The Group is headquartered in Kuala Lumpur, Malaysia, and offers consumer banking, commercial banking, investment banking, Islamic banking and asset management products and services. It is the fifth largest banking group by assets in ASEAN and, as at the end of December 2019, had around 35,000 staff and over 15 million customers.
AFFIN BANK GROUP
The AFFIN Bank Group is a financial services conglomerate. The AFFIN Bank Group’s activities focus on commercial, Islamic and investment banking services, money broking, asset management and underwriting of life and general insurance business. Affin Bank Berhad (AFFINBANK) provides a suite of financial products and services that is catered to both retail and corporate customers. The target business segments are categorized under key business units such as Consumer Banking, SME & Commercial Business Banking, Corporate Banking and Treasury.
ALLIANCE BANK MALAYSIA BERHAD
Alliance Bank Malaysia Berhad is a dynamic, integrated banking group offering end-to-end financing solutions through its consumer banking, SME banking, wholesale banking, Islamic banking, investment banking and stock broking businesses, having served the financial community over the past five decades. The banking group is involved in the provision of financial services through its principal subsidiaries, Alliance Bank Malaysia Berhad, Alliance Investment Bank Berhad, and Alliance Islamic Bank Berhad. It provides easy access to its broad base of customers throughout the country via multi-pronged delivery channels which include retail branches, Alliance Personal branches, Privilege Banking Centres, Islamic Banking Centres, Business Centres, Investment Bank branches, and direct marketing offices located nationwide.
AmBank Group is a leading Malaysian financial services group with over 43 years of rich expertise in supporting Malaysians in their economic development. It has approximately three million customers and more than 10,000 employees. The Group was listed on the Main Market of Bursa Malaysia in 1988. It is the sixth largest banking group by assets in Malaysia, with a market capitalisation of around RM11.6 billion and assets of RM137.9 billion as at 31 March 2018. AmBank Group offers a wide range of both conventional and Islamic financial solutions and services, including wholesale banking, retail banking, investment banking, underwriting of general insurance, life assurance and takaful, stock and share broking, futures broking, investment advisory and management services in assets, real estate investment trust and unit trusts.
PUBLIC BANK GROUP
Conceptualized as “a bank for the public” by its Founder, Chairman Emeritus, Director and Adviser, Tan Sri Dato’ Sri Dr. Teh Hong Piow, Public Bank opened its door to offer banking services in 1966 and since grown into a premier banking group in Malaysia. As one of the largest banking players in South East Asia, the Public Bank Group serves about ten million customers across the region with a staff strength of over 18,500 employees.
HONG LEONG BANK BERHAD
Hong Leong Bank Berhad is a regional financial services company based in Malaysia, with presence in Singapore, Hong Kong, Vietnam, Cambodia and China. The Bank is technology-focused and emphasises the development of financial capabilities to serve its clients across the five geographies. Hong Leong Bank Berhad (“HLB” or “the Bank”) is listed on Bursa Malaysia and forms part of the Hong Leong Group. Headquartered in Kuala Lumpur, the Bank has a strong Malaysian entrepreneurship heritage.
United Overseas Bank (Malaysia) Bhd (UOB Malaysia) was incorporated in 1993 but has had a presence in Malaysia since 1951. UOB Malaysia is rated among the top banks in Malaysia with a long-term ‘AAA’ rating from Ratings Agency Malaysia. Guided by its rich heritage and values, UOB Malaysia have built lasting relationships with its customers and continue to ensure it act in their best interest by delivering solutions that meet their financial goals and suit their lifestyles and preferences. Today, UOB Malaysia has 45 branches across the country and has the largest branch network of any foreign bank operating in Malaysia.
RHB BANK BERHAD
The RHB Banking Group, with RHB Bank Berhad as the holding company, is the fourth largest fully integrated financial services group in Malaysia. The Group’s core businesses are structured into seven main business pillars, namely Group Retail Banking, Group Business & Transaction Banking, Group Wholesale Banking, RHB Singapore, Group Shariah Business, Group International Business and Group Insurance.
