Group Supply Chain Management, Level 65, Tower 1, PETRONAS Twin Towers, KLCC, 50088 Kuala Lumpur. Tel.: 03-23313040 Web: http://www.petronas.com.my Partnering Us Licensing & Registration GENERAL GUIDELINES APPLICATION FOR PETRONAS LICENSE AND REGISTRATION E-maill: lrs_enquiries@petronas.com.my 24APR2012 General Guidelines ver3.1 ENG 24APR2012 General Guidelines ver3.1 - ENG
IMPORTANT NOTICE FOR APPLICANT
This General Guidelines is complimentary.
Applicant is advised to study and understand the content of this General Guideline. Clear understanding is important to ensure that the application submitted is complete and will be given due consideration. Requirements and procedures for application will be updated from time to time.
Applicant is advised to contact the Licensing and Registration Section directly for any general enquiry with regards to licensing and registration with PETRONAS or any enquiry regarding its application. PETRONAS shall not be liable for any problem that may arise in the event that the applicant deals with or engages a third party for the application of PETRONAS License or Registration.
For all License / Registration application, processing fee will be imposed as stipulated in item 7 Processing Fee Payment on page 9.
In case of conflict in meaning, the Malay version i.e. the Panduan Am Permohonan Lesen dan Pendaftaran PETRONAS prevails.
24APR2012 General Guidelines ver3.1 - ENG TABLE OF CONTENT Content Page 1. INTRODUCTION
1.1 License 1.2 Registration 1.3 Purpose of a valid License/Registration
1 2. GENERAL REQUIREMENTS FOR APPLICATION OF PETRONAS LICENSE / REGISTRATION 1 3. LICENSE / REGISTRATION APPLICATION INVOLVING A FOREIGN COMPANY 2 4. STANDARDISED WORK & EQUIPMENT CATEGORIES (SWEC) 3 5. PROCEDURE FOR APPLICATION OF PETRONAS LICENSE/REGISTRATION 5 6. TYPES OF APPLICATION
6.1 Application for New License/Registration 6.2 Application for Renewal of License/Registration 6.3 Application for License/Registration Extension of Scope 6.4 Application for Change of Principal 6.5 Application for Change in Mode of Operation 6.6 Application to Upgrade Registration to License 6.7 Application to Update Companys Profile 6.8 Updating Companys Information 6.9 Application for Deletion of SWEC 6.10 Application for Cancellation of License/Registration
5 7. PROCESSING FEE PAYMENT
7.1 Procedure for Payment of Processing Fee 7.2 Methods of Processing Fee Payment
8 8. APPLICATION PROCESS 9 9. APPLICATION RESULT 10 10. OPPORTUNITY TO PARTICIPATE IN TENDERS 10 11. ENQUIRIES AND CONSULTATION SERVICE AND ITS OPERATING HOURS 11 12. REMINDER 11
24APR2012 General Guidelines ver3.1 - ENG
TABLE OF CONTENT Content Page Appendix A: Document Checklist for New / Upgrading Registration to License Application
L1 Appendix B: Document Checklist for Renewal Application
L5 Appendix C: Document Checklist for Extension of Scope Application
L9 Appendix D: Document Checklist for Change of Principal Application
L11 Appendix E: Modes of Operation and List of Documents to be Enclosed
L12 Appendix F (a): Example of Shareholding Structure
L15 Appendix F (b): List of Documents to be Enclosed for Shareholding Structure
L16 Appendix F (c): Bumiputera Equity Shareholding for Berhad Company (For License / Registration Renewal Application Only)
L18 Appendix G: List of Equity Breakdown and Board of Directors for Berhad Companies
L20 Appendix H: Organisation Chart Including Management and Technical Staff
L22 Appendix I: Personal Information of Management and Technical Staff
L23 Appendix J: Guideline for Agency Appointment Letter and Exclusive Agency Agreement
L24 Appendix K: Information on Factory / Workshop and List of Equipments
L27 Appendix L: Guideline for Health, Safety and Environment (HSE) Management System
L29 Appendix M: Document Checklist for Updating Companys Profile
L31
24APR2012 General Guidelines ver3.1 - ENG 1
1 INTRODUCTION
1.1 License
1.1.1 Issuance of PETRONAS License is based on the Petroleum Development Act and Petroleum Regulations 1974. Based on this Act, an entity that wishes to provide goods/services to the upstream sector in the oil and gas industry in Malaysia must have a valid license issued by PETRONAS.
1.1.2 A license is required for any entity that wishes to supply goods / services for the upstream sector in the oil and gas industry in Malaysia (which involves exploration, development and production of oil and gas).
1.2 Registration
1.2.1 PETRONAS has made a policy that requires an entity to register with PETRONAS before participating in Tender and activities in the downstream sector in order to monitor the development activities in this sector.
1.3 Purpose of a valid License/Registration
1.3.1 With a valid License, an entity is allowed to supply goods / services to the upstream sector in the oil and gas industry in Malaysia and the downstream sector of PETRONAS Group of Companies, including maritime activities.
1.3.2 With a valid Registration, an entity is allowed to supply goods/services to the downstream sector of the PETRONAS Group of Companies, including maritime activities.
2 GENERAL REQUIREMENTS FOR APPLICATION OF PETRONAS LICENSE / REGISTRATION
Company must :
2.1 be registered with the Registrar of Companies (ROC) as :
2.1.1 Sdn Bhd (i.e. private incorporated) or Berhad/Bhd (i.e. public incorporated) company.
OR
2.1.2 Land Surveyor, Quantity Surveyor, Architect or other related professional bodies.
2.2 has a paid-up capital in the form of ordinary shares of not less than RM100,000 (for License application) and RM10,000 (for Registration application).
2.3 has a stable financial standing i.e. the shareholders fund must be positive.
2.4 meet the Bumiputera participation requirement for equity, Board of Directors, management and employee based on the Standardised Work and Equipment Categories (SWEC) applied (i.e. SWEC with a minimum Bumiputera requirement of either 30%, 51% or 100%).
Note:
i) The minimum Bumiputera participation percentage varies from scope to scope and also depending on the mode of operation. The minimum Bumiputera participation percentage for a particular SWEC can be found in the SWEC list published in the PETRONAS website and it may change from time to time.
ii) Company applying for the SWEC that requires a minimum of 51% Bumiputera content and has a Berhad Company as a shareholder and if the Bumiputera percentage does not meet the 2.4 condition during the renewal application, the Company is given flexibilty as long as the Berhad Company shares is held at least 35% by Bumiputera and the Bumiputera participation at the Board of Directors, Management and Company employees levels are not less than 51%. For
24APR2012 General Guidelines ver3.1 - ENG 2 example, please refer to Appendix F(c) Bumiputera Equity Shareholding for Berhad Company (for License / Registration Renewal Application Only).
iii) If SWEC applied requires 100% Bumiputera participation, the 100% requirement is only for equity, while the minimum Bumiputera requirement for the other levels are as follows:
75% minimum Bumiputera participation for Board of Directors, 75% minimum Bumiputera participation for Management, and 51% minimum Bumiputera participation for Companys employees.
2.5 registered with the statutory, professional or government bodies as required by the respective SWEC, as stipulated in the SWEC appendix.
2.6 has been appointed as an exclusive agent and having exclusive agency agreement if the mode of operation for the scope applied is agent. Appointment as agent must at least cover the oil and gas industry in Malaysia, the appointment letter was issued directly by the foreign manufaturer / principal and is addressed to the local agent. Appointment from stockist, representatives from distributor and manufacturer or local principal are not accepted.
3 LICENSE / REGISTRATION APPLICATION INVOLVING A FOREIGN COMPANY
3.1 Foreign company may also participate in tender and works in the upstream sector of the oil and gas industry in Malaysia, by :
3.1.1 appointing a local company as an exclusive agent representing them.The appointed agent company must apply for the PETRONAS License by complying to the general requirements for PETRONAS Licensing / Registration. Please refer to Item 2 above.
Example:
Diagram 1: Foreign company appoints local company as an exclusive agent
OR
3.1.2 Form a new Joint Venture (JV) company with a local company.
Joint Venture company may submit their license application to PETRONAS by complying to the general requirements for PETRONAS Licensing / Registration. Please refer to item 2 above.
