Malaysia Company Incorporation

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Malaysia Company Incorporation2023-08-03T15:32:48+08:00

At Paul Hype Page & Co, we specialize in helping entrepreneurs and businesses establish their presence in Malaysia through seamless company incorporation services. Whether you are a local entrepreneur or a foreign investor looking to expand your business into Malaysia, our experienced team is here to guide you through the process and ensure a smooth incorporation journey.

Kickstart Your Malaysia Company Incorporation Process

Here are the basic requirements to set up a company in Malaysia:

Download the full Malaysia company incorporation checklist now.

Check Your Company Name using our free tool!

How to Incorporate a Company in Malaysia

Step 1: Choose Your Company Name

Finding a suitable and memorable company name sets a strong foundation for business success. It is also important for your company’s chosen name to be in compliant with the regulations of the country. Check your company name in Malaysia using our free tool above.

Step 2: Your Malaysia Business Activity Code

The Malaysia Standard Industrial Classification (MSIC) code is a numeric code which the Department of Statistics of Malaysia have developed to classify business activities in an orderly manner. Search your primary business activity to find your Code that is required by SSM to complete your company incorporation.

Step 3: Apply for Business Licenses

Tap on our patented digital corporate services platform to fill up the information to generate filled-up company incorporation documents. All processes are done online – from form submission to signing of all documents.

Step 4: Open a corporate bank account

Ensure proper keepsake of your company’s finances by opening a corporate bank account. For foreigners setting up a company in Malaysia, you can opt for offshore bank account opening so no travel into Malaysia is required. Digital bank accounts are also available.

Step 5: Secure Your Malaysia Employment Pass

If you are a foreigner setting up a company in Malaysia, you will need to apply for a work visa to run your business operations. Our recommendation is the Malaysia Employment Pass (EP) – reach out to us, our Malaysia EP success rate for approvals is 93%.

Step 6: Adhere to annual reporting & compliance

After you’ve incorporated your company, you are bounded by the governmental regulations. These include corporate secretary activities, corporate tax filing, and more. Leave all compliance work to us and never miss a deadline – penalties are involved if you miss!

What Documents do I Need to Incorporate a Company in Malaysia?

To incorporate a company in Malaysia, the following documents are required:

  • A certified copy of the certificate of incorporation.
  • A certified copy of the foreign company’s registration.
  • A certified copy of the charter and the ‘Memorandum and Articles of Association’ of the foreign company.
  • The original copy of Form 13A.
  • Form 79 and Form 80.
  • A copy of the document showing the approval of the company name by the Companies Commission of Malaysia (SSM).
  • Power of attorney or memorandum of appointment.
  • A certified translated copy of any document that is not in English or Malay.

This is a checklist for foreigners who wish to incorporate your entity in Malaysia:

  • Certificate of incorporation
  • Memorandum and articles of association of the company
  • List of all foreign and local directors along with their respective powers
  • Memorandum of appointment or power of attorney issued by the foreign
    company intending to incorporate in Malaysia
  • Application and reservation documents for the company name
  • Email confirmation of the approved reservation of the company name
  • Statutory declaration made by the company’s agent
    Payment of registration fees

How Long Does It Take to Incorporate a Company in Malaysia?

The timeline for company incorporation in Malaysia is typically between 5 to 10 working days, subject to the accuracy of information provided and submission of required documents.

Your Questions, Answered

Starting a new company can be daunting – here are the top questions regarding Malaysia company incorporation that will clear your doubts!

Can a Business in Malaysia make use of more than one Business Structure at the same time?2023-08-01T09:33:14+08:00

Every business in Malaysia cannot be categorized as more than one business structure. Therefore, businesses in Malaysia cannot make use of more than one business structure at the same time.

What is M&A of a company?2023-08-01T09:29:25+08:00

M&A, or Memorandum and Articles of Association were documents that defines the relationship between the company and the outside. They also contain essential information about the company. It was mandatory for every company to have a Memorandum and Articles of Association, as encompassed in the prior Companies Act of 1965.

At present, the M&A are now collectively termed as the Constitution under the Companies Act of 2016.

What are the functions of a company Constitution?2023-08-01T09:28:44+08:00

The present Constitution functions as a contract that outlines the relationships and interactions between a company and its members, directors, and company secretary. It covers various aspects such as powers, responsibilities, roles, major activities, share allotment, dividend payment, share transfer, appointment/re-election/removal of directors, meeting conduct, and more.

Although having a company constitution is not mandatory in Malaysia, shareholders have the choice to adopt one either during incorporation or after the company is registered. It is advisable to adopt a constitution, especially when the company has more than one shareholder.

