Legal Templates
Beneficial Owner Declaration Form

Beneficial Owner Declaration Form for Malaysia

Beneficial Owner Declaration Form Template for Malaysia

A Beneficial Owner Declaration Form is a mandatory regulatory document under Malaysian law that identifies and details the natural persons who ultimately own or control a legal entity. The document complies with requirements set forth in the Companies Act 2016 and related regulations, capturing comprehensive information about beneficial owners including their personal details, the nature and extent of their ownership or control, and the complete ownership structure. This form is a crucial component of Malaysia's corporate transparency framework and anti-money laundering regime.

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What is a Beneficial Owner Declaration Form?

The Beneficial Owner Declaration Form is a mandatory requirement under Malaysian law, specifically the Companies Act 2016 and related regulations. It must be filed by all companies registered in Malaysia to declare individuals who ultimately own or control the entity, either directly or indirectly. The form captures essential information including personal details of beneficial owners, ownership percentages, control mechanisms, and supporting documentation. This declaration is part of Malaysia's commitment to corporate transparency and international standards for combating money laundering and terrorism financing. The form must be updated whenever there are changes in beneficial ownership and maintained in the company's records for regulatory compliance.

What sections should be included in a Beneficial Owner Declaration Form?

1. Declaration Details: Basic information about the declaring entity and the date of declaration

2. Entity Information: Details of the company or legal entity for which beneficial ownership is being declared

3. Beneficial Owner Information: Personal details of the beneficial owner(s) including full name, citizenship, identification documents, residential address

4. Nature of Ownership or Control: Description of how beneficial ownership or control is exercised (e.g., shareholding percentage, voting rights, control mechanisms)

5. Chain of Ownership: Description of the complete ownership structure showing how the beneficial owner exercises control

6. Declaration of Truth: Formal statement confirming the accuracy of the information provided

7. Signature Section: Space for authorized signature, name, designation, and date

What sections are optional to include in a Beneficial Owner Declaration Form?

1. Nominee Arrangements: Details of any nominee shareholders or directors, used when nominee arrangements exist

2. Trust Structure Details: Information about trust arrangements if the beneficial ownership involves a trust structure

3. Corporate Representative Details: Information about authorized representatives when the beneficial owner is a corporate entity

4. Change in Beneficial Ownership: Section for declaring changes in beneficial ownership, used for updating existing declarations

5. Foreign Ownership Details: Additional information required for foreign beneficial owners

What schedules should be included in a Beneficial Owner Declaration Form?

1. Schedule A - Supporting Documents: List of required supporting documents (e.g., identification documents, proof of address)

2. Schedule B - Ownership Structure Chart: Visual representation of the ownership and control structure

3. Schedule C - Register of Controllers: Detailed information about all controllers as defined under Malaysian law

4. Appendix 1 - Guidelines for Completion: Instructions and guidance notes for completing the form

5. Appendix 2 - Definitions: Key terms and definitions as per Malaysian legislation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Manufacturing

Trading

Professional Services

Technology

Healthcare

Energy

Construction

Retail

Telecommunications

Mining

Agriculture

Transportation

Education

Relevant Teams

Legal

Compliance

Corporate Secretarial

Risk Management

Finance

Corporate Governance

Regulatory Affairs

Administrative

Due Diligence

Corporate Services

Relevant Roles

Company Secretary

Compliance Officer

Legal Counsel

Corporate Governance Officer

Risk Manager

Director of Legal Affairs

Chief Financial Officer

Company Director

Corporate Services Manager

Regulatory Compliance Manager

Due Diligence Officer

AML Compliance Officer

Corporate Registry Officer

Legal Administrator

Board Secretary

Industries
Companies Act 2016: Primary legislation governing company operations in Malaysia, including requirements for maintaining registers of beneficial owners and disclosure obligations
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA): Establishes the legal framework for preventing money laundering and terrorism financing, including requirements for beneficial ownership disclosure
Guidelines on Beneficial Ownership Reporting Framework: Issued by the Companies Commission of Malaysia (SSM), providing detailed requirements for beneficial ownership reporting and maintenance of registers
Capital Markets and Services Act 2007: Relevant for beneficial ownership disclosure requirements in relation to securities and financial instruments
Bank Negara Malaysia Guidelines on Anti-Money Laundering and Counter Financing of Terrorism: Central bank guidelines specifying requirements for financial institutions regarding beneficial ownership verification and documentation
Companies (Register of Controllers) Regulations 2019: Specific regulations detailing the requirements for maintaining and updating beneficial ownership information
Teams

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