Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
MALAYSIA VARIANTS
2010
Contents Page
Page Numbers
1. Notes and requirements in respect of the exams
Entry to Exams and Exemptions Constitutional and Ethical Compliance Requirements Progression New Legislation Appeals Procedure
2. Exam Structure
Foundation Paper 5
Company Law
18-26
Islamic Accounting, Auditing and Banking Practice Taxation & Tax Planning
27-31 32-36
1.
Progression
From registering as a student, all exam papers within Modules A - F must be completed within a 10 year period.
Foundation and Professional 1 Levels
In the Foundation and Professional 1 Levels, all subjects in a module must be taken together at the first attempt. Candidates must actually attend all subjects at the first attempt. Being absent for one or more
of the subjects will mean a candidate must take all of the subjects again. Individual passes in the Foundation exams will be credited but all three subjects in Module A must be passed before proceeding to Module B. Individual passes in the Professional Level 1 exams will be credited but all three subjects in Module C must be passed before proceeding to Module D.
Professional 2 Level
When entering the Professional Level 2 exams, students must enter at least any two papers from the final four exam papers: Paper 13 Financial Accounting 3, Paper 14 Financial Management, Paper 15 Professional Practice and Paper 16 Taxation & Tax Planning (including variant papers). Students can take more than two papers, up to a total of four papers. Any passes awarded will be retained. At the next consecutive exam students will be required to take at least any two exam papers which can include any previous failed paper(s). If only one exam paper remains outstanding the student will be required to take that paper at each subsequent exam session until a pass is achieved.
New Legislation
The Association will not set questions requiring detailed knowledge of new legislation until at least six calendar months after the last day of the month which the legislation received Royal Assent. However, candidates should be prepared to answer questions requiring knowledge of the principal aspects of that legislation at exams held within that period. Similar arrangements apply to accounting and auditing standards, guidelines and recommendations.
Appeals Procedure
The AIA as part of the Quality Assurance procedures, places a high emphasis on ensuring the exam scripts are marked to the highest standard; that each question is marked and the total marks awarded are recorded on the front cover of each exam script for review. Any scripts showing a marginal fail are automatically reviewed by the Examiner as part of the marking process and re-marked by a second marker as part of the Quality Assurance Procedures.
Making an Initial Enquiry
If you have received your exam result(s) and a fail has been awarded which you would like to query, AIA is pleased to provide information on the Quality Assurance Procedures conducted in the marking of your exam script(s) and to undertake an administrative check of the marks. You can e-mail the Senior Examinations Executive on: exams@aiaworldwide.com for details. If subsequently, you wish to proceed to making an appeal, then follow the instructions below.
Instructions on making an Appeal
It is appreciated that some students may wish to appeal against the marks awarded when a fail is recorded, therefore students should submit a letter of appeal in line with the following procedure: The letter of appeal should outline why the appeal is felt to be appropriate. The letter should be received at Head Office within six weeks of the date the exam results were released. The letter must state which paper the appeal is for and on what grounds it is felt to be appropriate. Appeals
received after this period cannot be accepted. In receiving the letter of appeal the Exam department will note the date the letter is received at Head Office, not the date it is posted. A fee of 50 must be paid with the letter of appeal. The fee can be paid as a sterling draft or by credit card. An appeal cannot be accepted unless the fee is paid. If you wish to appeal against the fail mark awarded for more than one exam paper, then the appeal fee is per paper. This means for example, if you wish to have your exam scripts re-marked for Paper 15 Professional Practice and Paper 16 Taxation and Tax Planning, then the appeal fee is 100.
Upon receipt of your appeal the exams team will confirm by letter (as an e-mail or by post) that your appeal has been received. The Senior Examinations Executive then undertakes an administrative check of the exam script prior to submitting the script for re-marking by an independent marker. You will be notified of the outcome of your appeal by letter within four weeks from the receipt of the appeal letter and fee. The outcome of an appeal may be a confirmation of the original decision or an overturning of this decision which may, in turn, lead to the awarding of a pass grade. You will be advised if the re-marked exam script(s) are awarded a pass or a fail, with feedback on your performance. Appellants do not have the right to view the exam script. If you are awarded a pass then the appeal fee will be refunded. If you are dissatisfied with the appeal process then as the appellant you can request an independent review. This request must be received by the exams section within two weeks of the date on your appeal results letter. Upon receipt of your letter confirming that you are dissatisfied with the appeal process, the script is sent to an independent reviewer (not an AIA examiner, moderator or employee) for review to ensure that the appeal process has been conducted appropriately. The independent review is not concerned with making judgements about candidates work in the exam; it is directly concerned with ensuring the appeal process has been conducted appropriately. As the appellant you will be notified of outcome of this review within two weeks of the request being received. If the independent reviewer judges that AIA has not complied with the appeal procedure, then the appeal fee will be refunded. Consideration of an appeal by the independent reviewer concludes the AIAs appeal procedure.