Can a single member/director also serve as the secretary of the company?2023-08-01T09:27:07+08:00

Yes, a single person who acts as both the director and the sole member of the company can also take on the role of the secretary. However, it is essential to note that the Companies Act 2016 prohibits certain acts from being performed in dual capacity. In cases where an act requires both a director and a secretary to be involved, these roles must be carried out by two different individuals.

Under the New Companies Act, can non-Malaysians be one of the directors? If yes, how?2023-08-01T09:23:06+08:00

A foreign individual has the option to establish a company as the sole shareholder. However, if they intend to be the sole director of the company as well, they must meet the requirement specified in section 196(4) of the Companies Act 2016.

This entails having a principal place of residence in Malaysia, indicating that they ordinarily reside in the country.

Why is residential status still required for directorship under the new Companies Act?2023-08-01T09:22:25+08:00

The Companies Act 2016, specifically section 196(4), stipulates that a director must ordinarily reside in Malaysia with a principal place of residence in the country. This requirement is applicable only to the minimum number of directors required for a company, which is at least one for a private company and at least two for a public company.

What are the preparations required for a holding company to establish a subsidiary in Malaysia?2023-08-01T09:25:23+08:00

A subsidiary is a separate legal entity from its parent company, responsible for its own debts and liabilities. To register a subsidiary in Malaysia, these are the brief preparations necessary:

  1. Register Company Name: Begin by reserving a company name through MyCoid, usually handled by the company secretary.
  2. Register with SSM: After obtaining name approval, proceed to officially register the company with SSM within 30 days.
  3. Office Registration: Within 14 days of incorporation, register a physical or virtual office, as it is a requirement for subsidiaries in Malaysia to have a registered office.

You can read more about subsidiary companies here.

What are the post-incorporation requirements after company registration?2023-07-27T16:33:40+08:00

After company incorporation, post-incorporation requirements include appointing a company secretary within 30 days, maintaining proper accounting records, filing annual returns and financial statements, and complying with tax obligations.

At Paul Hype Page, we understand that your journey doesn’t end with company incorporation in Malaysia. That’s why we offer a range of comprehensive post-incorporation services to ensure your business operates smoothly and remains compliant with legal and regulatory requirements such as:

1)    Corporate Secretarial Services

2)    Accounting and Bookkeeping

3)    Taxation Services

4)    Employment and HR Support

5)    Business Advisory Services

6)    Business Licensing Services

7)    Employment Pass and Work Visa Services

8)    Compliance and Renewal Services

9)    Advisory and Consultation

Can I change the company name after incorporation?2023-07-27T16:30:33+08:00

Yes, it is possible to change the company name after incorporation. However, the process involves certain legal procedures and requirements, including obtaining approval from the SSM.

Is it mandatory to have a physical office space for company incorporation in Malaysia?2023-07-27T16:27:59+08:00

Yes, a physical office space is required for company incorporation in Malaysia. The registered office must have a physical address within Malaysia where official documents can be sent and where the company’s statutory records are kept.

Can I incorporate a company in Malaysia as a foreigner overseas?2023-07-27T16:26:24+08:00

Yes. Whether you are a Malaysian or foreigner, we can support your Malaysia company registration remotely.

Furthermore, the Malaysian government encourages foreigners to invest and set up compaies in Malaysia! However, foreigners must have an employment pass and local residential address.

What are the types of companies that I can incorporate in Malaysia?2023-07-27T16:19:57+08:00

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.

What if I strongly need the declined name for Company Incorporation2020-04-28T11:40:05+08:00

The SSM allows appeals for declined names in writing showing the compelling reasons why the SSM should consider your appeal. The SSM has the discretion to make the final decision.

Why was my suggested Business Name not approved?2020-04-28T11:39:22+08:00

The SSM will turn down a suggested business name for the following reasons:

  • The proposed company’s name is similar to an existing company such that the closeness can be confusing to the public.
  • The proposed business’s name is banned by the Companies Act 2016.
  • The proposed firm’s name is incomprehensible for use as company name, for example, Eeren Najsm Mosassa
How fast will the SSM search for a suggested name?2020-04-28T11:38:35+08:00

The typical duration for rejection or approval is 1-2 working days.

Malaysia Company Incorporation Articles

Supplement your existing knowledge with additional insightful readings that we’ve crafted based on our years of experience.

Our Malaysia Corporate Incorporation Services

With a wealth of experience in registering businesses across Singapore, Malaysia, Indonesia, and Hong Kong, we know the ins and outs of the incorporation process. Our proven track record in facilitating successful company registrations speaks for itself. Let us guide you through a streamlined and hassle-free incorporation journey, helping you to complete company registration in no time.

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