A person declared as bankrupt cannot be a company director

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PRESS RELEASE BY SSM

SSM charges a director under Section 125 (1) and Section 364(1) of the Companies Act 1965.

On 1 December 2011, Othman Bin Mahmood, director of Dom Industries (M) Sdn Bhd was charged by Suruhanjaya Syarikat Malaysia (SSM) at the Sessions Court of Kuala Lumpur for committing 2 offences under the Companies Act (CA) 1965 namely under section 125(1) and 364(2). 

He was charged under section 125(1) of the Companies Act for acting as a director of Dom Industries (M) Sdn Bhd between 01 March 2007 and 21 January 2008 whilst still an undischarged bankrupt. The offence carries a penalty of imprisonment for a term not exceeding 5 years or a maximum fine of RM100, 000 or both.

He was also charged for an offence under section 364(2) of the CA 1965 for making and submitting a false declaration in the Form 48A. He had falsely declared that he was not an undischarged bankrupt despite the fact that at the material time, he was an undischarged bankrupt. If convicted, he may be sentenced to a maximum of 10 years imprisonment or a maximum fine of RM250, 000 or both.

Othman Bin Mahmood pleaded not guilty to both of the charges. The Sessions Court Judge, Tuan Zulhazmi Bin Abdullah released him on a bail sum of RM 20,000 with one surety. The case is now fixed for mention on 30 December 2011.

ISSUED BY : SURUHANJAYA SYARIKAT MALAYSIA (SSM)
DATED : 1 DECEMBER 2011