NEW REQUIREMENTS FOR DEVELOPER'S LICENCE AND A.P.

Application for a Housing Developer's Licence (DL)

1) Schedule A - Application for Housing Developer's Licence has been amended to include additional requirements as follows:

1. the production of the receipt of premium paid for land conversion;

2. the approved Form 9A or 7D of the National Land Code;

3. the approved pre-computational plan and a certificate of surveys from the Land Surveyors Board and any other proof of payment pertaining to the approval for conversion and sub-division;

4. an estimation statement of projection cash flow;

5. Form 24 or the latest form of annual return and Form 49 of the company;

6. F.I.C. approval, if any;

7. a cooperative society is also required to submit a copy of the rules or by-laws;

8. disclosure of office bearers is also required for cooperative society, statutory body or government agency;

9. to specify in the application form the name(s) of the holding company or subsidiary company(s) under the same management or group;

10. the statutory declaration stating to the effect that the applicant has complied with all the conditions set out in section 6(1) of the Act must include the words "and none of the present directors have been or are directly involved in the business of any licensed housing developer which has been wound up by the court."

11. the fee payable for the licence is increased from RM500 to RM 1,000 per year.

2) The DL is now in a new format as in Schedule B - the types of buildings and the number of units are now stated in the DL.

3) Renewal of DL must be made not later than 60 days before its expiry using Schedule C form. Additional requirement is a statement from the auditor that Section 7A of the Act in relation to the HDA Account has been complied with.

Application for Advertisement and Sale Permit

4) Schedule D - Application for Advertisement and Sale Permit - has been amended to require 3 copies of each type of the proposed advertisement in national language and the language that is being proposed to be submitted.

5) Besides the print media brochures, newspaper and signboards, other proposed media of advertisement that will be subject to similar conditions as existing print media advertisements now include internet, radio, television, video compact discs, and cinemas.

6) The format of the AP is now in the new Schedule E.

7) A new sub regulation has been inserted in the amended Regulations - "any advertisement and sale shall be in accordance with the advertisement and sale permit as approved by the Controller".

8) Any misrepresentation of the particulars or information in the application for AP is an offence under the Regulations. The word "misrepresentation" is now replaced by " misleading statement, false representation or description .

9) The fee payable for an AP is now increased from RM250 to RM500 per year.

10) More particulars are now required to be included in the advertisements, namely:

1. The validity dates of the DL and AP;

2. In addition to the name and address of the licensed housing developer and his authorized agent, if any, the name and address of the power of attorney holder or project management company must also be disclosed;

3. If the land is leasehold, the expiry date of the lease;

11) Application for renewal of the AP must be made not later than 60 days before its expiry using Schedule F.