Application for Approval to Solicit Donation from the Public by Company Limited by Guarantee (CLBG)
A. APPLICATION FEE
Payment of the required fee of either:
(a) RM300 - Approval by Minister – only applicable to CLBGs with license conditions issued by the Minister; or CLBG which the Constitution provided that such an application must be approved by the Minister; or
(b) RM100 - Approval by Registrar – applicable to all other CLBGs which do not fall under above.
Application must be accompanied with Section 45 Form -
Application by CLBG for Minister’s approval (existing CLBG - appendix C); or
Application by CLBG for Registrar’s approval (appendix B).
B. DOCUMENTS TO BE ENCLOSED
1. Application letter
Contents of the application letter:
· The purpose and reasons for solicitation of donation from the public.
· Main activities of the CLBG.
2. A copy of the Notice of Registration / Certificate of Incorporation (Form 8) under the CA 1965.
3. A copy of the CLBG’s Constitution.
4. A copy of the licence under CA 2016 / a copy of licence pursuant to CA 1965 (Form 15) and the licence conditions (if applicable).
5. A copy of the proposal for the solicitation of donation:
Contents of proposal:
· Objectives and procedures of the donation solicitation.
· Activities planned for the solicitation of donation.
· Targeted audience for the solicitation of donation.
· Targeted maximum and minimum collections.
6. A copy of the donation process which among others should contain the donation procedure, process flow-chart, funds management and handling, funds recording manner and cash flow, funds processing and the persons in charge of managing the whole donation process.
7. Sample of the promotional documents of the solicitation of donation activity such as letter, advertisement, brochure and others.
8. Statutory Declaration by the director / trustee confirming adherence to the relevant requirements.
9. Directors’ Resolution pertaining to the approval for solicitation of donation to be signed by a Director and a Company Secretary.
10. The latest Audited Financial Statements of the CLBG. CLBG incorporated for less than 1 years is not eligible to apply for this application.
11. An approval letter from the Director General of the Inland Revenue Board of Malaysia to the CLBG relating to this application (for CLBG with tax exemption under subsection 44(6) of the Income Tax Act 1967).
12. A copy of an approval letter from the Director General of the Inland Revenue Board of Malaysia to the CLBG for tax exemption under subsection 44(6) of the Income Tax Act 1967 (if applicable).
13. A statutory declaration that in making this application, the CLBG has complied with all requirement of the CLBG’s current Constitution.
If you would like to know more, please contact Bestar.