ShortURL | Playbook | Assistant
The following regulations apply for Malaysian-based corporations.
This is not an exhaustive list.
These documents are provided by the Official Journal of Estonia and may not be up-to-date translations.
Income Tax Act 1967
Employment Act 1955
Sales and Services Tax Act 2018
Personal Data Protection Act 2010
Financial Services Act 2013
Version 1.0 | This Policy was approved on 23 February 2024.
This policy is in accordance with Section 56 of the Companies Act 2016 and the “Guideline For The Reporting Framework For Beneficial Ownership of Legal Persons” issued by the Companies Commission of Malaysia. The aim of this policy is to act as a general framework and guidance for shareholders to disclose and inform the Company of the ultimate beneficial ownership of their shares and/or any agreement affecting their entitlement to exercise their voting rights.
This policy has been adopted by the Board of Directors and shall come into force with effect from passing of the Directors’ Resolution.
“Act” means the Companies Act 2016;
“BO” means the ultimate owner of one or shares in the Company and does not include a nominee of any description;
“Board” means the Board of Directors of the Company and includes its committees (if any);
“CCM or SSM” means the Companies Commission of Malaysia, also known as the Registrar of Companies Malaysia or Suruhanjaya Syarikat Malaysia;
“interest in shares” means an interest in shares as defined under Section 8 of the Companies Act 2016;
“Member” means a person whose name is entered in the register of members as the holder for the time being of one or more shares (irrespective of the types or class of shares) in the Company;
“Policy” means the “POLICY ON REPORTING OF BENEFICIAL OWNERSHIP OF SHARES IN THE COMPANY”
4.1 This policy outlines the Company’s implementation of Section 56 of the Act and the “Guideline For The Reporting Framework For Beneficial Ownership of Legal Persons” issued by CCM to enable the Company to obtain the BO information from its shareholders and record such information in a separate part of the register of members.
4.2 This policy applies to all shareholders of the Company to enable the seeking of information on the “ultimate owner of shares” who is an individual (natural person) who meets one or more of the following criteria:
a) has interest, directly or indirectly not less than 20% of the shares of the Company;
b) holds, directly or indirectly not less than 20% (twenty per centum) of the voting shares of the Company;
c) has the right to exercise ultimate effective control whether formal or informal over the company; or the directors or the management of the Company;
d) has the right or power to directly or indirectly appoint or remove a director(s) who holds a majority of the voting rights at the meeting of directors; or
e) is a member of the Company and, under an agreement with another member of the Company, controls alone a majority of the voting right in the Company.
5.1 The Company may, by notice in writing at least once in a calendar year, require any member within such reasonable time as is specified in the notice:
i. to inform the Company whether he holds any voting shares in the Company as beneficial owner or as trustee; and
ii. if he holds the voting shares as trustee, to indicate so far as he can the persons for whom he holds the voting shares by name and by other particulars sufficient to enable those persons to be identified and the nature of their interest.
5.2 Where the Company is informed that a person, whether a member or not, having an interest in any of the voting shares in the Company is beneficial owner or as a trustee, the Company may be notice in writing require that person within such reasonable time as is specified in the notice:
i. to inform the Company whether he holds that interest as beneficial owner or as trustee; and
ii. if he holds the voting shares as trustee, to indicate so far as he can the persons for whom he holds such interest by name and by other particulars sufficient to enable those persons to be identified and the nature of their interest.
5.3 The Company may, by notice in writing at least once in a calendar year, require any member within such reasonable time as is specified in the notice:
i. to inform the Company whether any of the voting shares carried by any voting shares in the Company held by him are the subject of an agreement or arrangement under which another person is entitled to control his exercise of those rights; and
ii. if the member is under such an agreement or arrangement, to give particulars of the agreement or arrangement and the parties to such agreement or arrangement.
6.1 If a member of the Company has received a notice issued under Paragraph 5 herein, the member has an obligation to inform the Company whether he is the BO or has met at least one of the criteria stated under paragraph 4.2 of this Policy, as a trustee or that the voting rights held by him is subject to an agreement or arrangement in which another person is entitle to exercise that voting rights.
6.2 A member shall notify the Company when there are changes in the BO information. 6.3 A member commits an offence under Section 56 of the Act if he:
a) does not reply to the notice issued by the Company; or
b) in purported compliance with such a notice makes any statement which he known to be false in a material particular or recklessly makes any statement which is false in a material particular, unless he can prove that the information in question was already in possession of the Company or that the requirement to give it was for any reason, frivolous or vexatious.
7.1 In identifying and verifying the BO information, the Company may require a member to provide such documents as are necessary which may include, but are not limited to, certified copies of a national identification card, passport of other similar documents, founding documents and agreements regulating the power to bind the Company.
