How to Set Up a Company in Malaysia
Updated on Thursday 20th July 2017
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Investors who want to expand their business activities in Malaysia should know that the registration process is rather simple and it is comprised of several compulsory steps which can be accomplished by the founding partners or with the help of our law office in Malaysia.
Incorporation process in Malaysia
The registration process of a new company in Malaysia is conducted by the Companies Commission of Malaysia (Suruhanjaya Syarikat Malaysia – SSM), a regulatory entity which was established in 2002.
According with the Companies Act 1965, businessmen interested in setting up a company in Malaysia can incorporate it under the following legal entities:
• company limited by shares;
• unlimited company.
An investor incorporating a company limited by shares can choose from the following types:
• private company – Sendirian Berhad (Snd. Bhd);
• public company – Berhad (Bhd).
The first step to incorporate a company is to propose a trading name and to verify at the SSM if that name is available. Our law office in Malaysia can help you propose three trading names or help you submit the request for the availability of the name, by completing the Form 13A CA.
Our attorneys in Malaysia invite you to watch the following video on the company set up process:
Requirements to register a company in Malaysia
The local legislation stipulates that a Malaysian company should have at least two directors, with a minimum age of 18 and who are residents in Malaysia. It is required to propose a company secretary and to submit a minimum authorized capital of RM 400,000. The business will have to be registered for value added tax, social security and for the Trade Register; it will also be needed to have a registered business address.
Incorporation documents in Malaysia
A newly formed company should submit to SSM the following documents:
• Memorandum and Articles of association, in which the directors and the company’s secretary are named;
• statutory declaration by a director (form 48A), in which the director will specify that he or she is not bankrupt and hasn’t been convicted for any crime;
• declaration of compliance;
• a letter from the SSM testifying the trading name of the company;
• a copy of the identity card of the directors and the secretary.
After these documents are submitted to SSM, the institution will issue a certificate of incorporation. If you need further information on the process of incorporating a company in Malaysia, please contact our Malaysian lawyers, who can provide you with assistance on this matter.