Diagram 2 : Foreign company forms a Joint Venture (JV) with local company by forming a new JV company. PETRONAS l li ic ce en ns se ed d/ / r re eg gi is st te er re ed d w wi it th h Foreign company DEF Sdn. Bhd. f fo or rm m a a n ne ew w j jo oi in nt t v ve en nt tu ur re e DEF Sdn. Bhd. PETRONAS Foreign Company F Fo or re ei ig gn n P Pr ri in nc ci ip pa al l a ap pp po oi in nt ts s l lo oc ca al l c co om mp pa an ny y a as s a an n e ex xc cl lu us si iv ve e a ag ge en nt t l li ic ce en ns se ed d / / r re eg gi is st te er re ed d w wi it th h + ( (l lo oc ca al l c co om mp pa an ny y) ) GHI Sdn. Bhd. j jo oi in nt t v ve en nt tu ur re e b be et tw we ee en n f fo or re ei ig gn n a an nd d l lo oc ca al l c co om mp pa an ny y
24APR2012 General Guidelines ver3.1 - ENG 3
4 STANDARDISED WORK & EQUIPMENT CATEGORIES (SWEC)
4.1 SWEC is a work and equipment category relating to the requirements of both sectors, which are upstream and downstream in the oil and gas industry in Malaysia. SWEC is divided into two types as follows:
4.1.1 SWEC for Product PXXXXXXXX (Code begins with P)
4.1.2 SWEC for Services SXXXXXXXX (Code begins withS)
4.2 Every SWEC is divided into two to four levels and every SWEC has 9 digits.
Example:
Diagram 3: SWEC List
4.3 To access the SWEC list and Minimum Technical Requirements for related SWEC ( refer Diagram 3), Company is required to:
Access to the PETRONAS official website www.petronas.com.my Click Partnering Us (at the top right of the web page) Click Licensing & Registration Click Application Information Click Standardised Work and Equipment Categories (SWEC) and Minimum Technical Requirement (MTR) Download the relevant documents (if required).
4.4 Each SWEC will indicate the Application Type (i.e. L or R) and SWEC Category Indicator (i.e.General or Strategic)
4.4.1 Application Type L and R
Application Type SWEC Category Selection Guideline L Only applicants applying for License or has already been licensed with PETRONAS are allowed to apply for this application type. R Any applicants applying for License / Registration or has been licensed/registered with PETRONAS are allowed to apply for this application type.
Table 1 : SWEC Type Selection Guideline Application Type : L : License R : Registration Work Category Application Type Indicator
24APR2012 General Guidelines ver3.1 - ENG 4 4.4.2 SWEC category is divided as follows:
Strategic General
4.4.3 If the category that the Company wishes to apply is not listed in the SWEC list, applicant is advised to have a discussion with the Licensing and Registration Sections officer prior to selecting the SWEC closest to the scope that the Company intends to apply.
4.4.4 If a particular SWEC category is frozen, applicant is not allowed to apply for the SWEC.
Note: Applicant is advised to always refer to the latest SWEC and MTR Lists in the PETRONAS official website as they will be updated from time to time depending on the review.
4.5 Modus Operandi
Applicant is advised to refer to the SWEC list in the PETRONAS official website to find out the mode of operations offered for each scope. There are a few modus operandi as follows:
4.5.1 Self-operator
4.5.1.1 Self- operator is a company that carries out works using its internal resources such as workforce, expertise, facilities and equipment.
4.5.2 Agent
4.5.2.1 Agent is a Company that represents a foreign manufacturer / foreign principal for the upstream sector only.
4.5.2.2 Principal is a foreign manufacturing Company or a foreign Company that provides specialised services. The manner in obtaining the principal depends on the Companys initiative.
4.5.2.3 The Company need to produce valid agency appointment letter and exclusive agency agreement (sole representative) from the main principal.
4.5.2.4 For joint principal or manufacturer at the international level, the Company need to produce the agency appointment letter issued by the headquarter of the joint Company.
4.5.3 Dealer
4.5.3.1 Dealer is a Company that operates as a supplier of products which are produced by a local manufacturer.
4.5.4 Manufacturer
4.5.4.1 Manufacturer is a Company that makes and / or produces any material / product for usage which includes installation of parts through a manufacturing process.
4.5.4.2 Company must have the capability to produce products using their internal resources such as manpower (expertise), facilities and equipments as well as possess a valid registration with relevant bodies or agencies (please refer to SWEC for the relevant registration).
4.5.5 For mode of operation operator, self-operator, installer, chemical blender, fabricator, packager and system integrator, please refer to Appendix E Types of Operation and List of Documents to be Enclosed and related SWEC for supporting documents that is required to be submitted.
24APR2012 General Guidelines ver3.1 - ENG 5 5 PROCEDURE FOR APPLICATION OF LICENSE/REGISTRATION
5.1 All types of applications for PETRONAS License/Registration must be made through an online system known as Supplier Relationship Management (SRM) Registration of Supplier (ROS) or Supplier Self Service (SUS)
5.2 Company can only submit one application at any one time. If Company applying for license scopes only or license scopes and also registration, hence PETRONAS License certificate will be issued if the application is approved. If Company applying only for registration scopes, hence, PETRONAS registration certificate will be issued when that application is approved.
5.3 During the application of license/registration for new, renewal, extension of scope, Company may apply any number of SWEC they wish as long as they fulfill the SWEC and MTR requirements, if any, for the scopes applied.
5.4 Company is also allowed to add SWEC during application for renewal of License/Registration.
6 TYPES OF APPLICATION
6.1 Application for New License/Registration
6.1.1 Application for New License / Registration need to be made if the company has never been licensed / registered with PETRONAS or its License/Registration has expired more than two (2) years and the company has not applied for renewal of its License/Registration within 2 years of its License/Registration expiry date.
6.1.2 Please refer Appendix A Document Checklist for New / Upgrading Registration to License Application for supporting documents required to be submitted together with the application.
6.1.3 Please refer to Item 7 Processing Fee Payment on page 9.
6.1.4 For application of new License / Registration, Company must apply online through the SRM ROS system.
6.2 Application for Renewal of License/Registration
6.2.1 License / Registration renewal application need to be made if the company wishes to renew its License/Registration that is near expiry date or its validity period had expired.
6.2.2 License / Registration renewal application must be submitted at least three (3) months before the expiry date of the License / Registration. Delay in renewing the License / Registration will affect the companys chances in participating in tender or quotation.
6.2.3 Please refer Appendix B Document Checklist for Renewal Application for supporting documents required to be submitted together with the application.
6.2.4 Company is allowed to add new scope or drop existing scope during the License / Registration renewal application.
6.2.6 For application to renew License/Registration, Company must apply online through the SRM SUS system.
6.3 Application for License/Registration Extension of Scope
6.3.1 Application for extension of scope need to be made if company wishes to add scope of work to the existing licensed / registered scopes.
6.3.2 Please refer to Appendix C Document Checklist for Extension of Scope Application for supporting documents required to be submitted together with the application.
24APR2012 General Guidelines ver3.1 - ENG 6 6.3.3 Please refer to Item 7 Processing Fee Payment on page 9.
6.3.4 For application of extension of scope, Company must apply online through the SRM SUS system.
6.4 Application for Change of Principal
6.4.1 Application for change of principal need to be made if company wishes to change the existing principal to other principal.
6.4.2 Please refer to Appendix D - Document Checklist for Change of Principal Application for supporting documents required to be submitted together with the application.
6.4.3 Please refer to Item 7 Processing Fee Payment on page 9.
6.4.4 For application of change of principal, Company must apply online through the SRM SUS system.
6.5 Application for Change in Mode of Operation
6.5.1 Application for change in mode of operation need to be made if company wishes to change the modus operandi for a particular SWEC.
6.5.2 Company is advised to refer to the latest SWEC and MTR lists for the modus operandi that it wishes to apply.
6.5.3 Please refer to Appendix E - Modes of Operation and List of Documents to be Enclosed for the supporting documents required to be submitted together with the application.
6.5.4 Please refer to Item 7 Processing Payment Fee on page 9.
6.5.5 For application of change in mode of operation, Company must apply online through the SRM SUS system.
6.6 Application to Upgrade Registration to License
6.6.1 Application for upgrade Registration to License need to be made if the company wishes to upgrade its eligibility to be involved or participate in quotation / tender including the upstream activities.
6.6.2 For company that has a valid PETRONAS Registration, it may apply to upgrade its Registration to License if all the License requirements are met and its previous Registration scope(s) will be included in the new License.
6.6.3 Applicant must add at least 1 SWEC with Work Category Application Type L (i.e. License).
6.6.4 Please refer Appendix A Document Checklist for New Application / Upgrading Registration to License for supporting documents required to be submitted together with the application.
6.6.5 Please refer to Item 7 Processing Fee Payment on page 9.
6.6.6 For application to upgrade Registration to License, Company must apply online through the SRM SUS system.
6.7 Application to Update Companys Profile
6.7.1 Application to update companys profile is done when there is a change in the Companys shareholders equity, Board of Directors and management. Updating must be done within fourteen (14) days from the date of such change. Failure to do so may result in the PETRONAS License / Registration be suspended.
24APR2012 General Guidelines ver3.1 - ENG 7 6.7.2 Company may also apply for companys profile update to comply with the License / Registration special conditions (if any) as stated in the Attachment to the virtual certificate as shown in the example below:
Diagram 4: Example of Special Condition in the Attachment to the License / Registration virtual certificate
6.7.3 Company must adhere to PETRONAS License / Registration special conditions to ensure that the companys name is listed in the PETRONAS List of Licensed / Registered Companies (LLRC) throughout the License / Registration validity period.
6.7.4 In view that the SRM ROS and SUS systems are fully online, submission of supporting documents in complying to the License / Registration special conditions or for updating of the companys profile has to be done online. Submission of supporting documents through hardcopy, fax and email are not acceptable. 6.7.5 The processing time for updating of the License / Registration special conditions is five (5) working days after receipt of the application and its attached documents.