7.2 The supporting documents shall be kept by the Company at the same location with the register of BO to show that reasonable steps have been taken in identifying the BO.
7.3 Supporting documents that are kept may be:
a) either in the national language or English language;
b) either in physical or electronic form; and
c) from the day the individual becomes a BO and up until 7 years after such individual ceases to be a BO.
8.1 The Company shall ensure that the BO information and the supporting documents to verify the BO information are in order and kept at the registered office or at the same place the register of members or the register of partners is kept.
8.2 The BO information and the supporting documents shall be kept for at least 7 years from the date a person ceases to be a BO.
8.3 The BO information shall be kept either in the national language or English language and may be kept either in physical or electronic form.
9.1 The Company shall ensure that the BO information can be accessed in a timely manner by the competent authorities and the law enforcement agencies as and when required. Competent authorities, law enforcement agencies, the BO and the persons authorized by the BO may be provided with copies of the BO information and supporting documents, upon request.
9.2 The Company shall give access in a timely manner to the BO whose name is recorded in the register of BO or the persons authorized by the BO as and when requested in writing. For the avoidance of doubt, a BO shall only be given access to the BO information relating to him.
10.1 This policy shall be reviewed periodically by the Board of Directors in accordance with the requirements of the Act and/or such guidelines, directives or policies that may be issued by CCM or other competent authorities from time to time.
This page contains all the basic institutional information about The IO Network MY.
ShortURL | Playbook | Assistant
The following is the basic institutional information about The IO Network MY.
The IO Network MY's governance adheres to the following documents:
🚧 Work in progress
The following is a list of other registrations and certifications for The IO Foundation.
Item | Value |
---|---|
Registration | ID (Verification link when available) |
---|---|
Country
Malaysia
Official Name
The IO Network MY Sdn. Bhd.
Type
Private Limited Company
Public use name
The IO Foundation
Date of establishment
22 / 02 / 2019
Registration ID
201901006042
Registration ID (Old)
1315369-A
TIOF Code
TION MY
SAM Unique Entity ID
DUNS
659310323
Version 1.0 | This Statute was approved on 01 April 2022.
This document, hereinafter the Statute, sets out the articles that regulate the internal functioning of The IO Foundation, hereinafter the Organization. You should familiarize yourself with it and comply with it at all times. Any questions you may have with regard to its contents or what you have to do to comply with it should be referred to your corresponding Team Human Resources Manager.
Any Member who breaches this Statute will face disciplinary action, which could result in dismissal for gross misconduct. Any non-employee who breaches this Statute may have their contract (or equivalent official relationship with TIOF) terminated with immediate effect.
This document directly applies to:
This document indirectly applies to:
In the spirit of unity and concerted effort to promote the values and objectives of The IO Foundation (TIOF), we hereby establish the statute of The IO Network Malaysia (TION MY) as a formal enunciation of its structure and operational ethos within the broader TIOF Network.
1.1 TION MY is an integral member of the TIOF Network, contributing to and reinforcing the collective mission of championing digital rights and fostering technological innovation for the public good.
2.1 TION MY is registered under the Companies Act 2016 of Malaysia. Given the flexible nature of the Act, TION MY has not adopted a specific set of Articles of Association (M&A) or Constitution.
3.1 Despite its corporate registration, TION MY is committed to operating on a non-profit basis. It is dedicated to utilizing its financial resources and conducting all financial transactions in alignment with non-profit principles and ethics.
4.1 TION MY engages exclusively in the execution of projects that are coordinated and mandated by TIOF. This dedication ensures that TION MY's activities are harmonized with the overarching goals and strategic direction of the TIOF Network.
5.1 TION MY adheres to the organizational policies established by TIOF. In instances where local legislation necessitates deviation, exceptions are made to ensure compliance with specific applicable laws. These exceptions are carefully documented, maintaining the integrity of TIOF’s policy framework while respecting legal obligations.
This document serves as the foundational statute for TION MY, guiding its operations and affirming its allegiance to the shared vision and values of The IO Foundation and its Network.
**Statute of The IO Network MY Sdn. Bhd. (TION MY)**
_Version 1.0_
---
**Preamble**
This Statute outlines the foundational principles and operational guidelines for The IO Network MY Sdn. Bhd. (TION MY), a key component of The IO Foundation (TIOF) Network.
**Article 1: Affiliation with TIOF Network**
1.1 **Integration into TIOF Network**
- TION MY is an integral part of the TIOF Network, sharing its vision, mission, and objectives.