2.
Exam Structure
Foundation Level
Module A Module B
1 2 3
4 5 6
Professional Level 1
Module C Module D
7 8 9
10 11 12
Professional Level 2
Module E Module F
13 14
15 16
3.
Inter-relationships of subjects
Professional 1
11 Financial Accounting 2 10 Business Management 12 Management Accounting 2 9 Management Information 8 Company Law 7 Auditing
Professional 2
13 Financial Accounting 3 14 Financial Management 15 Professional Practice (Auditing) 16 Taxation & Tax Planning
4.
Syllabuses
The syllabuses set out on the following pages are as detailed as is practical but may include matters reasonably construed as implied or incidental. Candidates are reminded that questions in any paper in Professional 1 or Professional 2 may assume knowledge of the subject matter of other papers in that or earlier parts of the syllabus. The syllabus content of each subject is reviewed regularly and any changes made will be included in future editions of this handbook. Care should be taken to ensure that the current edition of the syllabus is used by regularly viewing the Associations website. The syllabuses are planned to take account of the attainment of theoretical knowledge and thereafter to progressively test the application of this knowledge in practical situations.
Reading Lists
The reading lists are indicative, those marked Essential being considered to represent the minimum reading necessary. In all cases the latest editions should be used. No undertaking is given that all topics are adequately covered by the textbooks listed. For this reason candidates should read widely and keep abreast of changes in law and practice, modern thinking, developments, etc by reading the publications of the Association and others relating to the accountancy profession, industry and commerce. Candidates must use the latest editions of the textbooks listed, ensuring that these deal with current law and practice.
Examinable Standards
All extant International Standards on Auditing, International Standards on Quality Control, International Financial Reporting Standards /International Accounting Standards are examinable, subject to the six months rule (refer to New Legislation).
International Accounting Standards (IASs) and International Financial Reporting Standards (IFRSs)
In Paper 1 Financial Accounting 1 candidates are required to have studied a limited number of IASs and IFRSs, however in Paper 11 Financial Accounting 2 the bulk of IASs and IFRSs are examinable. There are still some exclusions and these will be covered in Paper 13 Financial Accounting 3. Those studied for in Paper 1 are noted, as are those which are examinable in papers 5, 7, 11, 13 and 15. Note: Paper 15
15
11 12 16 17 18 19 20 21 23 24 27 28 29 31 32 33 34 36 37 38 39 40 41
Construction Contracts Income Taxes Property, Plant and Equipment Leases Revenue Employee Benefits Accounting for Governments Grants and Disclosure of Government Assistance The Effects of Changes in Foreign Exchange Rates Borrowing Costs Related Party Disclosures Consolidated and Separate Financial Statements Investment in Associates Financial Reporting in Hyperinflationary Economies Interests in Joint Ventures Financial Instruments: Presentation Earnings per Share Interim Financial Reporting Impairment of Assets Provisions, Contingent Liabilities and Contingent Assets Intangible Assets Financial Instruments: Recognition and Measurement Investment Property Agriculture
Note: Free website providing comprehensive information about IFRS: www.iasplus.com International Financial Reporting Standards (IFRS) Examinable in Paper 1 11 13 15 No Title 1 First time Adoption of International Financial Reporting Standards 2 Share-based Payment 3 Business Combinations 4 Insurance Contracts 5 Non-current Assets Held for Sale and Discontinued Operations 6 Exploration for and evaluation of Mineral Resources 7 Financial Instruments: Disclosures 8 Operating Segments Exposure drafts, discussion papers and IFRICs are not examinable at Paper 1 and Paper 11. These are examinable in Paper 13 but only an understanding of their basic principles is required.
International Standards on Auditing (ISAs) and International Standards on Quality Control (ISQCs)
The following lists of standards were produced as a guide to candidates for the November 2009 and both 2010 exam sessions. Candidates preparing for the November 2009 and May 2010 papers will not be penalised if they refer to the later versions of ISAs in their answers and so they will not be disadvantaged if they download the 2009 version of the Handbook of International Auditing, Assurance, and Ethics Pronouncements, which contains the latest versions of the standards.