6.7.6 Company is required to submit documents as stated in Appendix M - Document Checklist for Updating Companys Profile.
6.7.7 For application to update companys profile, Company must apply online through the SRM SUS system.
6.8 Updating Companys Information
6.8.1 Company may update companys information such as change of address, telephone number, fax number, companys website, e-mail address, bank account and others through the SRM SUS system.
6.8.2 This application does not require approval from PETRONAS.
6.8.3 Company must ensure that all information updated is correct and true.
6.8.4 For application to update companys information, Company must apply online through the SRM SUS system.
6.9 Application for Deletion of SWEC
6.9.1 Application for deletion of SWEC need to be made if Company no longer supply the product or provide the service which has been approved earlier.
6.9.2 Every application to delete SWEC has to be supported with justification.
6.9.3 For application to delete SWEC, Company must apply online through the SRM SUS system.
24APR2012 General Guidelines ver3.1 - ENG 8 6.10 Application for Cancellation of License / Registration
6.10.1 Application for cancellation of License/Registration need to be made if Company no longer wish to supply goods or services to PETRONAS and the Production Sharing Contractors (PSC).
6.10.2 Every application to cancel License / Registration has to be supported with justification.
6.10.3 For application to cancel License / Registration, Company must apply online through the SRM SUS system.
7 PROCESSING FEE PAYMENT
7.1 Procedure for Payment of Processing Fee
7.1.1 Effective from 1 July 2011, every application for PETRONAS License and Registration will be imposed processing fee of RM100 for each SWEC applied.
Example:
If Company submits for New, Renewal or Extension of Scope application for 5 SWEC, Company needs to pay an amount of RM500, i.e. RM100 x 5 SWEC.
7.1.2 For Change of Principal application, processing fee imposed is RM100 for each Principal.
7.1.3 Please refer Table 2 Processing Fee for each type of application.
Table 2: Processing Fee for each Type of Application
7.1.4 Application involving visit to location (i.e. site visit)
7.1.4.1 Applications which involve site visit are for mode of operation manufacturer, assembler, chemical blender, fabricator, packager and system intergrator. Processing fees will be imposed for such applications at RM100 for each SWEC and RM1000 for site visit to each location.
7.1.4.2 Payment of processing fee amounting to RM100 for each SWEC is to be paid prior to submission of application for mode of operation of manufacturer, assembler, chemical blender, fabricator, packager and system intergrator.
7.1.4.3 Payment of processing fee for visit to each location (site visit) will only need to be paid if company receives a notification email from PETRONAS Licensing and Registration Section with regards to the payment of site visit fee.
Application Processing Fee imposed New RM100 for each SWEC Renewal RM100 for each SWEC Extension of Scope RM100 for each SWEC Upgrading Registration to License RM100 for each SWEC Change in Mode of Operation RM100 for each SWEC Change of Principal RM100 for each Principal Application involving site visit RM100 for each SWEC and RM1000 for every site visit to the location
24APR2012 General Guidelines ver3.1 - ENG 9 7.1.4.4 Payment of processing fee for site visit must be made in the form of bank draft under the name of PETRONAS and send to the Licensing and Registration Section at the following address:
PETRONAS Licensing and Registration Section Level 65, Tower 1, PETRONAS Twin Towers, Kuala Lumpur City Centre (KLCC), 50088 Kuala Lumpur (For attention of Supervisor, Processing Unit)
Cash, money order or personal cheque will not be accepted.
7.1.4.5 Failure to submit the bank draft for the site visit fee may cause the application to be rejected.
7.1.5 If the payment of processing fee is less than the required amount, the Companys application may be rejected. While, any excess amount paid will not be refunded. As such, Company is advised to make payment with the exact amount to avoid the application be rejected.
7.2 Methods of Processing Fee Payment
7.2.1 Processing fee need to be paid accurately as proposed by the SRM ROS of SUS systems.
7.2.2 Processing fee must be paid to the PETRONAS bank account as follows :
Name of Recipient : PETRONAS Bank account : CIMB 98-001-000-300271
7.2.3 Processing fee payment can be done through the following methods:
Bank Payment Channel Payment Method CIMB Bank Berhad
1. BANK Counter Cash Deposit 2. Cheque Deposit Machine Cheque Deposit 3. BizChannel Intrabank Transfer
Table 3: Processing Fee Payment
7.2.4 For payment using outstation cheque, applicant is required to include the bank commission of RM0.50 to the total payment amount.
7.2.5 Company must attach copy of payment slip before submitting the online application through the SRM ROS or SUS system.
8 APPLICATION PROCESS
8.1 Only application that is complete and with sufficient processing fee will be processed by the License and Registration Section.
8.2 Processing time for application of new, renewal, extension of scope, change of mode of operation, change principal and upgrading from Registration to License is subject to the following processing time:-
8.2.1 Application for Strategic SWEC or that includesStrategic SWEC and General SWEC is one and the half (1 ) months after the application date.
8.2.2 Application for General SWEC is three (3) weeks after the application date.
24APR2012 General Guidelines ver3.1 - ENG 10 8.2.3 Application with mode of operation that requires site visit is 3 months or more.
8.3 If applicant did not receive any email with regards to the approval of the application after the stipulated processing time, applicant may check their Companys application status in the SRM SUS system.
8.4 Application that has been approved or rejected will be informed via the Companys registered email.
9 APPLICATION RESULT
9.1 For new and renewal application of License / Registration received by PETRONAS Licensing and Registration Section after 28 February 2011 and has been approved, will be given a validity period of three (3) years.
9.2 Result of application will be informed officially through the Companys registered email. For License that has been approved, Company will be imposed a License fee. Total license fee amount will be notified through a letter informing of License approval which will be sent via the companys registered email.
9.3 License fee to be paid is based on the companys paid-up capital and validity of the license as stipulated in the Petroleum Development Act 1974. Below is the table on license fee which is based on the paid up capital of the company.
Table 4: Annual license fee based on the paid-up capital of the Company.
9.4 License fee is required to be paid only for new, renewal and upgrading from Registration to License application only.
9.5 License fee must be made although Company has been charged processing fee during application submission as it is a requirement of the Petroleum Development Act 1974.
9.6 License fee payment must be made within 14 days from the date notification via email is sent to the company and in the form of bank draft under the name of PETRONAS. Cash, money order or personal cheque is not acceptable.
9.7 After license fee payment has been made, License virtual certificate and its Attachments are accessable via the SRM SUS system.
10 OPPORTUNITY TO PARTICIPATE IN TENDERS
10.1 Only Company that has valid license / registration is eligible to participate in PETRONAS and its Production Sharing Contractors (PSC) tenders as the Companys name is listed in the PETRONAS List of Licensed / Registered Companies (LLRC).
10.2 Although the Company is licensed / registered with PETRONAS, it does not guarantee for the Company to be invited / called to participate in tender. Company is encouraged to promote / introduce their products and services to PETRONAS subsidiaries and its Production Sharing Contractors.
10.3 If a licensed/registered company is invited to participate in a tender, the Company is required to participate actively. Failure to either respond or decline without valid reason for more than 3 times repeatedly in a particular SWEC code may result in the Company not being invited for future tenders for that perticular scope or may have impact on the Companys registration with PETRONAS.
24APR2012 General Guidelines ver3.1 - ENG 11 10.4 Certain companies are not listed in the PETRONASs LLRC although they have a valid License or Registration due to failure to comply to the special conditions of License or Registration imposed on them as stated in the Attachments to the License or Registration virtual certificates.
10.5 Company will also not be listed in the PETRONAS LLRC/eLLRC if its License / Registration has expired and has not been renewed.
11 ENQUIRIES AND CONSULTATION SERVICE AND ITS OPERATING HOURS
11.1 Company may obtain consultation service and make further enquiries with regards to PETRONAS licensing and registration, through the following:
11.1.1 Licensing and Registration Consultation Counter
Level 9, Tower 1, PETRONAS Twin Tower Kuala Lumpur City Centre (KLCC), 50088 Kuala Lumpur
Service Counter Operating Hours Day Time (Morning) Time (Afternoon) Monday Thursday 8:30 am 12:00 pm 2:30pm 4:00 pm Friday 8:30 am 11:30 am 3:00pm 4:30 pm
Call Centre Operating Hours Day Time (Morning) Time (Afternoon) Monday Thursday 8:30 am 12:45 pm 2:15 pm 5:00 pm Friday 8:30 am 12:15 pm 2:45 pm 5:00 pm
Table 6: Licensing and Registration Call Centre Operating Hours
12.1 Applicant is required to adhere to the condition and requirements of PETRONAS license/registration as stipulated in this General Guidelines, at all times.
12.2 Application will be rejected if application form is incomplete and did not include the required supporting documents or company has not complied to the general requirements for application of PETRONAS license/registration that have been set. As such, applicant is advised to understand this General Guideline thoroughly before submitting application through the SRM ROS / SUS system.