**Article 2: Corporate Registration and Governance**
2.1 **Registration Under Companies Act 2016**
- TION MY is registered under the Companies Act 2016 of Malaysia. In lieu of specific Articles of Association (M&A) or a Constitution, this registration governs its corporate structure and compliance.
2.2 **Non-Adoption of Specific M&A/Constitution**
- Due to its registration under the Companies Act 2016, TION MY has not adopted specific Articles of Association (M&A) or a Constitution.
**Article 3: Non-Profit Operation**
3.1 **Non-Profit Status**
- Despite its corporate registration, TION MY operates as a non-profit entity, adhering to the principles and ethos of non-profit organizations.
3.2 **Financial Conduct**
- Financially, TION MY aligns with non-profit operational standards, ensuring that all financial activities support its non-profit objectives.
**Article 4: Project Implementation and Coordination**
4.1 **Project Implementation**
- TION MY exclusively engages in the implementation of projects that are coordinated and mandated by TIOF.
**Article 5: Organizational Policies and Legislation Compliance**
5.1 **Adherence to TIOF Policies**
- TION MY follows the organizational policies set by TIOF, ensuring consistency and alignment with the broader network.
5.2 **Exceptions for Local Legislation**
- Exceptions to TIOF's policies are made when necessary to comply with specific local or national legislation applicable to TION MY.
The IO Foundation (TIOF) functions by respecting a number of mandates that guide how it implements its mission. These mandates are described across a number of documents and must always comply with the applicable jurisdictions in which TIOF operates.
The relevant documents that define mandates are:
Memorandum of Association
Articles of Association
Organization Statute (this document)
Policies
This Statute and the articles herein stated, apply in the following overwrite flow in order to inform the mandates by which The IO Foundation functions:
Memorandum of Association
Articles of Association
Organization Statute (this document)
Policies
Lifecycle documentation
Supporting diagrams
Whenever an article in this Statue requires further description, it will provide a link to the corresponding Policy (or any other document) where the particulars are detailed.
As a result of the above precedence flow:
This document supersedes
any areas that are not specifically defined in the registered Articles of Association
any articles that are specifically named
Policies will elaborate on details for each specific topic
Policies cannot overwrite mandates
This Statue is also designed so that it can serve as reference for other Tech NGOs, in the spirit of the CrowdShape initiative.
If you like it, feel free to share it.
The Organization will make the necessary to document, inform and provide with all the necessary tools to the corresponding Members for all the provisions described in this Statue, such as:
Calendars for
Meeting Dates
Deadlines
As mandates require to adapt to new realities, mechanisms for their update need be set in place.
The documents that can be subject to revision are:
Articles of Association
Organization Statue (this document)
Policies
Lifecycle documentation
Agreements
Media Kit
The Memorandum of Association does not allow for revisions as it is a foundational document linked to the process of legally registering TIOF.
Any necessary revisions can be stated in either the Articles of Association or the Organization Statute, superseding its clauses.
The following documents do not require to undergo a strict revision process and can be updated on-the-go as needed by their corresponding Team:
Handbooks
Templates
Productions
Org Chart
In order to keep the organization as flexible as possible, the following methods of revision are available:
Regular revisions happen once a year during the Annual Meeting. A dedicated section of the meeting is to be allocated for it.
When: Annual Meeting - Once a year
Requested by: Any TIOF Member
Quorum: As per Annual Meeting regulations
Approval:
New revisions: 50% +1 of the participants
Contested Continuous revisions: 50% +1 of the participants
Non contested Continuous revisions: Automatic
Validity: Indefinite unless requested for change.
To simplify and consolidate revision processes, it is encouraged to use the Regular revision process.
To allow for fast adaptation in case of need, and in the spirit of the CI/CD practice, a mechanism to propose and approve revisions outside of the Regular method, is available.
When: Any time
Requested by: Any TIOF Member
Quorum: 50% +1 of the Team who raised the revision
Approval: 50% +1 of the Global Management
The following articles are overwritten by this Statue:
The following are overwritten articles for the Memorandum of Association.
The seat of the non-profit association is Riga 128, 50411 Tartu, Estonia city / municipality
Overwrite The seat of the non-profit association is Rataskaevu tn 2 Kesklinna linnaosa, 10123 Tallinn, Harju maakond, Estonia. Any subsequent address changes shall be reflected in this overwritten article and propagated in all necessary official and required channels.
The purpose of the non-profit association is "To respect, protect and provide solutions for Digital Rights and promote the creation of a Universal Declaration of Digital Rights (UDDR)
.