A list of currently examinable ISAs and ISQCs is stated in the table. Note for Paper 5 Auditing & Taxation, the standard refers to Auditing Section A. Candidates can download the Handbook of International Auditing, and Ethics Pronouncements, which is available free of charge as a PDF file from the IFAC website: www.ifac.org, then click on standard setting bodies, then IAASB.
No
Examinable in Paper 5 7 15
AUDITS OF HISTORICAL FINANCIAL INFORMATION 200-299 GENERAL PRINCIPLES AND RESPONSIBILITIES 200 210 220 230 240 250 260 265 Overall Objectives of the Independent Auditor and the Conduct of an Audit in Accordance with International Standards on Auditing Agreeing the Terms of Audit Engagements Quality Control for an Audit of Financial Statements Audit Documentation The Auditor's Responsibilities Relating to Fraud in an Audit of Financial Statements Consideration of Laws and Regulations in an Audit of Financial Statements Communication with Those Charged with Governance Communicating Deficiencies in Internal Control to Those Charged with Governance and Management Examinable Papers 5 300-499 RISK ASSESSMENT AND RESPONSE TO ASSESSED RISKS 300 315 Planning an Audit of Financial Statements Identifying and Assessing the Risks of Material Misstatement through Understanding the Entity and Its Environment 7 15
320 Materiality in Planning and Performing an Audit 330 The Auditors Responses to Assessed Risks 402 Audit Considerations Relating to an Entity Using a Service Organization 450 Evaluation of Misstatements Identified during the Audit 500-599 AUDIT EVIDENCE 500 501 505 510 520 530 540 550 560 570 Audit Evidence Audit EvidenceSpecific Considerations for Selected Items External Confirmations Initial Audit EngagementsOpening Balances Analytical Procedures Audit Sampling Auditing Accounting Estimates, Including Fair Value Accounting Estimates, and Related Disclosures Related Parties Subsequent Events Going Concern
10
580 Written Representations 600-699 USING WORK OF OTHERS 600 Special ConsiderationsAudits of Group Financial Statements (Including the Work of Component Auditors)
610 Using the Work of Internal Auditors 620 Using the Work of an Auditors Expert 700-799 AUDIT CONCLUSIONS AND REPORTING 700 705 706 710 720 Forming an Opinion and Reporting on Financial Statements Modifications to the Opinion in the Independent Auditors Report Emphasis of Matter Paragraphs and Other Matter Paragraphs in the Independent Auditors Report Comparative InformationCorresponding Figures and Comparative Financial Statements The Auditors Responsibilities Relating to Other Information in Documents Containing Audited Financial Statements
800-899 SPECIALIZED AREAS 800 Special ConsiderationsAudits of Financial Statements Prepared in Accordance with Special Purpose Frameworks 805 810 Special ConsiderationsAudits of Single Financial Statements and Specific Elements, Accounts or Items of a Financial Statement Engagements to Report on Summary Financial Statements Examinable in Paper 5 7 15
INTERNATIONAL STANDARDS ON QUALITY CONTROL (ISQCs) NO 1 Title Quality Controls for Firms that Perform Audits and Reviews of Financial Statements, and Other Assurance and Related Services Engagements.
11
Malaysia Variants
Paper 5.
Aims
To examine the candidates knowledge and understanding of the basic principles of these two highly specialised areas of professional practice.
Learning Outcomes
Auditing
After successfully completing this section candidates should be able to: understand the nature and purpose of auditing describe the qualities, qualifications and actions to be carried out relating to the appointment and removal of an auditor describe the rights, duties and professional obligations of an auditor explain the process of planning an audit and the necessity for an appropriate audit programme taking into account audit evidence and audit risk explain the systems approach and the balance between tests of controls and substantive testing describe the audit evidence required in specified situations describe the audit work required at the final review and report stage of an audit
Taxation
Fig. 5 Inter-relationship of papers
7 Auditing
After successfully completing this section candidates should be able to: explain the elementary aspects of Malaysian taxation demonstrate an understanding of tax principles and concepts compute tax liability of individuals and corporations describe the administrative aspects under the Income Tax Act
12
Malaysia Variants
Candidates are required to answer one compulsory case study type question which carries 20 marks and two questions, each carrying 15 marks.