12.3 During the application process, Licensing and Registration Section Executive may contact the applicant in the event of abstruse. Applicant is required to give their best cooperation.
24APR2012 General Guidelines ver3.1 - ENG 12 12.4 Application by company which is owned by shareholder(s) or having director(s) who is/are a shareholder or director of another company which is licensed or registered with PETRONAS will not be given consideration if the scope(s) applied is/are the same. This is to avoid any conflict of interest that may arise.
12.5 For re-application of scope(s) which was disapproved by PETRONAS during the new or renewal application of License / Registration, applicant must apply for the Extension of Scope application and comply to the requirements that have been set. Please refer to Item 6.3 Application for Extension of Scope for License / Registration.
12.6 Successful applicant is requested to observe the general terms and conditions of License / Registration and the special conditions (if any) as stipulated in the License / Registration appendix.
12.7 Company is required to update information relating to changes in shareholders equity, Board of Directors and company management within fourteen (14) days from the date of change. Failure to do so may result in suspension of the PETRONAS License / Registration.
12.8 Company is required to give their co-operation to PETRONAS representative(s) during the audit visit to companys business premise and to allow them to check / copy documents required as well as interviewing the companys employees.
Appendix A 24APR2012 New Checklist ver3.1 - ENG L1
DOCUMENT CHECKLIST FOR NEW / UPGRADING REGISTRATION TO LICENSE APPLICATION
No. Document
Explanation and reminder
For Applicants Use 1. Copy of Form 9 (Certificate of Incorporation of Company) and Memorandum and Articles of Association (MAA) a.
b. Document indicating that the company was incorporated in Malaysia.
Document indicating the purpose of the companys incorporation, types of business carried out, authorised share capital, Board of Directors, shareholders and company secretary at the time of incorporation of the company.
2. Copy of latest Form of Annual Return of a Company Having a Share Capital
a. Document indicating the latest shareholding and Board of Directors as stated in the application.
b. If Company was incorporated less than 18 months from the date of license/registration application, this document is not required to be submitted.
c. If the Companys share is owned by other companies (Sdn Bhd or Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the latest Form of Annual Return of a Company Having a Share Capital for those companies.
d. Please refer to Appendix F (a) - Example of Shareholding Structure and Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
3. Copy of latest Form 24 (Return of Allotment of Shares) a. Document indicating additional shareholding as stated in the application.
b. Applicant has to submit all Form 24 which have been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital.
c. If the Companys share is owned by other companies (Sdn Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, the Company has to attach the latest Form 24 for those companies.
d. If Company is a Berhad Company, these documents are not required to be submitted.
e. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
4. Copy of latest Form 32A (Form of Transfer of Securities) (if any)
a. Document indicating transfer of share to new shareholders as stated in the application.
b. Applicant has to submit all Form 32A (if any) which have been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital.
c. If the Companys share is owned by other companies (Sdn Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the latest Form 32A for those companies. d. If Company is a Berhad Company, these documents are not required to be submitted. e. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
Appendix A 24APR2012 New Checklist ver3.1 - ENG L2
5. Copy of latest Form 49 (Return Giving Particulars In Register of Directors, Managers and Secretaries and Changes of Particulars)
a. Document indicating the latest member of Board of Directors as stated in the application.
b. Applicant has to submit the latest Form 49.
c. If the Companys share is owned by other companies (Sdn Bhd or Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the latest Form 49 for those companies.
d. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
6. List of Equity Breakdown and Board of Directors for Berhad Company a. Document indicating the latest list of shareholding and Board of Directors for Berhad Company.
b. If Company is not a Berhad Company, this document is not required to be submitted.
c. If Company is a Sdn Bhd Company and its share is wholly/partly-owned by Bhd company at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the list of equity breakdown and Board of Directors for those companies. Applicant has to complete Appendix G List of Equity Breakdown and Board of Directors for Berhad Company.
d. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information. 7. Latest Audited Annual Financial Report
a. Annual financial report must be audited, signed by the Commissioner of Oath and must not exceed 18 months from the companys financial year-end date.
b. If Company was incorporated less than 18 months from the date of the license/registration application, annual financial report is not required to be submitted.
c. The shareholders fund must be positive. If the shareholders fund is negative, the application will not be accepted.
d. If the Company is not a Sdn Bhd or Berhad, applicant has to submit its Financial Statement not exceeding 18 months from the companys financial year-end date.
8. Companys organization chart
a. The chart must indicate position, name, salary/allowance, EPF contribution, race and status for the management employees, technical employees and other key employees of the Company.
b. Please refer to Appendix H - Organisation Chart Including Management and Technical Employees for further information.
9. Personal information of employees
a. Document must indicate the personal information, academic qualification and experience for the management employees, technical employees relating to the scope(s) applied and other key employees.
b. Please refer to Appendix I - Personal Information of Management and Technical Employees for further information. 10. Document to confirm Companys permanent employees
a. For employee who contributes to the Employees Provident Fund (EPF), Company must submit copy of the EPF statement (Form A) issued by EPF for the latest 3 months together with the payment receipt or bank slip (if payment is made through the bank).
b. For members of the Board of Directors or employee who does not contribute to EPF, Company must submit copy of salary payment vouchers/slips for the latest 3 months.
Appendix A 24APR2012 New Checklist ver3.1 - ENG L3
c. For employee who has just joined, the Company is required to submit the offer letter of employee position and confirmation of acceptance by the employee. 11. Appointment letter and copy of agreement as exclusive agent
a. These documents are not required to be submitted if Company does not operate as an agent.
b. Please refer to Appendix J - Guideline for Agency Appointment Letter and Exclusive Agency Agreement for further information.
12. Copy of certificates from other Ministries / Departments / Government Agencies
a. Applicant has to submit copy of certificates required as stated in SWEC, MTR and in Appendix E - Modes of Operation and List of Documents to be Enclosed.
b. The certificates must still be valid and has not expired.
Example: i. Pusat Khidmat Kontraktor (PKK)
ii. Construction Industry Development Board (CIDB)
iii. Board of Engineers Malaysia (BEM) / The Institute of Engineers, Malaysia (IEM)
iv. Board of Architects Malaysia
v. The Energy Commission
vi. Department of Occupational Safety and Health Malaysia (for Certificate of Registration for Scaffolder or others) / National Institute of Occupational Safety & Health
vii. Manufacturing license from Malaysian Industrial Development Authority (MIDA) / Local council
viii. Commercial Vehicle Licensing Board (CVLB) (for Carrier License A, Public Services Vehicle or others) from Ministry of Entrepreneur and Co-operative Development.
ix. License for Tourism Vehicles Licensing Act from Ministry of Culture, Arts and Tourism Malaysia (KKKP)
x. Forwarding Agent License from Royal Malaysian Customs Department
xi. Board of Quantity Surveyors
xii. The Board of Land Surveyors
xiiii. Institute of Materials Malaysia (IMM)
xiv. Department of Enviroment (DOE)
xv. Atomic Energy Licensing Board (AELB)
xvi. Ministry of Domestic Trade and Consumer Affairs
xvii. Fire and Rescue Department
xviii Certificate of Competency (Master Mariner)
Appendix A 24APR2012 New Checklist ver3.1 - ENG L4
13. List of equipments (for modus operandi Self- Operated, Manufacturer, and others) a. The equipments listed must relate to each scope applied.
b. Please refer to Appendix K - Information on Factory / Workshop and List of Equipments for further information.
14. Health, Safety and Environment (HSE) Management System
a. Please refer to Appendix L - Guideline for Health, Safety and Environment (HSE) Management System for further information.
15. Copy of processing fee payment slip a.
b. Company has to submit copy of slip for the processing fee payment that has been made.
Please refer to subject 7 Processing Fee Payment for further information.
Appendix B 24APR2012 Renewal Checklist ver3.1 - ENG L5
DOCUMENT CHECKLIST FOR RENEWAL APPLICATION
No. Document
Explanation and Reminder
For Applicants Use 1. Copy of latest Form of Annual Return of a Company Having a Share Capital
a. Document indicating the latest shareholding and Board of Directors as stated in the application.
b. If Company was incorporated less than 18 months from the date of license/registration application, this document is not required to be submitted.
c. If the Companys share is owned by other companies (Sdn Bhd or Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the latest Form of Annual Return of a Company Having a Share Capital for those companies.
d. Please refer to Appendix F (a) - Example of Shareholding Structure and Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
2. Copy of latest Form 24 (Return of Allotment of Shares) a. Document indicating additional shareholding as stated in the application.
b. Applicant has to submit all Form 24 which have been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital.
c. If the Companys share is owned by other companies (Sdn Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, the Company has to attach the latest Form 24 for those companies.
d. If Company is a Berhad Company, these documents are not required to be submitted.
e. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
3. Copy of latest Form 32A (Form of Transfer of Securities) (if any)
a. Document indicating transfer of share to new shareholders as stated in the application.
b. Applicant has to submit all Form 32A (if any) which have been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital.
c. If the Companys share is owned by other companies (Sdn Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the latest Form 32A for those companies.
d. If Company is a Berhad Company, these documents are not required to be submitted. e. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
4. Copy of latest Form 49 (Return Giving Particulars In Register of Directors, Managers and Secretaries and Changes of a. Document indicating the latest member of Board of Directors as stated in the application.
b. Applicant has to submit the latest Form 49.
