Extracts of relevant sections of Societies Act

2 (A) Registered societies to act in fulfillment of the Constitution

The registrar may cancel the registration of the society after giving the society an opportunity to make representations to him.

My comments: The Lions Club of Kota Kinabalu Host (Name applies only as from November 2016 . Prior to this date the name was not registered with ROS) was served with a notice under section 13 (2) of the Societies Act. 

Under 2 A (1) (b) …….. other religions being practiced in peace and harmony….

My comment: PP Joseph Chai had said, at a meeting in Sabah Golf and Country Club (SCGG) where the Past President council was questioning me, that for him the club is bigger than God. I said that we are not allowed to talk about religion. I wrote an article in my blog on this. This was again brought up at a BOD meeting and mentioned in the minutes by John SF Ho that I had made a big issue of  something meant to be a joke. As far as I am concerned Religion is not something to joke about and it is against LCI constitution and the Societies Act.

5 Power of the minister to declare a society unlawful

 Under 6 (2) Until a society is registered under this act, no person shall.... organise or take part in any activity on behalf of the society...

My comment:  … all activities undertaken by the Lions club of Kota Kinabalu Host has to be unlawful because the certificate under this name was only approved in November 2016. John Ho as an accountant and PDG should be aware of this.

Under 6 (3) Any person committing a breach of section (2) shall be guilty of an offence...

My comment:John SF Ho is obviously guilty of this. So are the other 3 persons – Joseph Chai, Arabi Wazani and Tan Sing Ben for opening a bank account under the name Lions Club of Kota Kinabalu Host in alliance Bank.Authorities should find out how the bank account was able to be opened under the name of Lions Club of Kota Kinabalu Host when this name was approved by ROS only in November 2016.

John Ho has openly declared that it is ROS fault and not the club’s problem.

Certificate of Registration

8. The Registrar, on registering a local society under section 7, shall issue to the society a certificate of registration in the prescribed form, and that certificate unless proved to have been cancelled, shall be conclusive evidence for all purposes that the society has duly registered under this Act.

Until November 2016 there is no certificate under the name Lions Club of Kota Kinabalu Host.

9 (a) the moveable property – 

My comment: The office lot which I was informed by a Past President was partly financed by excess fund from a project is not in the balance sheet presented to the ROS.Why was this not recorded?

9 (b) the immovable property – 

My comment:Air conditioners and furniture and fixtures, are not disclosed to ROS.

9 (g) (i) any member who commits theft of, or dishonestly misappropriates or converts to his own use money or other property….

What if it was done by a group of Past Presidents who have been operating under the term ‘Past Presidents Council' which is not registered with ROS?

14 (1) Every registered society shall, within 60days after the holding of its AGM or if no AGM is held, within 60 days after the end of each calendar year forward to the Registrar –

a….c

(d) the accounts of the last financial year of the society together with a balance sheet showing the financial position at the close of the last financial year of the society.

The balance sheet provided to ROS did not disclose a true and fair view as the office building, immovable assets and bank balances from 3 bank accounts and fixed deposit were not disclosed. John SF Ho as a qualified accountant should know that the balance sheet presented to ROS did not show a true and fair view.

(db) the description of any money or property, any pecuniary benefit or advantage received by the society from any person ordinarily resident outside Malaysia or an organization, authority, government, or agency of any government, outside Malaysia.

My comment:All monies received from Japan and Korea was never disclosed to ROS for many years.

16) Dispute resolution (1) if the registrar is of the opinion that a dispute has occurred among the members….. the society should within one month of the service of such a notice produce to him evidence of the settlement of any such dispute…

16 (2) if any such notice as is provided in subsection (1) is not complied with to the satisfaction of the registrar……the registrar may take steps to cancel the registration of the society under section 13.

30) Inspection of books by the members

A member……… may inspect the books of the society at all reasonable hours at the registered office of the society or at any place where the books are kept.

My comment: I have dealt with this in my previous post.