Section B Taxation
There are three compulsory questions on the three main syllabus areas of Employment Income, Business Income and Tax Computation. The allocation of marks is 20, 15 and 15. The question carrying 20 marks will focus on a comprehensive tax computation format. Fifty to seventy five per cent of the questions are essay based and twenty five to fifty per cent are computational. The total marks awarded to the paper are 100. Where appropriate the allocation of marks to individual parts of a question is stated.
Syllabus
Section A Auditing 5.1 Nature and Purpose
Topic Weighting 10%
Nature of auditing Objectives: true and fair view, materiality Private and statutory audits Scope of audit Impact of computers Standards and guidelines Advantages and expectations
5.2
The Auditor
Topic Weighting 10%
Qualities and qualifications Appointment: statutory provisions; professional matters: client screening, engagement letter, professional clearance Conduct Resignation Dismissal Rights and duties Professional ethics: integrity, objectivity and independence, confidentiality
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Malaysia Variants
5.3
The risk-based approach Ascertaining and evaluating internal control Documenting the system: flow charts; internal control questionnaires Audit programmes: development of a work programme; Staff and training issues
5.4
Audit testing: tests of controls and substantive testing with particular reference to sales, purchases, wages and cash Audit evidence Verification and valuation of assets and liabilities Statistical sampling: an appreciation Audit files and working papers Quality control
5.5
Reporting
Topic Weighting 10%
Final review stage: procedures, going concern evaluation, management representations; subsequent events Nature and purpose of report Content: the standard external audit opinion Modified reports: the form of audit report modified reports; determining and evaluating circumstances where a qualification is necessary The following standards are examinable: International Accounting Standards (IAS) 1, 2, 7, 10, 16, 18, 37 and 38 International Standards on Auditing (ISA) All current ISAs except for ISA 402, 510, 540, 550, 600, 710, 720 and 800. In addition, IFACs Code of Ethics for Professional Accountants is also examinable. The AIA adopted IFACs Code of Ethics and these can be viewed on the AIA website. Candidates should note that the level of knowledge and understanding expected of these pronouncements will be higher for Paper 7 Auditing than Paper 5 Auditing & Taxation.
14
Malaysia Variants
Section B - Taxation
The syllabus only covers provisions under the Income Tax Act 1967.
5.6
Basis of Taxation
Topic Weighting 5%
Scope of taxation Determination of resident status of individuals and companies Chargeable persons Classes of income Basis period
5.7
Employment Income
Topic Weighting 10%
Defining employment Derivation of employment income Types of employment income Basis periods Deductions Exemptions Computation of chargeable income
5.8
Business Income
Topic Weighting 10%
Business & Badges of Trade Commencement of business activity Gross income from business Basis periods Deductibility principles and tests Partnership computation Compute adjusted income
5.9
Taxation of dividends, interests, rent, royalties, pensions, annuities and periodical payments and other gains of a revenue nature Exemptions applicable to the above mentioned types of income Compute statutory income
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Malaysia Variants
Computation of capital allowance of plant, machinery and industrial buildings Qualifying Expenditure Initial, annual and notional allowances Disposals
Determination of: Statutory income Aggregate income Total income Chargeable income Tax payable and refunds Separate and joint assessments
Returns Assessments Appeals Payment and recovery of tax Offences and penalties
Ethics
Students are advised that the standards outlined in the IFAC code of Ethics for Professional Accountants are implicit in, and examinable throughout, the AIA syllabus. The Code can be accessed via the AIA website at www.aiaworldwide.com
16
Malaysia Variants
Veerinder on Taxation
Author: Publisher: ISBN: Veerinderjeet Singh Arah Publications 978933718382 Volume 1 978933718399 Volume 2
17
Malaysia Variants
Paper 8.