Appendix B 24APR2012 Renewal Checklist ver3.1 - ENG L6
Particulars)
c. If the Companys share is owned by other companies (Sdn Bhd or Bhd Company) at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the latest Form 49 for those companies.
d. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information.
5. List of Equity Breakdown and Board of Directors for Berhad Company a. Document indicating the latest list of shareholding and Board of Directors for Berhad Company.
b. If Company is not a Berhad Company, this document is not required to be submitted.
c. If Company is a Sdn Bhd Company and its share is wholly/partly-owned by Bhd company at the Shareholder Level or at the Sub-Shareholder Level, Company has to attach the list of equity breakdown and Board of Directors for those companies. Applicant has to complete Appendix G List of Equity Breakdown and Board of Directors for Berhad Company.
d. Please refer to Appendix F (b) - List of Documents to be Enclosed for Shareholding Structure for further information. 6. Latest Audited Annual Financial Report
a. Annual financial report must be audited, signed by the Commissioner of Oath and must not exceed 18 months from the companys financial year-end date.
b. If Company was incorporated less than 18 months from the date of the license/registration application, annual financial report is not required to be submitted.
c. The shareholders fund must be positive. If the shareholders fund is negative, the application will not be accepted.
d. If the Company is not a Sdn Bhd or Berhad, applicant has to submit its Financial Statement not exceeding 18 months from the companys financial year-end date.
7. Companys organization chart
a. The chart must indicate position, name, salary/allowance, EPF contribution, race and status for the management employees, technical employees and other key employees of the Company.
b. Please refer to Appendix H - Organisation Chart Including Management and Technical Employees for further information.
8. Personal information of employees
a. Document must indicate the personal information, academic qualification and experience for the management employees, technical employees relating to the scope(s) applied and other key employees.
b. Please refer to Appendix I - Personal Information of Management and Technical Employees for further information. 9. Document to confirm Companys permanent employees
a. For employee who contributes to the Employees Provident Fund (EPF), Company must submit copy of the EPF statement (Form A) issued by EPF for the latest 1 month together with the payment receipt or bank slip (if payment is made through the bank).
b. For members of the Board of Directors or employee who does not contribute to EPF, Company must submit copy of salary payment vouchers/slips for the latest 1 month.
c. For employee who has just joined, the Company is required to submit the offer letter of employee position and confirmation of acceptance by the employee. Appendix B 24APR2012 Renewal Checklist ver3.1 - ENG L7
10. Appointment letter and copy of agreement as exclusive agent
a. These documents are not required to be submitted if Company does not operate as an agent.
b. Please refer to Appendix J - Guideline for Agency Appointment Letter and Exclusive Agency Agreement for further information.
11. Copy of certificates from other Ministries / Departments / Government Agencies
a. Applicant has to submit copy of certificates required as stated in SWEC, MTR and in Appendix E - Modes of Operation and List of Documents to be Enclosed.
b. The certificates must still be valid and has not expired.
Example: i. Pusat Khidmat Kontraktor (PKK)
ii. Construction Industry Development Board (CIDB)
iii. Board of Engineers Malaysia (BEM) / The Institute of Engineers, Malaysia (IEM)
iv. Board of Architects Malaysia
v. The Energy Commission
vi. Department of Occupational Safety and Health Malaysia (for Certificate of Registration for Scaffolder or others) / National Institute of Occupational Safety & Health
vii. Manufacturing license from Malaysian Industrial Development Authority (MIDA) / Local council
viii. Commercial Vehicle Licensing Board (CVLB) (for Carrier License A, Public Services Vehicle or others) from Ministry of Entrepreneur and Co-operative Development.
ix. License for Tourism Vehicles Licensing Act from Ministry of Culture, Arts and Tourism Malaysia (KKKP)
x. Forwarding Agent License from Royal Malaysian Customs Department
xi. Board of Quantity Surveyors
xii. The Board of Land Surveyors
xiii. Institute of Materials Malaysia (IMM)
xiv. Department of Enviroment (DOE)
xv. Atomic Energy Licensing Board (AELB)
xvi. Ministry of Domestic Trade and Consumer Affairs
xvii. Fire and Rescue Department
Appendix B 24APR2012 Renewal Checklist ver3.1 - ENG L8
12. List of equipments (for modus operandi Self- Operated, Manufacturer, and others) a. The equipments listed must relate to each scope applied.
b. Please refer to Appendix K - Information on Factory / Workshop and List of Equipments for further information.
13. Health, Safety and Environment (HSE) Management System
a. Please refer to Appendix L - Guideline for Health, Safety and Environment (HSE) Management System for further information.
14. Copy of processing fee payment slip a.
b. Company has to submit copy of slip for the processing fee payment that has been made.
Please refer to subject 7 Processing Fee Payment for further information.
Appendix C 24APR2012 Extension of Scope Checklist ver3.1 - ENG L9
DOCUMENT CHECKLIST FOR EXTENSION OF SCOPE APPLICATION
No.
Document
Explanation and reminder For Applicants Use 1. Personal information of employees
a. Document must indicate the personal information, academic qualification and experience for the management employees, technical employees relating to the scope(s) applied and other key employees.
b. Please refer to Appendix I - Personal Information of Management and Technical Employees for further information. 2. Document to confirm Companys permanent employees
a. For employee who contributes to the Employees Provident Fund (EPF), Company must submit copy of the EPF statement (Form A) issued by EPF for the latest 1 month together with the payment receipt or bank slip (if payment is made through the bank).
b. For members of the Board of Directors or employee who does not contribute to EPF, Company must submit copy of salary payment vouchers/slips for the latest 1 month.
c. For employee who has just joined, the Company is required to submit the offer letter of employee position and confirmation of acceptance by the employee. 3. Appointment letter and copy of agreement as exclusive agent
a. These documents are not required to be submitted if Company does not operate as an agent.
b. Please refer to Appendix J - Guideline for Agency Appointment Letter and Exclusive Agency Agreement for further information.
4. Copy of certificates from other Ministries / Departments / Government Agencies
a. Applicant has to submit copy of certificates required as stated in SWEC, MTR and in Appendix E - Modes of Operation and List of Documents to be Enclosed.
b. The certificates must still be valid and has not expired.
Example: i. Pusat Khidmat Kontraktor (PKK)
ii. Construction Industry Development Board (CIDB)
iii. Board of Engineers Malaysia (BEM) / The Institute of Engineers, Malaysia (IEM)
iv. Board of Architects Malaysia
v. The Energy Commission
vi. Department of Occupational Safety and Health Malaysia (for Certificate of Registration for Scaffolder or others) / National Institute of Occupational Safety & Health
vii. Manufacturing license from Malaysian Industrial Development Authority (MIDA) / Local council
viii. Commercial Vehicle Licensing Board (CVLB) (for Carrier License A, Public Services Vehicle or others) from Ministry of Entrepreneur and Co-operative Development.
Appendix C 24APR2012 Extension of Scope Checklist ver3.1 - ENG L10
ix. License for Tourism Vehicles Licensing Act from Ministry of Culture, Arts and Tourism Malaysia (KKKP)
x. Forwarding Agent License from Royal Malaysian Customs Department
xi. Board of Quantity Surveyors
xii. The Board of Land Surveyors
xiii. Institute of Materials Malaysia (IMM)
xiv. Department of Enviroment (DOE)
xv. Atomic Energy Licensing Board (AELB)
xvi. Ministry of Domestic Trade and Consumer Affairs
5. List of equipments (for modus operandi Self- Operated, Manufacturer, and others) a. The equipments listed must relate to each scope applied.
b. Please refer to Appendix K - Information on Factory / Workshop and List of Equipments for further information.
6. Health, Safety and Environment (HSE) Management System
a. Please refer to Appendix L - Guideline for Health, Safety and Environment (HSE) Management System for further information.
7. Copy of processing fee payment slip a.
b. Company has to submit copy of slip for the processing fee payment that has been made.
Please refer to subject 7 Processing Fee Payment for further information.
Appendix D 24APR2012 Change of Principal Checklist ver3.1 - ENG L11
DOCUMENT CHECKLIST FOR CHANGE OF PRINCIPAL APPLICATION
No.
Document
Explanation and Reminder
For Applicants Use 1. Companys Official Application Letter
a. Official application letter from Company inidicating the relevant scope and affected Principals.
b. Official application letter must be submitted using the Company Letterhead.
2. Appointment letter and copy of agreement as an exclusive agent
a. Please refer to Appendix J - Guideline for Agency Appointment Letter and Exclusive Agency Agreement for further information and sample of exclusive agency appointment letter.
3. Termination letter and acceptance of termination as an exclusive agent from previous principal or to the previous principal (if applicable)
a. Letter indicating intention by Principal or Company to terminate agreement as agent and acceptance to terminate the exclusive agency agreement.
