The Members Written Resolution is a fundamental corporate governance tool in Malaysia, established under the Companies Act 2016. This document type is specifically designed for situations where companies need to make formal decisions without convening a physical general meeting. It's particularly useful for private companies seeking efficient decision-making processes, especially for routine matters or when gathering all members physically is impractical. The resolution must be circulated to all eligible members and requires proper documentation of member approval. Common uses include adopting financial statements, appointing directors, approving major transactions, or amending company constitutions. The document must comply with Malaysian corporate law requirements, including proper circulation procedures, voting thresholds, and record-keeping obligations.
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1. Company Details: Full legal name of the company, registration number, and registered address
2. Date: The date on which the resolution is circulated to members
3. Title: Clear identification that this is a written resolution of members
4. Resolution Text: Clear and precise wording of the resolution(s) being proposed
5. Statement of Compliance: Statement confirming compliance with Companies Act 2016 requirements for written resolutions
6. Voting Instructions: Clear instructions on how members should indicate their agreement or disagreement
7. Signature Block: Space for member signatures, dates, and names
1. Explanatory Statement: Additional explanation or background information about the resolution(s) when the matter is complex or requires context
2. Multiple Resolutions: Separate sections for different resolutions when more than one matter is being decided
3. Notice Period Statement: Statement about any notice period requirements when specifically required by the company constitution
4. Declaration of Interests: Section for declaring any directors' or members' interests in the subject matter of the resolution when relevant
1. Supporting Documents: Any relevant documents referenced in the resolution, such as agreements or certificates
2. Member Information: List of all eligible voting members and their shareholding details when needed for complex voting structures
3. Previous Resolutions: Copies of any previous resolutions being amended or referenced
4. Legal Opinions: Any legal opinions or professional advice relied upon in forming the resolution
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