Franchise (Amendment) Act 2020 And Its Subsidiary Legislation

• Published date: 18 October 2022
• Subject Matter: Corporate/Commercial Law, Corporate and Company Law, Franchising
• Law Firm: Wong Jin Nee & Teo
• Author: Ms Siau Kee

With the coming into force of the Franchise (Amendment) Act 2020 and its subsidiary legislation ("the Amendments") on 28 April 2022, the Amendments have brought along changes to the Malaysian Franchise Act 1998 ("the Act"). This Legal Alert is intended to provide a brief snapshot of the key changes made to the Act:

1. Foreign Franchisors

A foreign franchisor registered under Section 54 of the Act prior to 28 April 2022 shall be deemed to have been registered under Section 6 of the Act (previously interpreted to cover local franchisors and local master franchisees only).

Consequently, all provisions previously perceived to be applicable only to local franchisors and local master franchisees will now extend to foreign franchisors, and such provisions, include without limitation, the requirements to provide disclosure documents as part of the compulsory practice and the filing of annual report.

2. Period of Effectiveness and Renewal of Franchise Registration

The Amendments prescribe a period of five (5) years as the period of effectiveness for franchise registrations, which applicable to all franchisors, regardless of whether they are registered before or after 28 April 2022. After such period, the franchise registrations may be renewed by applying to the Ministry of Domestic Trade and Consumer Affairs (MDTCA) in a prescribed format with payment of the requisite renewal fee (specified as follows).

3. Changes to the Fees Payable to the MDTCA

The new fee structures* are as shown below:

Registration

Category	Processing Fee		Registration Fee		Total; Fee
	MYR	USD	MYR	USD	MYR	USD
Local Franchisor	50	12	1000	239	1050	251
Local Master Franchisee	50	12	1000	239	1050	251
Foreign Franchisor	50	12	5000	1191	5050	1203
Franchisee (of Local Franchisor)	20	5	–	–	20	5
Franchisee (of Local Master Franchisee)	20	5	–	–	20	5
Franchisee (of Foreign Franchisor)	50	12	1000	239	1050	251

Renewal

Category	Renewal Fee (valid for 5 years)
	MYR	USD
Local Franchisor	1000	239
Local Master Franchisee	1000	239
Foreign Franchisor	5000	1191

Application for amendment of supporting document (pursuant to Section 11 of the Act)

Category	Processing Fee
	MYR	USD
For all applicants	50	12

Note:

The amounts quoted in USD are for reference only and based on the exchange rate of USD 1 = MYR 4.20. The actual amounts will be charged at the prevailing exchange rate.

4. Registration of Franchisees

A franchisee of a foreign...