There are several options available for company incorporation in Malaysia, including:
1. Private Limited Company (Sendirian Berhad, SDN BHD) or Public Limited Company (Berhad, BHD)
These types of companies are limited by shares and have the following requirements according to the sections 14 and 122 of the Companies Act 2016:
· At least one shareholder
· At least one company director
· A company secretary
2. Sole Proprietorship or Partnership
Sole Proprietorship refers to a business entirely owned by an individual under their personal name, while Partnership involves ownership of minimum two and maximum 20 partners. These options cover various trade, commerce, professions, or profit-oriented activities, excluding those specified in the Registration of Businesses Act 1956 (ROBA 1956) and ROBA Rules 1957. Registration for Sole Proprietorship or Partnership can be done at the SSM counter or online through the Ezbiz portal (ezbiz.ssm.com.my) within 30 days of commencing the business. The registration can be done within five years.
3. Limited Liability Partnership (LLP)
LLP is an alternative business structure regulated by the Limited Liability Partnerships Act 2012. It is commonly chosen by professionals such as lawyers, chartered accountants, and company secretaries. LLP offers flexibility in terms of formation, maintenance, and termination, provides limited liability protection to partners (wherein debts are borne by the LLP’s assets and not the partners’ personal assets), and has the legal status of a corporate entity capable of suing and being sued.
Join the discussions