Aims
The main aim of Company Law (Malaysia) is to examine the candidates knowledge and understanding of the principles of Company Law and their application in Malaysia based on the available sources and authorities of Malaysian law such as the relevant local statutes and case law. The objective of the paper is to determine that students have: Comprehensive knowledge and understanding of the principles of Malaysian Company Law The ability to emulate the principles of Company Law in its practical sense; and The capability to apply relevant principles and procedure based on statutory provisions and judicial decisions of Company Law to practical scenarios The syllabus covers key areas of Company Law including:
Fig. 2 Inter-relationship of
Introduction to Company Law in Malaysia Incorporation The Capital Structures Management and Administration (control) Accounts and Audit Reconstruction and Arrangement Dissolution and Winding Up
4 Law 8 Company Law (Malaysia)
Learning Outcomes
After successfully completing this paper candidates should be able to: Explain and apply the principles of company law comprehensively and clearly, based on a sound knowledge and understanding of basic legal principles of Malaysian company law and practice Analyse practical scenarios and apply relevant legal principles and procedures Reach reasoned conclusions following the application of legal rules and procedures and critical in underlying arguments where necessary
18
Malaysia Variants
Syllabus
Candidates are expected to be familiar with the existing Companies Act 1965 being enforced and how the statutory provisions are to be applied. Candidates must also be able to understand the importance of other legal authorities such as judicial precedents (based on case law, priority to cases decided in Malaysia) and the statutes (Acts of Parliament of Malaysia) in relation to Company law. Therefore, other than the Companies Act 1965 as the main statute of reference, as well as its subsidiary legislation namely the Companies Regulations 1966, and other statutes that relate to the public listed companies matters such as the Securities Industry Act 1983 and Securities Commissions Act 1993 must also be noted.
8.1
This part of the syllabus covers: The sources of Company Law in Malaysia. This includes both written and unwritten laws. An example of written law is the statutes and in Malaysia is known as Acts of Parliament. On the other hand, case law is an example of unwritten law. Companies Act 1965 (Act 125) is an example of an Act of Parliament and shall be the basic reference for this paper. Candidates are also expected to understand the Companies Regulation 1966 the provisions therein complement the general provisions in the Companies Act 1965. From time to time, there will be reference to the English common law due to the Malaysian legal history and must be fully understood by the candidates the extent of its applicability in Malaysian cases and scenario. Candidates are advised to also note when the English law is not applied or where the differences are highlighted. The comparison between three business entities: company, sole-proprietorship and partnership The different types and classification of companies: e.g. - private and public companies - limited and unlimited companies - companies limited by shares compared to companies limited by guarantee
19
Malaysia Variants
- related companies that covers the relationship between holdings and subsidiary companies - foreign companies (if they are to run their business in Malaysia) In this context, it is necessary to know the characteristics of each company. Since these companies are different, comparisons and distinctions between these business entities are generally focused on their advantages and disadvantages.
8.2
Incorporation
This part of the syllabus covers:
Under this topic, candidates are expected to be able to understand the basic procedure to incorporate and register a company. Therefore, the candidates are expected to have sound knowledge of: The basic procedures and key documents relating to the formation and registration of a company (cross reference are to be made to the Companies Regulations 1966 in relation to the relevant forms to be applied) Relevant issues pertaining incorporation such as choice of companies names, reservation of name, share qualification and others. Candidates are also required to understand the reasons or rationale for those issues raised The functions, roles and liability of corporate promoters The meaning and effect of pre-incorporation contract based on Section 35 of the Companies Act 1965. Candidates must be aware that the position of pre-incorporation under the English common law is in total contrast compared to the position in Malaysia The effects of the ultra vires doctrine. Similarly, candidates must be able to grasp the difference of the concept of ultra vires in Malaysia compared to the position under the English common law The legal effects of incorporation based on Section 16(5) of the Companies Act 1965, and its relationship with the doctrine of separate legal personality from the case Salomon v A Salomon Co Ltd. [1897] AC 22. Candidates must also be able to understand the exceptions to the doctrine (also known as lifting of the corporate veil). Understanding the rules as illustrated in the cases as well as in the statutory provisions is crucial.
