Board Resolution Change Of Address Template for Malaysia
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What is a Board Resolution Change Of Address?
A Board Resolution Change Of Address is a critical corporate governance document required under Malaysian law whenever a company needs to change its registered office address. This document is essential for compliance with the Companies Act 2016 and must be filed with the Companies Commission of Malaysia (SSM) within 14 days of the change. The resolution is typically needed when a company relocates its operations, changes its registered office provider, or requires a new mailing address for official communications. It must include specific details such as the old and new addresses, the effective date of the change, and proper authorization for filing the necessary forms with authorities. This document is crucial for maintaining accurate corporate records and ensuring all stakeholders and regulatory bodies can properly communicate with the company.
About the Board Resolution Change Of Address
When your Malaysian company needs to change its registered office address, you must obtain formal board approval through a Board Resolution Change Of Address. This document is legally required under the Companies Act 2016 and serves as official authorization for updating your company's address with the Companies Commission of Malaysia (SSM) and other relevant authorities.
When do you need this document?
You need a Board Resolution Change Of Address whenever your company relocates its registered office, whether due to business expansion, cost considerations, or changing service providers. This includes situations where you're moving from a virtual office to a physical location, switching registered office providers, or relocating your business operations to a new state or district. The resolution is also required when your landlord terminates your lease, when your current address becomes unavailable, or when you need to establish a more prestigious business address for commercial purposes.
Key legal considerations
Your Board Resolution Change Of Address must include specific mandatory elements to ensure legal validity. The document must clearly state both the current and new registered office addresses, specify the effective date of the change, and include proper authorization for company officers to file the necessary forms with SSM. All participating directors must be identified, and the resolution must demonstrate that it was passed in accordance with your company's constitution. The new address must be a valid Malaysian address that can receive official correspondence during business hours. You must ensure the resolution is properly signed by authorized directors and includes your company registration number and date of the resolution.
Legal requirements in Malaysia
Under the Companies Act 2016, specifically Sections 46 and 47, you must notify SSM of any registered office address change within 14 days using the prescribed forms. The new address must be located within Malaysia and capable of receiving official documents during normal business hours. Your company secretary or authorized officer must file Form 49 (Notice of Change of Registered Office) along with the board resolution to SSM. The resolution must comply with Companies Regulations 2017 formatting requirements and include all directors' signatures or evidence of their consent. Failure to file within the 14-day deadline may result in penalties under Section 588 of the Companies Act 2016. Additionally, you must update your address with other relevant authorities such as the Inland Revenue Board, EPF, SOCSO, and your bank to ensure seamless business operations and compliance with various regulatory requirements.
GOVERNING LAW
Applicable law
This Board Resolution Change Of Address is drafted to comply with Malaysia law. Key legislation includes:
Companies Regulations 2017: Supplementary regulations to the Companies Act 2016 that provide specific procedures and requirements for various corporate actions, including the format and timing of notifications for address changes.
Guidelines and Directives by Companies Commission of Malaysia (SSM): Administrative guidelines issued by SSM that specify the proper procedures and documentation required for updating a company's registered address in the official records.
Street, Drainage and Building Act 1974: Relevant for verifying that the new address complies with local building and address regulations, ensuring the address is properly registered with local authorities.
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