SSM legal definition of permanent residential address for foreign directors
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Regarding the issue in the email attachment, foreign directors have included local address which are not their real address in the Form 49 even though they do not have a residential visa . This opens up the system to abuse by foreign conman to simply pluck an address out of the phone book and set up a pte ltd co. I suggest that SSM requires copies of work permits or dependent visa or MMSH stay visa of foreigners to be included when filing Form 49 as proof of residency and to reduce fraud
Reply
With respect to your query submitted through the Pemudah Website, please be informed that you are effectively asking for a legal opinion on the matter or seek justification or support for your professional views. As a public body, it is not part of the statutory duty of SSM to provide legal opinion to private businesses or companies.
SSM response therefore will be limited to the following:
Section 122(1) of the Companies Act 1965 stipulates the requirement that any 2 company directors must have a principal or only place of residence within Malaysia.
As for the meaning of "residence" or "resident", you may refer to certain decisions like MY v Comptroller-General of Inland Revenue [1972] 1 MLJ 84 and Fong Poh Yoke v The Central Construction Co. (Malaysia) Sdn Bhd. [1998] 4 CLJ Supp 112. In the latter, the court has decided that the word "resident" connotes residence in one place with some degree of continuity and apart from accidental or temporary absences (please refer page 136, b of the case). However SSM wishes to stress that you will have to consult your lawyer for a professional legal advice on the matter.