BANK SIMPANAN NASIONAL
When BSN was officially established on 1st December 1974, the Bank Simpanan Nasional Act, 1974, enabled the transfer of the management power from the Postal Services Department to the bank’s Board of Directors. With that, BSN was officially launched on 5th December by YAB Tun Haji Abdul Razak Bin Hussein, the Second Prime Minister of Malaysia.
Link to: BSN Covid-19 Special Relief Facility
The Association of Islamic Banking and Financial Institutions Malaysia (AIBIM) and 19 of its members so far have offered financial help to businesses and individuals who are affected by the Covid-19 outbreak. These range broadly from loan restructuring and rescheduling, to deferents on payments of instalments, to special financing. Below is a list of the banks, what assistance they are offering and how you can get in touch.
|No||Financial Institutions||News Released Date||Remarks|
|1||Association of Islamic Banking and Financial Institutions Malaysia (AIBIM)||6 February 2020||AIBIM represents its 26 Member Banks encourage customer to connect with their respective banks to seek advice regarding to banking issues that have arisen as a result of the outbreak.
Contact number : 03-20268002/8003
|2||Affin Islamic Bank Berhad||19 February 2020||The bank offers temporary relief on financial commitments to customers affected by the Covid-19 outbreak. Applicable to all financing facilities for individuals as well as business customers.
Contact number : 03-82302222
|3||Bank Pertanian Malaysia Berhad (Agrobank)||19 March 2020||The bank offers the relief measures which include restructuring and rescheduling of financing, as well as moratorium on financing repayments for up to six months for the customer who are affected by the Covid-19.
Contact number : 1-300-88-2476
|4||Alliance Islamic Bank Berhad||13 February 2020||The bank is extends assistance to the affected customers by deferment of financing servicing, and financing restructuring and rescheduling for up to six months, as well as waiver of late charges for financing.
Contact number : 03-55169988
|5||AmBank Islamic Berhad||10 February 2020||The bank offers temporary deferment or restructuring of instalment repayments for its individual and SME customers to ease the burden of its customers affected by the outbreak.
Contact number : 03-21788888
|6||Bank Islam Malaysia
|11 February 2020||The bank offers up to six (6) months temporary moratorium for the monthly instalment payments of financing for affected individual or business customers.
Contact Number : 03-26900900
|7||Bank Muamalat Malaysia Berhad||10 February 2020||The bank offers a temporary moratorium up to six (6) months for monthly instalment payments for affected customers and staff, and applicable to all financing facilities for individuals and businesses.
Contact number : 1-300-88-8787
|8||Bank Kerjasama Rakyat Malaysia Berhad (Bank Rakyat)||10 February 2020||The bank offers up to six (6) months temporary moratorium for monthly instalment payments of financing or affected individuals or business customers. The bank advised affected customers to contact the bank to address their financial problems as a result of the coronavirus.
Contact number : 1-300-80-5454
|9||Bank Pembangunan Malaysia Berhad||10 February 2020||The bank will provide assistance and support those affected, taking into consideration the specific circumstances its clients are facing.
Contact number : 03-26113888
|10||Bank Simpanan Nasiona Berhadl||9 February 2020||The bank announced that their customers can apply for temporary deferment to pay their financing to ensure their business continuity.
Contact number : 1300-88-1900
|11||CIMB Islamic Bank Berhad||18 March 2020||The bank financial relief includes a moratorium on financing payment for up to six months for the impacted customer by the Covid-19 outbreak. This is in addition to the standard restructuring and rescheduling financing programmes offered to all affected individual and business customers.
Contact number : 03-62047788
|12||Hong Leong Islamic Bank Berhad||11 February 2020||The bank would assist the affected customers by considering the provision of temporary relief from payment for up to six (6) months of their monthly financing payments.
Contact number : 03-76268899
|13||HSBC Amanah Malaysia Berhad||18 March 2020||The Bank is extending a helping hand in the form of liquidity relief to individuals and businesses who are going through challenging time due to Covid-19. The bank’s affected customers may apply for payment moratoriums.
Contact number : 1300-88-2626
|14||Maybank Islamic Berhad||11 February 2020||The bank offering financial relief up to six (6) month to the affected customer. This is including restructuring and rescheduling of financing payment. The offering would be open to both its business and SME customers as well as individuals affected by the current situation and would be assessed on a case-to-case basis.