Overwrite The purpose of the non-profit association is "To promote, protect and provide solutions for Data-Centric Digital Rights, support programmers in their role as NextGen Rights Defenders and promote the creation of a Universal Declaration of Digital Rights (UDDR).". Any subsequent purpose changes needs is to be reflected in the Articles of Association - Article 2.
The founders shall appoint the following as a member(s) of the board of a non-profit association
Append The Board of Directors will be managed as indicated in the Organization Statue.
The purpose of the Association is to promote, protect, develop and enhance Data-Centric Digital Rights.
Overwrite The purpose of the non-profit association is "To promote, protect and provide solutions for Data-Centric Digital Rights, support programmers in their role as NextGen Rights Defenders and promote the creation of a Universal Declaration of Digital Rights (UDDR).". Any subsequent purpose changes needs to strictly reflect the DCDR advocacy and shall be reflected in this overwritten article and propagated in all necessary official and required channels.
One to three members shall be elected to the board of the association for a term of five years.
Overwrite The Board of Directors will be managed as stipulated in the Organization Statue.
Upon termination of the activities of the Association, the remaining assets shall be transferred non-profit associations and foundations and religious associations with income tax relief a similar organization or public to a legal person.
Overwrite Upon termination of the activities of the Association, the remaining assets shall be transferred non-profit associations following the mandate stipulated in the Organization Statue.
The following articles are core to The IO Foundation and are to be reflected in
TIOF's Code of Conduct
TIOF's policies
TIOF's operations
TIOF's Comms materials
TIOF's official and other required channels
The organization's Mission is To promote, protect and provide solutions for Data-Centric Digital Rights.
Except for minor language changes, this Mission shall not be updated.
The organization's Vision is A world where Human Rights and Data-Centric Digital Rights are one and the same.
Except for minor language changes, this Vision shall not be updated.
The IO Foundation was created in the pursuit of creating better and safer digital societies. In order to materialize its Vision, TIOF shall act under the following ethos:
Objective truth
Scientific method
Enlightenment values
Non-discrimination in any shape or form
Respect and advancement of Human Rights
Respect and advancement of Data-Centric Digital Rights
Except to upgrade this Ethos these concepts cannot be changed.
In order to implement its initiatives, The IO Foundation adheres to the following values:
Community
Accountability
Impact
Unless agreed by full majority during the General Meeting, these Values cannot be changed.
The IO Foundation shall establish a Theory of Change that establishes:
For the organization, how it will materialize it's Vision
For each of TIOF's initiatives, how they will be implemented and their impact
Every year, each Theory of Change may be reviewed as follows
General Meeting: Indicating where it should be improved and how.
Strat Meet: Defining the actual details and implementation steps for the upcoming year.
The IO Foundation shall establish a series of Key Performance Indicator (KPIs) to measure the progress of its Vision and its initiatives.
Every year, the KPIs shall be revisited and updated as follows:
General Meeting:
Evaluation of current year's KPIs
Updated KPIs for next year
Strat Meet:
Report of current year's KPIs
Analysis of actions to implement next year's KPIs
The IO Foundation structures its activities around yearly cycles that are named Seasons.
Seasons range from 1st January to 31st December of the considered natural year.
The organization will decide, organize and implement a strategy to move its advocacy forward.
The corresponding Season Strategy shall include:
List of initiatives
Yearly KPIs
Planned activities
Expected 3rd party events to attend
Financial budget projection
Resource allocation projection
The Organization will be structured in the most efficient manner possible.
It will have separate teams for the organization itself and for each of its initiatives.
Some TIOF members may participate in different team across the organization and/or several initiatives under different positions. The organization shall maintain a clear Org Chart to reflect its full structure at all times and publish it on its official Comms channels.
Every year, the Organization Structure shall be revisited and updated as follows:
General Meeting:
Update of the Organization Structure as per needs
Strat Meet:
Establish the necessary steps to implement any updates on the Organization Structure
The Organization must keep an updated Taxonomy describing all the elements of TIOF's Organization's Structure.
[TIOF] Team Documentation will be responsible to update the Organizational Taxonomy.
The IO Foundation must keep an updated Organizational Chart describing all the Boards, Teams and their relationships in TIOF's Organization's Structure.
[TIOF] Team Human Resources will be responsible to update the Org Chart.
The Organization structures its governance through a number of Boards.
The Organization has a Board of Directors (BoD) that is the highest structure of the organization. It is composed of 5 members that will serve for a term of 2 years.
The Board of Directors is managed by its corresponding Board Lifecycle.
See here the members of the Boards of Directors.
The Organization has a Board of Advisers (BoA) that advises the Global Management in order to implement the Yearly Strategy.
The Board of Advisers is managed by its corresponding Board Lifecycle.
See here the members of the Boards of Advisers.
