Incorporate a Malaysia Company | Business Setup in Malaysia

INCORPORATING A MALAYSIAN COMPANY - Through this Malaysian company registration guide, you can gain an understanding of the process of registering companies in Malaysia, registering new companies in Malaysia, how to register a company in Malaysia There are a number of requirements that you must meet if you want to start registering a new company, register a company in Malaysia and operate business here in Malaysia.

We strongly recommend that you hire S&F Consulting firm ltd, the best Business Incorporation Package in Malaysia, to help you through this complex  process of registering Malaysian companies to establish your corporation or open company in Malaysia. Foreigners can register a 100% foreign-owned company in Malaysia, depending on the nature of the business.

What to expect when you enter a company in Malaysia

In general, the entire incorporation process in Malaysia will take 5 to 7 business days to complete. This includes registering your business in Suruhanjaya Syarikat Malaysia (SSM), the national regulatory body for registering companies in Malaysia.

The term of incorporation will depend largely on the accuracy and completion of the documents and the information provided. The speed of the process will also depend on the SSM online system.

The two types of companies that can be incorporated under the Companies Act of 2016 are:

Company limited by shares

A company that has a share capital can be incorporated as a private company (identified by the words 'Sendirian Berhad' or 'Sdn. Bhd.' Appearing together with the name of the company) or a public company 'Berhad' or 'Bhd' that appears along with the name of the company).

The requirements to start a company or open a company are:

(i) A minimum of one subscriber of the company's shares (Section 14 CA);

(ii) A minimum of one director (Section 122); Y

(iii) A company secretary who can be:

A person who is a member of a professional body prescribed by the Minister of Internal Trade and Consumers Cooperative; or

An individual licensed by the Malaysian Business Commission (SSM)

Both the director and the company secretary will have their main or only place or residence within Malaysia.

A. Incorporation procedures

Company Name Search Submission Application

A name search should be performed to determine if the proposed company name is available for registration of the Malaysian company or the company opened in Malaysia. See the Guidelines for naming a company and the Guidelines for applying a company name. The steps involved are:

Complete and submit Form 13A CA (Name Availability Request) to SSM; Y

Payment of a fee of RM30.00 for each name applied to the Malaysian company registration.

When SSM approves the name of the proposed company, it will be reserved for three months from the date of approval.

Submission of incorporation documents for company registration in Malaysia

Incorporation documents (as explained below in Part B below) must be sent to SSM within 3 months from the date of approval of the company name by SSM, in which case a New name search request before opening a company in Malaysia. (Steps (i) and (ii) above should be repeated).

B. Incorporation documents to be submitted to the SSM

Constitution (formerly known as Memorandum and Article of Association)

An original of the Constitution (formerly known as the Memorandum and Article of Association) will each be stamped at RM100.00. The stamps are placed in the stamp office of the Internal Revenue Board.

The first directors and secretaries will be appointed in the Constitution (formerly known as the Memorandum and Article of Association).

Subscribers of the company's shares must sign the Constitution (previously known as the Memorandum and Article of Association) in front of a witness.

Table A of the Fourth Program in the CA can be adopted as the Constitution of the company (Section 30 CA).

* NOTE: For the incorporation of a private company, the bylaws must contain the following stipulations.

(i) Restriction of the right to transfer the company's shares;

(ii) Limitation on the number of members not exceeding fifty;

(iii) Prohibition of any invitation to the public to subscribe the actions / obligations of the company;

(iv) Prohibition of public invitation to deposit money in the company.