Contact number : 1300-88-6688
|15||MBSB Bank Berhad||19 March 2020||The bank offers financial relief to its retail, corporate and Small Medium Business (SME) clients affected by the COVID-19. For retail customers, the bank offers a six (6) month moratorium on instalment payment for financing and they may also opt to restructure or reschedule their financing. Meanwhile corporate and SME clients may apply for financing restructuring and rescheduling.
Contact number : 03-20963000
|16||Public Islamic Bank Berhad||19 March 2020||The bank offers moratorium of up to six months for the monthly instalment payments of financing for affected individual and business customers. The bank would also accommodate requests by the affected customers to restructure or reschedule their financing to assist in their cashflow situation during this difficult time.
Contact number : 1800-22-5555
|17||OCBC Al Amin Bank Berhad||13 February 2020||The bank offers assistance to businesses and individual customers who are financially affected by Corona Virus. Any business having an issue with repaying their financing, working capital or cash flow should engage with the officer in charge on the matter.
Contact number : 03-83149310
|18||RHB Islamic Bank Berhad||11 February 2020||The bank offers a moratorium of up to six months for monthly instalment payments of financing to the affected customers. The affected customers may also request to restructure or reschedule their financing arrangements. Each request will be reviewed on a case-by-case basis.
Contact number : 03-9206 8118
|19||Small Medium Enterprise Development Bank Malaysia Berhad (SME Bank)||16 March 2020||The bank offers temporary financial relief to the affected SME customers. The bank offers a special financing of up to RM1 million to small and medium enterprises (SMEs) affected by Covid-19 under the Special Relief Fund (SRF).
Contact number : 03-26037700
|20||Standard Chartered Saadiq Berhad||13 February 2020||The bank offers profit-only payment up to six months moratorium to their affected retail and Small and Medium Enterprise (SME) clients.
Contact number : 1300-88-8888
• AIBIM and 19 Members has made public statement on the measures/support offered to their impacted customers.
• Customers are urged to contact with their respective banks to check on the available support in relation to Coronavirus outbreak.
• The list is based on the statement published by the individual banks as per the news released date.
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CUKAI KEUNTUNGAN HARTANAH 2019 (CKHT) / REAL PROPERTY GAIN TAX 2019 (RPGT)
Cukai Keuntungan Dikenakan
|Pelupusan dalam masa 3 tahun||
|Pelupusan dalam masa 4 tahun||
|Pelupusan dalam masa 5 tahun||
|Pelupusan dalam masa 6 tahun dan selepasnya||
Cukai keuntungan harta ini hanya dikenakan kepada penjual/pemilik hartanah yang ingin melupuskan hartanah yang dimilikinya ke atas keuntungan bersih selepas pelupusan atau penjualan harta. Ertinya jika tiada untung ke atas penjualan tersebut tiada cukai yang dikenakan. Tarikh-tarikh yang relevan adalah tarikh hartanah diperoleh dan dilupuskan berdasarkan tarikh perjanjian jual beli ditandatangani untuk kedua-dua hartanah sedia bangun dan dalam pembinaan.
Pemilik juga boleh menolak apa2 kos atau perbelanjaan berikut dari harga pembelian hartanah tersebut:
(i) Penambahbaikan/baiki kerosakan hartanah
(ii) Bayaran premium (untuk hartanah pajakan)
(iii) Kos lantikan ejen hartanah
(iv) Kos surveyor
(v) Kos peguam
(vi) Duti setem
(vii) Kos pengiklanan bagi mendapatkan pembeli (jika iklan tanpa melalui ejen)
Walau bagaimanapun resit pembayaran untuk kos-kos tersebut hendaklah dilampirkan bagi membuktikan kos yang terlibat dan ditolak daripada keuntungan.
Setiap individu boleh memilih memohon pengecualian CKHT sekali seumur hidup – Perenggan 9, Jadual 3 Akta CKHT 1976.
