Register a company in Malaysia

If you consider yourself as a business owner or a potential investor and is planning to invest a fortune to register a company in Malaysia. you would simply need to know these following things to register a company or any business in Malaysia:

Two officially appointed Directors who are said to be resident in Malaysia –

A business company has the right to appoint more than two directors in the company but at least two of them is said to be resident of Malaysia.

The company directors are said to be individuals or characters rather than company bodies as Malaysian Government does not recognize corporate directors. Many incorporation service providers i.e S & F Consulting Firm Limited established in Malaysia can help by offering nominee services to help a business company to meet this requirement.

Well such business advisory firms can help you with all aspects and issues needed to register a company in Malaysia and other countries around the globe.

Two officially appointed shareholders –

Well in most cases these shareholders appointed by the company is not said to be residence or nationality of Malaysia. Yet there are certain types of business which eventually require a majority of Malaysian ownership. Businesses owned and operated by Malaysian residents will advantage in case of bidding for government tenders and project.

An officially appointed company secretary –

To register a company in Malaysia it is vital to have company secretaries. These company secretary plays a mandatory and important role for handling company administration and filing in Malaysia. The official appointed company secretary is said to be licensed by the Malaysian Companies Commission (SSM) or be qualified as a lawyer or a qualified accountant.

 To register a company in Malaysia also requires valid business address –

Well to register a company or to run a business firm in Malaysia one needs to have their own premises or office in Malaysia. One can also pay to use the right to use someone else’s office address for his or her own company correspondence.

If you don’t have the perfect idea or location for your company address then the Business Advisory firms such as S & F Consulting Firm Limited can help to find one.

Share capital –

Well there is no limitation for share capital to register a company in Malaysia, hence one can chose whatever value to pay as share capital for their business entity.

Valid Bank Account –

It is essential to have a valid bank account in any corporate bank of Malaysia to register a company by proper means. The account name is usually designated under the Approved Company Name by SSM. (See here How to open bank account in Malaysia)

Now one should look at the two essential steps to be taken to register a company in Malaysia:

Step 1: Name Application:

This step is related to the availability and registration of the proposed company name given by the investors and company owners. To register a company in Malaysia one is asked to check the availability of the company’s name being proposed.

An authorized form is used to ensure the availability of the proposed name given by the business owners. The form involved is called Form 13A and can be requested from SSM. The form should be completed with all valid details and then submitted back to SSM again.

A flat fee of RM30.00 that is only valid for one proposed name is issued for the submission and approval procedure of the proposed name. The proposed name given by the company owner usually refers to the same name by which it is registered in the mother place of their business.

Step 2: Company Registration

This step simply starts from the point where the proposed name given by the company owners are approved – which means the name submitted can be used and be registered for future use.

Once again the company owners are asked to visit the SSM legal office and request for the Malaysia company registration form.

They must complete and compile the business registration form with all other necessary, valid and legal documents and submit to authorized member assigned in the SSM.

The submission of all this documentation along with the registration form must be done within 3 months after the proposed name is approved.

Document needed to register a company in Malaysia

For foreign company registration in Malaysia these following documents shall be submitted to SSM:

(1) An authorized copy of the certificate of incorporation of the foreign company.

(2) Authorized documents related to the foreign company’s charter, Memorandum, Articles of Association (AoA) and other important instruments that defines the constitution.

(3) Form 79 — Return by Foreign Company Giving Particulars of Directors and Changes of Particulars

Note: If the foreign company has directors, shareholders and board of members appointed and who are said to be resident of Malaysia then a memorandum stating this official’s powers must be executed over the foreign company and then submitted to SSM.

(4)   An authorized Power of attorney which simply pot rates the person (s) who are resident of Malaysia and are capable to take any decision or accept any sort of legal notice on behalf of the foreign company.

(5) Form 80 — Statutory Declaration

(6) Additional documents which includes:

1. Original certified copy of Form 13A
2. Authorized copy of the letter or proof sent from SSM approving the proposed name of the foreign company.

Company registration fees

Registration fees issued by the Malaysian Government to register a company in Malaysia:

1. For proper determination of registration fees, the share capital of the foreign company needs to be converted to the Malaysian currency.
2. Well In cases when the foreign company does not show any share capital then a flat rate of RM 1,000.00 has to be paid to SSM by the company.

CERTIFICATE OF REGISTRATION

Authorized department in the SSM issues a certificate of registration to the foreign company for register a company in Malaysia. This certificate approval mainly depends upon with the registration procedures and submission of all legal and valid Registration Documents.