20
Malaysia Variants
Registration of companys Articles and Memorandum of Association Adoption of Table A of the Fourth Schedule as provided by Section 30 The effects of Memorandum and Articles of Association based on Section 33(1) of the Companies Act 1965 The rules relating to the alteration of Memorandum and Articles (the basic principles, limitation and effects)
8.3
Capital Structure
This part of the syllabus covers:
It is important for candidates to have knowledge of company finance that relates to: the nature and sources of funding provided by investors (usually the shareholders) and creditors (usually the debenture holders) of the company In this regards, candidates are expected to understand what is meant by nominal capital, issued capital, authorized capital, unpaid capital and paid-up capital is necessary In respect of share capital, it is important that candidates know: the nature of share capital and its relationship to the definition and nature of shares, different classes of shares (in particular ordinary shares and preference shares), issuance and allotment of shares (and its relationship to membership in companies) Issues on ownership of shares, either by way of transfer or transmission of shares and the relevant documents related to effect of the transfer or transmission of shares The rules on maintenance of capital (as governed under Section 67(1) of the Companies Act 1965) and the exceptions to the rules as well as the ruling under Section 67A enabling share buy-back in Malaysia The meaning of reduction of share capital (in contrast to shares issued at a discount and acquiring companys own shares) The procedure in the payment of dividend to the shareholders, and the meaning of share certificate estoppel With regards to loan/debt capital, it covers: The power of a company to borrow Nature of debentures and rights of debenture holders
21
Malaysia Variants
Charges- fixed and floating charge, meaning and definition Registration of charges and effect of registration under Section 108 Crystallization of charges (and its relation to the appointment of receivers and/or liquidators; and the companys state under receivership) and Priority of charges
Under this topic, it is necessary to understand: The meaning of prospectus and the liabilities attached thereto The different types of prospectus and the connection to the commencement of business that applies to public companies whether they are public listed or not General understanding of the listing requirements (KLSE Listing requirements) and what it means with regard to floatation in the KLSE as under the Securities Commission Act 1993 The meaning and nature of scripless trading and the enforcement of the Securities Industry (Central Depositories) Act, 1991 that enabled scripless trading to be exercised in Malaysia General understanding of the prohibited practice of insider trading (also known as insider dealing) as governed by the Capital Market and Services Act 2007 and the Securities industry Act 1983 (Note: these prohibited practices were governed by the Companies Act 1965; under 132A and 132B which were deleted by virtue of Clause 8 and 9 of the Companies (Amendment) Act 2007)
8.4
The appointment, removal, qualification and/or disqualification, powers, duties and responsibilities of Directors, Company Secretary and Auditor The position of company Directors including their duties of care and skill and the fiduciary duties of directors based on both statutory provisions and relevant cases The position of the Auditors their duties, responsibilities and privileges The position of Company Secretary their duties and responsibilities
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Malaysia Variants
Meeting
The different types of Meeting (Annual and Extra ordinary General Meeting AGM/EGM) and Statutory Meeting Convening of and procedure at Meeting (Quorum, Chairman, Minutes of Meeting, Notice of Meeting) The different types of resolution (Special and Ordinary resolution) and the significance of each resolution Votes show of hands and ballots Majority control rule and protection of minority shareholders
8.5
This part of the syllabus covers: The companys duties to keep accounting records and the nature of those records The duties of a companys director and auditors to ensure the requirements for the production of directors and auditors reports are issued The nature and requirements on the duty to lay financial reports (profits and loss accounts and balance sheet) before the members in general meeting Duties in relation to Financial Reporting - Financial records which must be sent to members, debenture holders and the Registrar of Companies Requirement for the Financial reports to be audited by auditors see Section 174 Rights of members to Financial reports and findings by the auditors
8.6
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Malaysia Variants
This part of the syllabus covers: The different types of arrangement and reconstruction (takeover, merger, amalgamation) Status of company under receivership compared to dissolution of companies, role and position of company receiver The position of the parties affected (directors, shareholders, creditors etc) by the reconstruction or arrangement of companies The procedures that must be followed as provided in relevant statutory provisions, for example in take-over reference to Securities Commission Act 1993, or any other scheme of arrangements that may include the compulsory acquisition of minoritys shares as in Section 176 of the Companies Act 1965 The governing bodies related to this topic of reconstruction of companies include Securities Commission, Registrar of Companies, Foreign Investment Committee, and Ministry of Finance etc. Thus, knowledge on relevant statutes such as the Securities Commission Act 1993 would be an advantage The effects of scheme of arrangement on the creditors, shareholders and members of the company
8.7
This part of the syllabus covers: The different types of dissolution (striking off from the register, winding up) The different types of winding up (compulsory and voluntary winding up, and what it means between members compared to creditors voluntary winding up) The basic procedures related to winding up which include the grounds for winding up The effects of commencement of winding up on the company, creditors, shareholders and employees of the company The duties and powers of the Liquidator and the order of payment of creditors.
24
Malaysia Variants
The Legal Relationships section of the Law module introduces candidates to different types of business entity, allowing comparisons to be made between partnerships and companies and introducing the concept of limited liability. This section also covers the concept of agency, which is essential in understanding the nature of the role of company directors.