Pelupusan dengan balasan kasih sayang, turun-milik akibat kematian, pelupusan hartanah untuk tujuan kebajikan, dan pengambil alihan hartanah oleh kerajaan tidak dikenakan sebarang cukai.
Bagi warganegara dan penduduk tetap yang menjual sesebuah hartanah, peguam mereka akan memegang 3% daripada harga jualan/pelepasan hartanah itu sebaik sahaja bayaran deposit pertama dibuat oleh Pembeli. Manakala bagi bukan warganegara & warga asing, kadar yang ditetapkan ada lah 7%.
Peguamcara Penjual akan membuat bayaran bagi pihak Penjual beserta dengan borang yang perlu dilengkapkan kepada Lembaga Hasil Dalam Negeri dalam tempoh 60 hari dari tarikh perjanjian jual beli untuk memenuhi syarat CKHT yang dikenakan.
Penjual yang gagal membuat pembayaran dalam masa 60 hari dari tarikh yang sepatutnya akan dikenakan denda. Denda yang dikenakan adalah 10% daripada jumlah keseluruhan CKHT.
- Bagi pemerolehan sebelum tahun 2000, cukai keuntungan akan dikira mengikut nilai hartanah bermula tahun 2000
- Terdapat pengecualian cukai ini bagi hartanah kos rendah dan sederhana sahaja yang dilupuskan pada harga kurang RM200,000
The New Insolvency Act 1967
The Bankruptcy (Amendment) Bill 2016 has finally come into force in Malaysia on 6 October 2017, renaming the existing Bankruptcy Act 1967 to the Insolvency Act 1967. Key amendments include the following:-
MINIMUM THRESHOLD FOR BANKRUPTCY PROCEEDINGS INCREASED
Threshold for commencement of bankruptcy proceedings has increased from RM 30,000 to RM 50,000.
ABSOLUTE PROTECTION FOR SOCIAL GUARANTORS
A creditor will no longer able to commence bankruptcy action against a “social guarantor”, i.e. a person who provides not-for-profit guarantees for:
- a loan, scholarship or grant for educational or research purposes;
- a hire-purchase transaction of a vehicle for personal or non-business use; and
- a housing loan transaction solely for personal dwelling.
A creditor must obtain leave of the court before commencing any bankruptcy action against other guarantors (not being social guarantors). To obtain leave, the creditor must satisfy the court that he has exhausted all modes of execution and enforcement to recover the debts owed to him by the debtor.
AUTOMATIC DISCHARGE OF BANKRUPTCY
The Act introduced an automatic discharge of a bankrupt upon the expiration of three (3) years from the date of submission of the statement of affairs by the bankrupt, if he has:
- achieves the target contribution of his provable debt; and
- complied with the requirement to render an account of moneys and property to the Director General of Insolvency (DGI).
BANKRUPTS TO BE DISCHARGE WITHOUT OBJECTION
Creditors will no longer be allowed to object to discharge of certain bankrupts, such as:
- a bankrupt with a disability under the Persons with Disabilities Act 2008;
- a social guarantor;
- a deceased bankrupt; and
- a bankrupt suffering from serious illness.
A new pre-bankruptcy rescue mechanism; “voluntary arrangement” was introduced. This provides the debtor the opportunity to negotiate a debt settlement proposal with his creditors before he is adjudged a bankrupt.
Main features of this rescue mechanism are as below:
- Appointing a nominee (“nominee”), who must be a registered chartered accountant, an advocate and solicitor or such other person as prescribed by the DGI to supervise the implementation of the voluntary arrangement;
- The debtor will apply to the court for an interim order of voluntary arrangement (“interim order”), which will be for a period of 90 days that cannot be extended;
- Within the period of the interim order made by the court, no bankruptcy petition and other legal proceedings can be commenced against the debtor except with permission from the court;
- During the period of the interim order, the nominee will hold a meeting with all of the debtor’s creditors to secure their approval for the voluntary arrangement. The nominee will need to secure more than 50% in number and at least 75% in value of the creditors present personally or by proxy and voting on the resolution. The voluntary arrangement will then be binding on all creditors once approval is obtained.
- However, if the proposal is not approved by the creditors, the court may set aside the interim order.