Why Wildlife Conservation and Science (Malaysia) Bhd?
If you deal with the WCS Malaysia Program, you
will from time to time see references to "Wildlife
Conservation and Science (Malaysia) Bhd". Why?
The Wildlife Conservation Society is based in New York, and
operates legally under the terms of a charter from New York
State, originally granted to the New York Zoological Society (as
WCS was formerly known) in 1894. As a not-for-profit
organization, it is not registered as a corporation.
There is no easy way for foreign NGOs to operate in Malaysia.
Foreign companies can register branch offices with the Registrar
of Companies, but the Registrar of Societies has no
corresponding arrangement.
Wildlife Conservation and Science (Malaysia) Bhd (WC&S) is
the solution developed by lawyers in New York and Malaysia. It
is registered in Malaysia as a "company limited by guarantee"
under Section 14 (2) b of the Companies Act 1965. Such a
company does not have share capital and thus does not pay
dividends to shareholders. It is a form used by many charities
and trusts which operate on a not-for-profit basis, where any
surplus of revenue over expenditure is ploughed back into
charitable activities.
With effect from 1 Feb 2010, WC&S acts as the agent for the Wildlife Conservation Society,
and is authorized to pay and receive money on behalf of WCS and
the WCS Malaysia Program.