4. Termination letter as an exclusive agent from the new principal proposed to previous agent (if applicable) a. Letter from the proposed new principal to the previous agent indicating termination of Company as exclusive agent.
5. Letter on acceptance of termination from the previous agent to the new principal proposed (if applicable)
a. Letter from the previous agent to the proposed new principal indicating acceptance of termination as exclusive agent.
6. Copy of processing fee payment slip a.
b. Company has to submit copy of slip for the processing fee payment that has been made.
Please refer to subject 7 Processing Fee Payment for further information.
Appendix E 24APR2012 Modes of Operation Checklist ver3.1 - ENG L12
MODES OF OPERATION AND LIST OF DOCUMENTS TO BE ENCLOSED
Operation Code Types of Operation Important Attachments SO Self-operated (for services) a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store c. Other documents (please refer to relevant SWEC) AG Agent (for products or services) a. Exclusive agency appointment letter from principal and exclusive agency agreement with principal b. Document relating to principals company profile c. Other documents (please refer to relevant SWEC) D Dealer (for products) a. Other documents (please refer to relevant SWEC) M Manufacturer (for products) a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store c. Manufacturing license from Malaysian Industrial Development Authority (MIDA) or Local council d. Technical / commercial brochure for products e. Health, Safety and Environment Management System (HSE) f. Factory layout plan g. Manufacturing process flow chart h. ISO certification i. Other documents (please refer to relevant SWEC) O Operator (vessel operator or rig operator) For vessel operator: a. List of vessels b. Exclusive agency appointment letter from principal and bare boat charter agreement c. Certificate of Competent Mariner (Master Mariner) (please refer to SWEC) d. Certificate of registration for Vessel e. Vessel specification f. Other documents (please refer to relevant SWEC)
For rig operator: a. List of rigs b. Exclusive agency appointment letter from principal and exclusive agency agreement with principal c. Rig specification d. Other documents (please refer to relevant SWEC)
Appendix E 24APR2012 Modes of Operation Checklist ver3.1 - ENG L13
OO Owner-operator (Vessel owner-operator or rig owner-operator) For vessel owner-operator: a. List of vessels b. Certificate of Competent Mariner (Master Mariner) (please refer to SWEC) c. Certificate of registration for Vessel d. Vessel specification e. Copy of vessel construction agreement (if the vessel is under construction) f. Other documents (please refer to relevant SWEC)
For rig owner-operator: a. List of rigs b. Rig specification c. Rig certification d. Other documents (please refer to relevant SWEC) AS Assembler a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store c. Manufacturing license from Malaysian Industrial Development Authority (MIDA) or Local council d. Technical / commercial brochure for products e. Health, Safety and Environment Management System (HSE) f. Factory layout plan g. Manufacturing process flow chart h. ISO certification i. Other documents (please refer to relevant SWEC) CB Chemical Blender a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store c. Manufacturing license from Malaysian Industrial Development Authority (MIDA) or Local council d. Technical / commercial brochure for products e. Health, Safety and Environment Management System (HSE) f. Factory layout plan g. Manufacturing process flow chart h. ISO certification i. Other documents (please refer to relevant SWEC) F Fabricator a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store
Appendix E 24APR2012 Modes of Operation Checklist ver3.1 - ENG L14
c.
Manufacturing license from Malaysian Industrial Development Authority (MIDA) or Local council d. Technical / commercial brochure for products e. Health, Safety and Environment Management System (HSE) f. Factory layout plan g. Manufacturing process flow chart h. ISO certification i. Other documents (please refer to relevant SWEC) P Packager a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store c. Manufacturing license from Malaysian Industrial Development Authority (MIDA) or Local council d. Technical / commercial brochure for products e. Health, Safety and Environment Management System (HSE) f. Factory layout plan g. Manufacturing process flow chart h. ISO certification i. Other documents (please refer to relevant SWEC) SI System integrator a. List of equipment / machine / hardware / software / vehicle b. Document relating to factory / fabrication yard / workshop / store c. Manufacturing license from Malaysian Industrial Development Authority (MIDA) or Local council d. Technical / commercial brochure for products e. Health, Safety and Environment Management System (HSE) f. Factory layout plan g. Manufacturing process flow chart h. ISO certification i. Other documents (please refer to relevant SWEC)
Note :
For change in mode of operation, the documents stated above (based on the relevant mode of operation) must be attached with the official application letter using Company Letterhead indicating relevant scopes and mode of operations involved.
Appendix F (a) 24APR2012 Shareholding Structure ver3.1 - ENG L15
EXAMPLE OF SHAREHOLDING STRUCTURE
The diagram of the shareholding structure shown below is just an example. Company may not necessarily have the same shareholding structure as shown below.
Please refer to next page for further explanation for note 1, 2, 3, 4, 5 and 6
2 Company B (Sdn. Bhd.) Shareholder Level Sub-shareholder Level 4 Company E (Sdn. Bhd.) Individual D 5 Company F (Bhd.) 1 Applicant Company (Sdn. Bhd.) Individual A 3 Company C (Bhd.) EXAMPLE 1: Shareholder level 6 Applicant Company (Bhd.) EXAMPLE 2: Individual / Company
Individual / Company
Individual / Company
Individual / Company
Individual / Company
Individual / Company
Appendix F(b) 24APR2012 Shareholding Structure ver3.1 - ENG L16
LIST OF DOCUMENTS TO BE ENCLOSED FOR SHAREHOLDING STRUCTURE
Example 1 Note 1 If the applicant Company is a Sendirian Berhad Company, the applicant must submit: 1. Copy of the latest Form of Annual Return of a Company Having a Share Capital a. If the Company was incorporated for less than 18 months, this document is not required to be submitted. 2. Copy of Form 24 which has been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital a. If the Company was incorporated for less than 18 months, applicant must submit copies of all Form 24 issued since its incorporation. 3. Copy of Form 32A which has been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital a. If the Company was incorporated for less than 18 months, applicant must submit copies of all Form 32A issued since its incorporation. 4. Copy of the latest Form 49
Note 2 If there is a Sendirian Berhad Company at the Shareholder Level (for example Company B), applicant must submit: 1. Copy of the latest Form of Annual Return of a Company Having a Share Capital for Company B
a. If Company B was incorporated for less than 18 months, this document is not required to be submitted. 2. Copy of Form 24 which has been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital
a. If the Company was incorporated for less than 18 months, applicant must submit copies of all Form 24 issued since its incorporation. 3. Copy of Form 32A which has been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital
a. If the Company was incorporated for less than 18 months, applicant must submit copies of all Form 32A issued since its incorporation. 4. Copy of the latest Form 49
Note 3 If there is a Berhad Company at the Shareholder Level (for example Company C), applicant must submit: 1. Copy of the latest Form of Annual Return of a Company Having a Share Capital for Company C a. If Company C was incorporated for less than 18 months, this document is not required to be submitted 2. List of Equity Breakdown and Board of Directors for Berhad Company (Appendix G) for Company C. 3. Copy of the latest Form 49
Note 4 If there is a Sendirian Berhad Company at the Sub-shareholder Level (for example Company E), applicant must submit: 1. Copy of the latest Form of Annual Return of a Company Having a Share Capital for Company E a. If Company E was incorporated for less than 18 months, this document is not required to be submitted Appendix F(b) 24APR2012 Shareholding Structure ver3.1 - ENG L17
2. Copy of Form 24 which has been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital
a. If the Company was incorporated for less than 18 months, applicant must submit copies of all Form 24 issued since its incorporation. 3. Copy of Form 32A which has been issued after the date of the latest Form of Annual Return of a Company Having a Share Capital
a. If the Company was incorporated for less than 18 months, applicant must submit copies of all Form 32A issued since its incorporation. 4. Copy of the latest Form 49
Note 5 If there is a Berhad Company at the Sub-shareholder Level (for example Company F), applicant must submit: 1. Copy of the latest Form of Annual Return of a Company Having a Share Capital for Company F a. If Company F was incorporated for less than 18 months, this document is not required to be submitted. 2. List of Equity Breakdown and Board of Directors for Berhad Companies (Appendix G) for Company F 3. Copy of the latest Form 49
Example 2 Note 6 If applicant Company is a Berhad Company, applicant must submit: 1. Copy of the latest Form of Annual Return of a Company Having a Share Capital a. If the Company was incorporated for less than 18 months, this document is not required to be submitted. 2. List of Equity Breakdown and Board of Directors for Berhad Companies (Appendix G). 3. Copy of the latest Form 49
Appendix F(c) 24APR2012 Shareholding Structure ver3.1 - ENG L18
BUMIPUTERA EQUITY HOLDING FOR BERHAD COMPANY (for License / Registration Renewal Application Only)
Shareholder Level Sub-Shareholder Level
Company (Sdn. Bhd.) Individual Company (Bhd.) Applicant Company (Sdn. Bhd.) EXAMPLE 1: Applicant Company (Bhd.) * EXAMPLE 2: Individual
Individual
Company (Sdn. Bhd.)
