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Thirteenth Schedule

[Subsection 561(2)]

ACTIVITIES NOT REGARDED AS CARRYING ON BUSINESS IN MALAYSIA

A foreign company shall not be regarded as carrying on business in Malaysia for the reasons only that the company does the following matters in Malaysia:

 \(a\)  is or becomes a party to any action or suit or any administrative or arbitration proceeding or effects                                
 settlement of an action, suit or proceeding or of any claim or dispute;

 \(b\)  holds meetings of its directors or shareholders or carries on other activities concerning its internal   
 affairs;

  \(c\)  maintains any bank account;

 \(d\)  effects any sale through an independent contractor;

 \(e\)  solicits or procures any order which becomes a binding contract only if the order is accepted                                   
 outside Malaysia;

 \(f\)  creates evidence of any debt, or creates a charge on movable or immovable property;

\(g\)  secures or collects any of its debts or enforces its rights in regard to any securities relating to those                                   
 debts;

 \(h\)  conducts an isolated transaction that is completed within a period of thirty one days, but not being                                 
 one of a number of similar transactions repeated from time to time;

 \(i\)  invests any of its funds or holds any property; or

 \(j\)  imports goods temporarily under the Customs Act 1967 \[Act 235\] for the purpose of display,                                       
 exhibition, demonstration or as trade samples with a view to subsequent re-exportation within a period                                      
 of three months or within such further period as the Director General of Customs and Excise may in his                                       
 discretion allow.