Section 563. Requirement for foreign companies to have agent

1) A foreign company shall at all times appoint an agent in Malaysia who, until he ceases to be an agent in accordance with subsection (5), shall—

(a) continue to be the agent of the foreign company;

(b) be answerable for all such acts, matters and things that are required to be done by the foreign company under this Act; and

(c) be personally liable to all penalties imposed on the foreign company for any contravention of this Act unless the agent satisfies the court hearing the matter that the agent should not be liable.

(2) For the purposes of subsection (1), the foreign company shall notify the Registrar of any changes relating to the registered particulars of the agent within fourteen days from the change.

(3) A foreign company or its agent shall lodge with the Registrar a notice in writing stating that the agent has ceased or will cease to be the agent on a date specified in the notice.

(4) The agent in respect of whom the notice has been lodged shall cease to be an agent—

(a) on the expiry of twenty-one days from the date of lodgement of the notice with the Registrar or on the date of lodgement of the memorandum of appointment of another agent in accordance with subsection (5), whichever is the earlier; or

(b) if the notice states a date on which the agent is to cease and the date is later than the expiration of that period, on that later date.

(5) If an agent ceases to be an agent and the foreign company continues to carry on business or has a place of business in Malaysia, the foreign company shall appoint another agent within twenty-one days from the date the previous agent ceases to be an agent.