Company (Berhad) * *Note: Bumiputera equity holding in Berhad Company must not be less than 35%.
*Note: Bumiputera equity holding in Berhad Company must not be less than 35%. Company (Sdn. Bhd.) Individual Company (Sdn. Bhd.) 100% Shareholder Level Appendix F(c) 24APR2012 Shareholding Structure ver3.1 - ENG L19
New Application 5% 5%
= 55% During Renewal Application 35%
= 39% (BM Equity Holding decreased) New Application 5% 5%
= 55% During Renewal Application 35%
= 45% (BM Equity Holding does not change) Individual Individual Company (Bhd.) Applicant Company (Sdn. Bhd.) SCENARIO 1: Bumiputera (BM) Equity Holding SCENARIO 2: Equity Holding during renewal Original Holding 45% Scenario 2 : Even though Bumiputera equity holding during renewal application is less than 51%, application is accepted based on the calculation below that is total calculation is more than 51%. Calculation example : Based on original holding that is 45% + 4% + 4% = 53%
= 43% (BM Equity Holding decreased) Original Holding
45% 4% 4% Original Holding
45% 2% 2% Bumiputera (BM) Equity Holding Scenario 3 : Bumiputera equity holding during renewal application is less than 51% based on the calculation below which is total calculation is less than 51%. As such, application is rejected. Calculation example : Based on original holding that is 45% + 2% + 2% = 49% Equity Holding during renewal
Equity Holding during renewal
Senario 1 : Even though Bumiputera equity holding during renewal application is less than 51%, application is accepted based on the calculation below that is total calculation is more than 51%. Calculation example : Based on original holding that is 45% + 5% + 5% = 55% Shareholder Level Appendix G 24APR2012 Equity Breakdown ver3.1 - ENG L20
LIST OF EQUITY BREAKDOWN AND BOARD OF DIRECTORS FOR BERHAD COMPANY
Total equity of ABC Berhad (12345-A)
Status Total number of share Value per share Total value of share Percentage (RM) (RM) (%) Bumiputera Non-Bumiputera Foreign Total 100%
List of Top 20 Shareholders for ABC Berhad (12345-A)
No. Name of Individual or Name of Company Individuals IC/passport no. or Companys ROC no. Total number of share Value per share Total value of share Percentage Individuals position / directors status Status (RM) (RM) (%) 1 (BM/NB/FG) 1 2 3 4 5 6 7 8 9 10 11 12 Appendix G 24APR2012 Equity Breakdown ver3.1 - ENG L21
13 14 15 16 17 18 19 20 Total 1 BM (Bumiputera) / NB (Non-Bumiputera) / FG (Foreign)
Certified by Company Director/Company Secretary:
Date:
Appendix H 24APR2012 Organisation Chart ver3.1 - ENG L22
ORGANISATION CHART INCLUDING MANAGEMENT AND TECHNICAL EMPLOYEES
Organisation chart must follow the format shown below (position, name, salary/allowance, EPF contribution, race and status must be stated). However, the position title in companys organisation structure normally varies from one company to another.
1 BM (Bumiputera) / NB (Non-Bumiputera) / FG (Foreign) Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG): Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG):
Chairman / Executive Chairman / President Chief Executive Officer / Managing Director / General Manager Manager Manager Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG):
Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG): Executive Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG) : Executive Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG):
Manager Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG) :
Executive Name : Salary / Allowance : EPF Contribution : Race : Status ( 1 BM/NB/FG):
EXAMPLE: Appendix I 24APR2012 Personal Information ver3.1 - ENG L23
PERSONAL INFORMATION OF MANAGEMENT AND TECHNICAL EMPLOYEES
Please include personal information for each management and technical employee using the sample form below. Applicant may make copies of this sheet for each management and technical employee.
Personal details Name
IC/passport no.
EPF membership no.
EPF contribution Qualification
Current position and main job scope
Current position
Main job scopes
Working experience with previous company
Company
Position
Main job scopes
Year and duration of employment
Appendix J 24APR2012 Agency Appointment and Agreement ver3.1 - ENG L24
GUIDELINE FOR AGENCY APPOINTMENT LETTER AND EXCLUSIVE AGENCY AGREEMENT
Guideline for Agency Appointment Letter
No. Key Items Explanation 1. Relevant parties a. The appointment letter must be between a principal and a local agent.
2. Date of appointment letter a. The appointment letter must be dated.
3. Address a. The appointment letter must be from principal and using the principals letterhead.
b. The appointment letter must be addressed directly to the local company applying for license with PETRONAS. Please state the name of person responsible in the appointed local company or agent. The phrase To whom it may concern is not accepted. c. The appointment letter must be from the principals head office. Appointment from regional office is not accepted. If the principal has appointed the regional office to appoint the agent, please submit the related document and acceptance letter from the regional office to accept that responsibility.
4. Duration of appointment a. Validity period and expiry date of appointment must be stated clearly. Minimum duration of appointment as an agent is 2 years and maximum is 5 years. If principal wishes to extend the duration of appointment to more than 5 years, principal has to renew the appointment letter.
5. Exclusive appointment status a. The status of agency appointment must be exclusive for the whole of Malaysia or for Malaysias oil and gas industry.
6. Service / product supplied to agent a. Service / product supplied must be stated clearly. 7. Territory covered in the appointment a. Appointment must at least cover the Malaysias oil and gas industry. Appointment based on regional (for example East Malaysia or West Malaysia) is not accepted. b. Appointment on project basis only is not accepted.
8. Name and position of signatories a. For agency appointment letter, full name and designation of the signatory from principal must be stated clearly.
Appendix J 24APR2012 Agency Appointment and Agreement ver3.1 - ENG L25
Name of Agent Full Address Postcode, Country. Attention: Full Name Designation
Dear Sir,
RE: EXCLUSIVE APPOINTMENT LETTER
We, (name of principal) hereby confirm that your company, (name of agent) has been appointed as our EXCLUSIVE AGENT specifically in oil and gas market in the territory of Malaysia for our product as follows:
This appointment shall be effective from the date .. for a period of . and must be renewed in writing before expiration.
Thank you.
Yours faithfully,
XY GmbH & Co. Full Name Designation
Note :
Appointment letter must be renewed before its expiry date.
SAMPLE Appendix J 24APR2012 Agency Appointment and Agreement ver3.1 - ENG L26
Guideline for Agency Agreement
No. Key Items Explanation 1. Relevant parties a. The agency agreement must be between a principal and a local agent.
2. Date of agency agreement a. The agency agreement must be dated.
3. Duration of agency agreement a. Validity period and expiry date of agreement must be stated clearly. The minimum duration of agreement is 2 years. If the duration of the agreement is not stated, the validity period of the appointment letter will be used.
4. Exclusive appointment status a. The status of agency appointment must be exclusive for the whole of Malaysia or for Malaysias oil and gas industry.
b. During the period of appointment, principal is not allowed to give rights to other individual or companies to represent or market products/services in the territory covered in the appointment.
5. Territory covered in the appointment a. Appointment must at least cover the Malaysias oil and gas industry. Appointment based on regional (for example East Malaysia or West Malaysia) is not accepted. b. Appointment on project basis only is not accepted.
6. Name and position of signatories a. For agency agreement, the full name and designation of signing parties from principal and agent must be stated clearly.
Appendix K 24APR2012 List of Equipments ver3.1 - ENG L27
INFORMATION ON FACTORY / WORKSHOP AND LIST OF EQUIPMENTS
Factory / fabrication yard / workshop / store Address
Area Ownership (please tick )
Self-owned
Rented Name of Owner (if rented)
Address of Owner (if rented)
Manufacturing license from Malaysian Industrial Development Authority (MIDA) / Local council License number License duration
Please include copy of certificate for the above manufacturing license.
Appendix K 24APR2012 List of Equipments ver3.1 - ENG L28
List of Equipments No. Equipment / machine / hardware / software / vehicle Quantity / Size / Area Ownership (self-owned / rented) Owner (if rented)
Appendix L 24APR2012 HSE List ver3.1 - ENG L29
GUIDELINE FOR HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT SYSTEM
Company applying for scope of service/product (Manufacturer, Fabricator, Assembler, Packager and Chemical Blender) must submit the documents as stated below:
Total Companys permanent employees HSE management documents to be submitted 1-39 a. Company HSE Policy Statement (The policy statement must be complete with signature and date. Policy statement which exceeds 5 years from the date of license/registration application is not valid). b. Companys HSE objectives and annual target. c. Companys organisation chart indicating the employee responsible towards the Companys HSE (HSE Focal Person). d. Companys HSE achievement report indicating accidents, frequency of loss time injury and frequency of cases recorded. e. The latest Minutes of Meeting of the HSE Management. 40-99 a. Company HSE Policy Statement (The policy statement must be complete with signature and date. Policy statement which exceeds 5 years from the date of license/registration application is not valid). b. Companys HSE objectives and annual target. c. Companys organisation chart indicating division/department/HSE unit. d. Organisation chart for HSE Committee Members (please refer to the format in the next page). e. Companys HSE achievement report indicating accidents, frequency of loss time injury and frequency of cases recorded. f. The latest Minutes of Meeting of the HSE Management. 100 a. Company HSE Policy Statement (The policy statement must be complete with signature and date. Policy statement which exceeds 5 years from the date of license/registration application is not valid). b. Companys HSE objectives and annual target. c. Companys organisation chart indicating division/department/HSE unit. d. Organisation chart for HSE Committee Members (please refer to the format in the next page). e. Copy of qualification certificate as Safety Officer (Competent Safety/HSE Officer) issued by JKKP (DOSH Certification). f. Companys HSE achievement report indicating accidents, frequency of loss time injury and frequency of cases recorded. g. The latest Minutes of Meeting of the HSE Management.