Ethics
Students are advised that the standards outlined in the IFAC code of Ethics for Professional Accountants are implicit in, and examinable throughout, the AIA syllabus. The Code can be accessed via the AIA website at www.aiaworldwide.com
Essential Reading
You can purchase any of the books listed quickly and easily through the AIA website and Blackwells Online Bookshop, please visit the AIA recommended reading list webpage
Supplementary Reading
Concise Principles of Company Law in Malaysia (2004)
Author: Publisher: ISBN: Shanty Rachagan, Janine Pascoe, Anil Joshi Malayan Law Journal, Kuala Lumpur 9679626377
Statutes
Companies Act, 1965 (Act 125)
25
Malaysia Variants
Companies Regulation, 1966 Companies (Winding Up) Rules, 1972 Companies Commission of Malaysia Act 2001 (Act 614) Securities Industry Act, 1983 Securities Commission Act, 1993 Amendment to the Companies Act 1965 Candidates are advised to take note of any changes of the law as prescribed under any Amendment Acts that are issued and passed by the Parliament from time to time. Latest amendment: Companies (Amendment) Act 2007
26
8 Company Law
7 Auditing
11 Financial Accounting 2
The syllabus covers the following aspects relating to Islamic financial institutions, which are defined to include Islamic banks, Islamic insurance companies (Takaful), and Islamic investment funds: Contracts: Mudaraba, Musharaka, Murabaha, Ijara and Ijara Muntahia Bittamleek, Salam Istisnaa, Bai bithaman ajil, and Wakala AAOIFIs pronouncements Financial accounting statements and standards that have been developed for Islamic financial institutions Auditing standards for Islamic financial institutions Governance standards for Islamic financial institutions Codes of ethics for accountants, auditors and employees of Islamic financial institutions and key financial management issues relating to Islamic banks, namely capital adequacy ratio, liquidity management, risk management, and agency problems. The above syllabus draws primarily from the pronouncements of AAOIFI which is gradually becoming the standard-setting body of the Islamic banking and finance industry. This should help candidates to acquire knowledge that is more relevant for cross-border applications.
27
Learning Outcomes
After successfully completing this paper, candidates should have an understanding of: The definitions and basic characteristics of the contracts that govern the work of Islamic financial institutions The accounting, auditing, governance and ethical standards issued by AAOIFI. The intricacies of some of the key aspects of financial management of Islamic financial institutions.
This section carries 50% of the overall marks for the paper and includes two compulsory questions. The first and second question score 70% and 30% of the marks allocated to this Section respectively, i.e. 35 marks and 15 marks of the overall marks of the paper. While both questions attempt to ensure that candidates have a thorough understanding of AAOIFIs accounting, auditing and governance standards, the first question mainly focuses on examining the candidates ability to apply AAOIFIs accounting standards to complex transactions undertaken by Islamic financial institutions.
Section B
This section carries 50% of the overall marks for the paper and comprises a choice of two essay type questions out of three, each carrying equal marks, i.e. 25 marks each. In addition to AAOIFIs accounting, auditing, governance and ethical standards, the questions in this section cover the definition and basic characteristics of the various contracts that govern the transactions of Islamic financial institutions as well financial management aspects of Islamic banks.
Syllabus
15.1 Financial Accounting Statements and Standards for Islamic Financial Institutions
Topic Weighting 50%
This is the key area of the syllabus and will be examined as the compulsory question in Section A that scores the highest mark and may also be an optional question in Section B. Candidates must therefore have an in-depth understanding of all the financial accounting statements and standards issued by AAOIFI and are prepared to apply their knowledge of these pronouncements to complex transactions that are undertaken by Islamic financial institutions.
28
ASIFI is a key area of the syllabus. This key area may be examined as the second compulsory question in Section A and may also be an optional question in Section B. Candidates must therefore have a thorough understanding of what is required in the ASIFI with regard to the audit of Islamic financial institutions, the auditors report, the relationship of the external auditor with the Sharia supervisory board (SSB).
GSIFI is a key area of the syllabus. This key area may be examined as the second compulsory question in Section A and may also be an optional question in Section B. Candidates must therefore have a thorough understanding of what is required in the GSIFI with regard to the appointment, composition, dismissal, and report of the SSB, Sharia review, internal Sharia review, and audit and governance committee.
Financial management aspects of Islamic banks are a key area of the syllabus. This key area may be examined as the second compulsory question in Section B and may also be an optional question in Section A. Candidates must therefore have a thorough understanding of the purpose and calculation of the capital adequacy ratio for Islamic banks, and the key issues in the liquidity management, risk management, and agency problem of these banks.
