Malaysia with recent ranking given by the World Bank being considered as the top 6th country in the world as the easiest and friendliness in doing business. It is an upright place of growth in regard to its stability, affordable living with an abundance of business investment opportunities.

The registration of companies is done by Suruhanjaya Syarikat Malaysia (SSM) or known as the Companies Commission of Malaysia under the provision of Malaysian Companies act.

Types of Company registration in Malaysia:

In Malaysia the foreign investor can invest mainly in Two ways as described below:

1. Company Limited by shares: A company limited by shares can be incorporated by involving 100 % foreign ownership, either as a private limited company which can be identified through “Sdn. Bhd” which is appearing together with the company’s name or as a public limited company which can be identified through Berthed’ or ‘Bhd’ appearing together with the company’s name.

2. Unlimited Company: In this category also, an organization can be incorporated either as private or public limited company but the liability of its members must be stated in its Memorandum of Association as unlimited.

In Malaysia, foreigners are not allowed to incorporate sole proprietorship, enterprise or LLP companies in Malaysia.

Company Registration in Malaysia

Minimum requirements for company registration in Malaysia;

a. At least two directors;

b. At least two subscribers;

c. A Company secretary, who can either be a member professional body prescribed by the Minister of Domestic Trade Cooperative and Consumerism or an individual to whom license has been provided by the Companies Commission of Malaysia (SSM)

Procedure for company formation in Malaysia:

The first and foremost step in regards to incorporation is to check the availability of proposed name by Referring to Government Gazette, which provides Guidelines for Naming a Company and For Application of a Company Name.

Steps involved in filling a name availability application are:

The application is Filed in the Name application form 13A CA (Request for Availability of Name) with the proposed name along with the payment of prescribed fees for each name to SSM.

After receiving an application SSM will check and process the application, if the name is available then, the same must be approved by the SSM and shall be reserved for three months from the date of its approval.

Within the three months from the date of approval of name following documents need to be submitted to the SSM:

Memorandum and Article of Association A Statutory declaration by a Director or Promoter before the appointment that they are not a bankrupt and has also not been convicted and imprisoned for any prescribed offenses. A declaration by Company Secretary whose name is stated in the memorandum of association that all compliances relating to registration has complied. Along with the above documents, an original copy of name application form 13A, SSM letter approving the name of the company and a copy of the identity proof of each proposed director and company secretary needs to be submitted.

After the submitting of documents, if SSM is itself satisfy, to believe that all requirements as per the law have been compiled with a prescribed fee then, a Certificate of Incorporation is issued.

After the incorporation, the company shall obtain the required license/permit/approval from the relevant authorities before commencing the business.

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