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LEGAL ISSUE

WHETHER AYRA HAVE TO COMPLY WITH PROCEDURES IN OPENING AND HOLDING


THE NEW BANK ACCOUNT IN PURSUANT TO THE NEW LIMITED LIABILITY
PARTNERSHIP (LLP) WITH RUMAISSA UNDER LLP ACT 2012.

LAW

There are procedures in opening bank account for LLP but there’s no hard and fast rule on stating
which bank is the best bank in opening LLP account. There are guidelines laid down by Companies
Commission of Malaysia (CCM). In case of a problem in opening a bank account with any bank, the
LLP owner may directly contact the following organisations. As for commercial banks, the owner or
partners may contact with The Association of Banks in Malaysia 34th Floor UBN Tower, 10, Jalan
P.Ramlee, 50250 Kuala Lumpur and can be reached at 03-2078 8041 or by email on
banks@abm.org.my. For further details, partners may refer to www.abm.org.my. As For Islamic
banks they can do the same at Association of Islamic Banks Institutions Malaysia 4th floor, Menara
Bumiputra, 21 Jalan Melaka, 50100 Kuala Lumpur or by contact the officer in charge at 03-20268002
or by email at admin@aibim.com. They can also be reached at specific website, www.aibim.com.

In pursuant to keeping of accounting records, it is a mandatory for every owner of LLP in complying
certain requirements under LLP Act 2012. First, An LLP shall keep such accounting and other records
as will sufficiently explain the transactions and financial position of the LLP and enable profit and
loss accounts and prepare balance sheets from time to time which gives a true and fair view of the
state of affairs of the LLP at the LLP registered office or such other place as the partner thinks fit
provided that a notification of that place been made to the Registrar. Second, a LLP shall retain the
accounting records and other records as above for a period of not less than seven years from the end
of financial year in which the transactions or operations to which those records relate are completed.

LEGAL ANALYSIS

You have mentioned in your letter that you wish to know on the procedure of opening and
holding of bank accounts of a LLP.

Since you and Rumaissa wished to open a LLP business, we would like to suggest you visit
your favourite bank branch and ask them for the full procedure, and all the forms required.
There’s still too little information online so it is preferable if you would consult the bank
officers physically. These documents are mandatory for you to bring along in opening a
bank account, namely; certified true copies of your IC or passport of all partners and
compliance officers (if you have any). Next, you also have to bring along original IC or
passport of all partners and compliance officers since the bank officers need to see the
originals. Hence, you have to asks Rumaissa to the bank with you.

You need a certified true copy of your new LLP corporate profile which contains all the
important information about your LLP, like business code, contact details, address and
partners’ information. You also need to produce certificate of registration of the new LLP,
which is the document that says all the partners agree to open a bank account and certified
extract of resolution for LLP. A resolution is a document that tells outsiders what the
partners of an LLP have agreed on. In this case, your resolution will say that your LLP is
making so much money since you need to expand your business include bridal studio and
gallery that you now need a bank account. Each bank has a standard format for this
document and you may ask your bank officer if he can provide you a sample for you to
follow.

Now that you’ve got all documents you have to fill up and get all the partners to sign the
business account application form. Also, you need to prepare copies of the your and
Rumaissa’s IC or passports and fill up the resolution for LLP and submit the documents to
the bank. The bank needs time to process your document and they finished processing your
document, they will call you to deposit money to the new account and once it is settled, you
already owned a LLP bank account.

With regard to holding bank account of your new LLP business with Rumaissa, you have to
keep records of accounts and receipts of every transaction in your bank account since it is a
requirement under LLP Act 2012. You also need to prepare for balance sheets regularly for
the purpose in presenting it to the Registrar. Furthermore, you have to keep the accounts and
other related documents for a period of at least seven years.

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