From Malay Mail · · 1m 30s
Societies Act: No reasons needed for deregistration after non-compliance
Federal Court clarifies ROS can cancel society registration without reasons if notice isn't followed.
In brief
Federal Court clarifies ROS can cancel society registration without reasons if notice isn't followed. Malaysian Registrar of Societies can deregister political societies without requiring reasons if they fail to comply with statutory notices under Societies Act. Originally reported by Malay Mail.
Societies Act Section 16
Section 16 of the Societies Act requires societies to resolve disputes within one month or face deregistration.
“Section 16(1) of the Act states the Registrar may serve notice requiring societies to produce evidence of dispute resolution within one month.”
Deregistration trigger
Failure to comply with statutory notice within one month leads to ROS canceling society registration under Section 13.
“Section 13(1)(c)(ix) allows ROS to cancel registration if society fails to comply with Section 16 notice.”
Federal Court ruling
Federal Court confirmed ROS uses subjective evaluation to determine dispute existence without needing additional reasons.
“The ROS forms an opinion based on documents presented without requiring detective work.”
Subjective test
ROS must be satisfied on a subjective basis that a dispute exists before taking action under Section 16.
“The word 'opinion' in Section 16(1) entails a subjective evaluation by the ROS.”
No additional reasons
Law requires no reasons to be given once ROS determines non-compliance with statutory notice.
“No reasons are required under the law and needed to be given.”
Case example
In Pendaftar Pertubuhan v Datuk Justin Jinggut [2013], Federal Court clarified ROS authority over political societies.
“The Federal Court said the ROS merely gives political parties an ultimatum to settle disputes or face cancellation.”
ROS role
ROS acts as a non-interfering body that can cancel registration without further investigation.
“The ROS role is one of non-interference in dispute situations involving political societies.”
Consequence of non-compliance
Failure to comply triggers immediate deregistration without needing additional explanations.
“If no evidence is forthcoming and ROS is satisfied of non-compliance, they may cancel registration.”
Legal basis
Section 13(1)(c)(ix) permits ROS to cancel registration for non-compliance with Section 16 notices.
“Section 13(1)(c)(ix) provides that ROS may cancel registration if society fails to comply with Section 16 notice.”
Key takeaway
Deregistration is merely consequential to failure to comply with statutory notice; no reasons required.
“When deregistration of society is merely consequential to failure to comply with statutory notice, no reasons are required under the law, and needed to be given.”
What matters most
Malaysian Registrar of Societies can deregister political societies without requiring reasons if they fail to comply with statutory notices under Societies Act.