This area will be examined as part of an optional question in section B. Candidates must have a thorough understanding of the codes of ethics issued by AAOIFI and be able to identify the additional requirements in these codes compared to the codes of ethics issued by the International Federation of Accountants.
This area will be examined as part of an optional question in section B. Candidates must be conversant with the definition and basic characteristics of the various contracts that govern the transactions of Islamic financial institutions.
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Ethics
Students are advised that the standards outlined in the IFAC code of Ethics for Professional Accountants are implicit in, and examinable throughout, the AIA syllabus. The Code can be accessed via the AIA website at www.aiaworldwide.com
Essential Reading
You can purchase any of the books listed quickly and easily through the AIA website and Blackwells Online Bookshop, please visit the AIA recommended reading list webpage
Published:
October 2002
30
AAOIFI Publications
Accounting, Auditing and Governance Standards for Islamic Financial Institutions Shariah Standards for Islamic Financial Institutions Statement on the Purpose and Calculation of Capital Adequacy Ratio for Islamic Banks
Articles
Occasional Papers
Website:
www.aaoifi.com
31
Paper 16.
Aims
To examine the candidates knowledge of: the advanced aspects of Malaysian taxation the application of the principles and concepts involving tax planning and tax compliance and the ability to provide a wholesome response to practical problems.
Fig. 3 Inter-relationship of papers 16 Taxation & Tax Planning (Malaysia)
Learning Outcomes
Upon completion, candidates are expected to be able to carry out compliance and advisory work in taxation. They should be able to appreciate the common tax planning issues and specific issues involving the chargeable entities and persons in Malaysia. Candidates are also expected to reasonably appreciate emerging economic and cross-border issues from the tax perspective.
This section scores 60% of the overall marks for the paper and consists of three compulsory questions. Candidates are required to answer all questions. The allocation of marks may not be equal. Question 1 is a 30 mark case study style question. This will be an integrated tax computation and compliance question. Question 2 and 3 are both 15 mark questions on integrated tax and planning involving income tax and related legislations. This section will focus on comprehensive tax computations and tax planning.
Section B
This section scores 40% of the overall marks for the paper and consists of two 20 mark questions out of a choice of three. The questions cover specific topics and developments in direct and indirect taxation. Where appropriate the allocation of marks to parts of a question will be stated.
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Fifty to seventy per cent of the questions are computational and thirty to fifty per cent of the questions are essay based. Candidates are expected to be familiar with contemporary issues and major case decisions.
Syllabus
The syllabus covers the following legislations: Income Tax Act 1967 Promotion of Investment Act 1986 Stamp Act 1949 Service Tax Act 1975 Sales Tax Act 1972
Taxation of income Deductibility of expenses Basis periods and change of accounting dates
Self-assessment system Company tax computations Imputation system and single-tier system Group re-structuring, liquidation and inter-company dealings Schedule 4B (Qualifying pre-operational business expenditure)
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Withholding taxes Double taxation treaties Transfer pricing E-commerce Cross-border financing, foreign branch, foreign source of income and subsidiaries of foreign companies and other permanent establishments Tax incentives under Labuan Offshore Financial Centre
Insurance, banking, sea and air transport undertakings Societies, associations, trade associations and clubs Property developers and contractors Charitable institutions Leasing transactions
All incentives under Income Tax Act 1967 Promotion of Investment Act 1986 Pioneer Status Investment tax allowance Promotion of exports Infrastructure allowance
Candidates should be able to identify opportunities to alleviate, mitigate of defer the impact of direct or indirect taxation including utilization of losses, capital allowances, restructuring business and non-business operations, structuring tax efficient transactions, choosing appropriate incentives and other measures appropriate to the situation.
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Tax audits and adjustments Distinction between tax avoidance and tax evasion Investigation powers of IRB Backduty computation Events that trigger audits & investigation
Ethics
Students are advised that the standards outlined in the IFAC code of Ethics for Professional Accountants are implicit in, and examinable throughout, the AIA syllabus. The Code can be accessed via the AIA website at www.aiaworldwide.com
Essential Reading
You can purchase any of the books listed quickly and easily through the AIA website and Blackwells Online Bookshop, please visit the AIA recommended reading list webpage
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Malaysian Taxation
Author: Publisher: ISBN: Alan Yeo Miow Cheng PAAC 9289274486
Veerinder on Taxation
Author: Publisher: Website: ISBN: Veerinderjeet Singh Arah Publications arahpendidikan.com.my 9789833718382 Volume 1 9789833718399 Volume 2
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