Section 45. Company limited by guarantee

  1. No company other than a company limited by guarantee shall be formed with the following objects:

    • providing recreation or amusement;

    • promoting commerce and industry;

    • promoting art;

    • promoting science;

    • promoting religion;

    • promoting charity;

    • promoting pension or superannuation schemes; or

    • promoting any other object useful for the community or country.

  2. A company limited by guarantee shall—

    • apply its profits or other income in achieving or promoting its objects;

    • prohibit the payment of any dividend to its members; and

    • equire all the assets that would otherwise be available to its members generally be transferred on its winding up either—

      • to another body with objects similar to its own; or

      • to another body the objects of which are the promotion of charity and anything incidental or conducive to such objects.

  3. A company limited by guarantee may apply to the Minister for a licence to omit the word “Berhad” or the abbreviation “Bhd.” from its name.

  4. A company limited by guarantee shall not hold land unless a licence has been obtained from the Minister.

  5. For the purposes of approving licences under this section, the Minister may prescribe regulations or impose any conditions as he thinks fit.

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