The Organization must have a Board of Auditors comprised by external professionals, either individuals or organizations, tasked to verify its compliance with applicable legislations.
New areas to be covered will be decided as needed by the Board of Directors during the General Meeting.
The Boards of Auditors are managed by its corresponding Board Lifecycle.
See here the members of the Boards of Auditors.
The Organization implements a number of initiatives, each of which has a Board of Consultants (BoC) that advises in areas of interest that will help it to pursue its impact.
The Boards of Consultants are managed by their corresponding Board Lifecycle.
See the corresponding initiative's documentation for the full list of members of its Board of Consultants.
The Organization has a Global Management, which is charged with executing the mandates established by the Board of Directors and approved during the General Assembly, in accordance to the actions determined in the Strat Meet.
The Board of Advisers is managed by its corresponding Board Lifecycle.
See here the list of members of the Global Management.
The Organization shall structure its TIOF Members through a number of Teams.
Teams are managed by its corresponding Team Lifecycle.
See here the list of Teams and their descriptions.
The Organization does not currently have a membership structure.
The Organization uses meetings as a main tool to organize and monitor its activities.
The Organization will make all the necessary to record the content of the Official Meetings and make them publicly available to the extend permitted by the applicable legislation.
Every Meeting type has its own template to ensure its proper development.
The Organization holds a General Meeting to guide and monitor the progress of its advocacy and Vision.
Serves to approve past year's KPIs, set the next ones and gives the direction for the next year.
The General Meeting is managed by its corresponding General Meeting Lifecycle.
See here the Template for the General Meeting.
The Organization holds a Strat Meet to establish the concrete actions to implement and monitor the mandates established by the General Meeting for the Next Year.
The General Meeting is managed by its corresponding General Meeting Lifecycle.
See here the Template for the General Meeting.
NOTICE
This remaining of this Statue is a work in progress.
Reviews the status for an initiative or the org.
Coordination meetings to review the status of ongoing tasks, clear the backlog and prepare next steps.
The organization is committed to publish all of its productions and internal documents, to the extend allowed by the applicable laws, under Creative Commons license.
Link to CC
Link to Media Policy / Media Handbook for Create Commons implementation.
To guide the organization, TIOF will establish a series of Policies describing, to the best of its abilities, the guidelines by which it will implement its mission.
Handbooks are the materialization of the processes established to implement the Policies.
Hanbooks can be updated
The organization will implement
| Playbook | Assistant
This document employs terms related to the that can be found in the .
This document does not form part of any and we be amended at any time following the procedures described .
All
All
The articles set out in this document apply to all unless otherwise indicated. They therefore apply to Members of the Boards (, , ), , and ; this is irrespective of their . They equally apply to all and may be used as part of the selection criteria when engaging with them.
While revisions through this method are immediately valid and implementable, their final approval will need to be confirmed in the following .
Validity: Temporary until next Annual Meeting via
The full definition of these Values can be found in .
The IO Foundation's
The IO Foundation's
This document complements .
Policies can be updated following the
Composition | 5 members |
Term | 2 natural years Start on date of Signature End on December of the second year |
Renewal | No limit |
Attributions |
|
Meetings |
|
Composition | Unlimited members |
Term | 2 natural years Start on date of Signature End on December of the second year |
Renewal | No limit |
Attributions |
|
Meetings |
|
Composition | Unlimited members in areas of
|
Term | As per contract Start on date of Signature End on December of the second year |
Renewal | No limit |
Attributions |
|
Meetings |
|
Composition | Unlimited members |
Term | 2 natural years Start on date of Signature End on December of the second year |
Renewal | No limit |
Attributions |
|
Meetings |
|
Composition |
|
Term | As per Engagement Document Start on date of Signature End on December of the second year |
Renewal | No limit |
Attributions |
|
Meetings |
|
Date | 3rd Week of November In any case, 2 weeks before the Strat Meet. |
Regularity | Annual |
Notifications |
|
Materials ready |
|
Minutes & Mandates ready |
|
Mandatory Participants |
|
Optional Participants |
|
Guests | Any TIOF Member may be invited by the Mandatory Participants |
Quorum | 50% of Mandatory Participants |
Approvals | 50% + 1 of attendance |
Attributions |
|
Date | 1st Week of November In any case, 2 weeks before the Strat Meet. |
Regularity | Annual |
Notifications |
|
Materials ready |
|
Minutes & Activities ready |
|
Mandatory Participants |
|
Optional Participants |
|
Guests | Any TIOF Member may be invited by the Mandatory Participants |
Quorum | 50% of Mandatory Participants |
Approvals | 50% + 1 of attendance |
Attributions |
|