Appendix L 24APR2012 HSE List ver3.1 - ENG L30
The following diagram is an example of format for HSE Committee Members organisation chart for companies having 40 or more permanent employees:
1 Please include copy of qualification certificate as Safety Officer (Competent Safety/HSE Officer) from JKKP (DOSH Certification) for Company having 100 or more permanent employees.
Please be informed that Health, Safety and Environment (HSE) Management System is only applicable for relevant scopes as stated in SWEC. Name : Position : HSE Committee Chairman (Employers Representative) Committee Member (Employees Representative)
Committee Member (Employees Representative) Name : Position : Name : Position : HSE Secretary (HSE Manager/Safety Officer registered with JKKP 1 ) Name : Position : Appendix M 24APR2012 Update Company Profile ver3.1 - ENG L31
DOCUMENT CHECKLIST FOR UPDATING COMPANYS PROFILE
No. Updating Profile
Explanation and reminder
For Applicants Use 1. Change in Companys name
a. Official application letter from Company stating the change in the Companys name.
b. Copy of the latest Form 13 (Perakuan Pemerbadanan Atas Pertukaran Nama Syarikat) indicating the change in the Companys name as declared.
2. Increase in Companys shares
a. Official application letter from Company stating the increase in the Companys shareholding.
b. Copy of the latest Form 24 (Return of Allotment of Shares) indicating the increase of Companys shareholding as declared.
3. Increase in the Companys sub- shareholding
a. Official application letter from Company stating the increase in the Companys sub-shareholding.
b. Copy of the latest Form 24 (Return of Allotment of Shares) indicating the increase of Companys sub-shareholding as declared.
4. Companys share transfer
a. Official application letter from Company stating the transfer of Companys share to new shareholder(s).
b. Copy of the latest Form 32A (Form of Transfer of Securities) indicating the transfer of shares to the new shareholder(s) as declared.
5. Companys sub-share transfer
a. Official application letter from Company stating the transfer of Companys sub-share to new sub-shareholder(s).
b. Copy of the latest Form 32A (Form of Transfer of Securities) indicating the transfer of sub-shares to the new sub- shareholder(s) as declared.
6. Change in structure of Companys Board of Directors a. Official application letter from Company stating the change in the members of the Companys Board of Directors.
b. Copy of the latest Form 49 (Return Giving Particulars In Register of Directors, Managers and Secretaries and Changes of Particulars) indicating the latest member of Board of Directors as declared.
7. Change in Companys management employees a. Official application letter from Company stating the change in the Companys management employees.
b. Copy of the latest Companys organisation chart. Please refer to Appendix H - Organisation Chart Including Management and Technical Employees for further information.
c. Copy of document indicating the personal information, academic qualification and experience for the management employees. Please refer to Appendix I - Personal Information of Management and Technical Employee for further information.
Appendix M 24APR2012 Update Company Profile ver3.1 - ENG L32
d.
Copy of document confirming Companys permanent employees.
a. For employees contributing to Employees Provident Fund (EPF), Company must submit copy of the latest 1 month EPF statement (Form A) issued by EPF together with payment receipt or bank slip (if payment is made through bank)
b. For member of Board of Directors or employee who does not contribute to EPF, Company must submit copy of the latest 1 month salary payment slip / voucher.
c. For newly-joined employees, Company must submit the offer letter for the employees position and confirmation of acceptance of the position from the employee.
8. Change in the Companys Financial Year-End a. Official application letter from Company stating the change in the Companys financial year-end.
b. Copy of Board of Directors Resolution for Change in the Companys Financial Year-End.
9. Latest Audited Annual Financial Report
a. Official application letter from Company stating the submission of Audited Annual Financial Report in fulfilling the special condition of License / Registration.
b. Copy of the annual Financial Report must be audited, signed by the Commissioner of Oath and shareholders fund must be positive. If the shareholders fund is negative, application will not be accepted.
10. Appeal to extend the date of submission of the Audited Annual Financial Report a. Official application letter from Company stating the appeal to extend the date of submission of Audited Annual Financial Report in fulfilling the special condition of License / Registration.
b. Copy of unaudited Financial Report or Management Report.
c. Official application letter from Company from the Audit Firm confirming that the Companys Financial Report is still in process of audit and expected completion date.
11. Copy of certificate from other Ministries / Department / Government Agencies a. Official application letter from Company stating the submission of copy of certificate(s) from other relevant Ministries / Department / Government Agencies in fulfilling the special condition of License / Registration.
b. Copy of certificate(s) from other relevant Ministries / Department / Government Agencies.
12. Copy of appointment letter and agency agreement as exclusive agent a. Official application letter from Company stating the copy of appointment letter and agreement as exclusive agent in fulfilling the special condition of License / Registration.
b.
c. Copy of valid appointment letter and agency agreement in fulfilling the special condition of License / Registration.
Please refer to Appendix J Guideline for Agency Appointment Letter and Exclusive Agency Agreement for further information and sample of appointment letter.
Appendix M 24APR2012 Update Company Profile ver3.1 - ENG L33
13. Termination as an exclusive agent a.
b.
c.
d. Official application letter from Company stating the termination as an exclusive agent.
Copy of previous appointment letter and agency agreement.
Copy of letter of termination and acceptance as an exclusive agent from previous principal or to previous principal.
If Company has a new principal or previous principal merge with other principal, Company is encouraged to apply for Change of Principal.
14. Fulfilling the minimum Bumiputera requirement (at the Companys shareholders / Board of Directors / management and employee levels) a. Official application letter from Company stating the submission of documents in fulfilling the minimum Bumiputera requirement at the Companys shareholder / Board of Director / management and employee levels.
b. Shareholders level : i) Copy of the latest Form 24 (Return of Allotment of Shares); ii) The latest Form 32A (Form of Transfer of Securities); and iii) The latest Form of Annual Return of a Company Having a Share Capital.
c. Board of Directors level : i) Copy of the latest Form 49 (Return Giving Particulars in Register of Directors, Managers and Secretaries and Changes of Particulars).
d. Management level: i) Copy of the Companys latest organisation chart. Please refer to Appendix H Organisation Chart Including Management and Technical Employees for further information; ii) Copy of document indicating personal information, academic qualifications and experience for management employees. Please refer to Appendix I- Personal Information Of Management and Technical Employee; and iii) Copy of document confirming Companys permanent employees. For employees contributing to Employee Provident Fund (EPF), Company must submit copy of the latest 1 month EPF statement (Form A) issued by EPF together with payment receipt or bank slip (if payment is made through bank).
For member to Board of Directors or employee who does not contribute to EPF, Company must submit copy of the latest 1 month salary payment voucher / slip.
For employee who just joined, Company must submit the offer letter of employee position and confirmation of acceptance of the position from that employee.
e. Employees level : i) Copy of the Companys latest organisation chart. Please refer to Appendix H Organisation Chart Including Management and Technical Employees for further information; ii) Copy of document indicating personal information, academic qualifications and experience for management employees. Please refer to Appendix I- Personal Information Of Management and Technical Employee; and iii) Copy of document confirming Companys permanent employees. For employees contributing to Employee Provident Fund (EPF), Company must submit copy of the latest 1 month EPF statement (Form A) issued by EPF together with payment receipt or bank slip (if payment is made through bank).
Appendix M 24APR2012 Update Company Profile ver3.1 - ENG L34
For member to Board of Directors or employee who does not contribute to EPF, Company must submit copy of the latest 1 month salary payment voucher / slip
For employees who just joined, Company must submit the offer letter of employee position and confirmation of acceptance of the position from that employee.
15. Other Special Condition of License / Registration (example: Companys facilities, Companys experience, list of Companys equipment and others) a. Official application letter from Company stating the submission of documents in fulfilling special conditions of the License / Registration.
b. Relevant supporting documents.
Note:
For updating Companys profile or fulfilling special conditions of the License / Registration (if any), documents stated above (whichever that is relevant) must be submitted together with official letter from the Company (Companys letterhead).
Decision made for any appeal to update companys profile or fulfilling special condition of the License/Registration (if any) is at the discretion of the management of PETRONAS Licensing and Registration Section.
In view that the SRM ROS and SUS systems are fully online, submission of documents to meet the Licensing / Registration special conditions or updating companys profile must be through softcopy and sent via online. Submission of supporting documents via hardcopy, fax and email are not accepted.