Malaysia Company Registration
Malaysia’s dynamic economy is supported by strong, stable trade relations with its neighboring countries.
Malaysia is a strategically located and economically vibrant nation in Southeast Asia, making it a prime destination for entrepreneurs and foreign investors. The process of company registration is streamlined and governed by the Companies Commission of Malaysia (Suruhanjaya Syarikat Malaysia or SSM) under the Companies Act 2016.
Understanding the key steps, requirements, and structures is crucial for a smooth and successful incorporation process.
Step by step Guidance
Company Name Selection and Reservation
Choosing a suitable name is one of the first essential steps in establishing your company in Malaysia. We assist in selecting a name that complies with local regulations and facilitate its reservation with the Companies Commission of Malaysia (SSM).
DocumentPreparation
The company formation process requires preparation of key documents such as the constitution (Memorandum and Articles of Association), details of directors and shareholders, and other statutory forms. Our team ensures all documentation is accurately prepared and submitted in line with regulatory standards.
Opening a BankAccount
Setting up a corporate bank account is a vital stage in launching your business in Malaysia. We streamline this process by connecting you with partner banks and guiding you through the necessary procedures to fulfill banking requirements efficiently.
Post-Registration Compliance
Staying compliant with Malaysian regulations after incorporation is crucial. We provide ongoing support to help you meet all mandatory reporting and filing obligations, including submission of annual returns and tax filings.
Selecting the Right Partner for Your Incorporation Journey
The success of your business incorporation in Malaysia greatly depends on selecting a professional and reliable service provider. Here are essential aspects to consider:
Proven Reputation
Evaluate the provider’s market standing through comprehensive research. Examine client testimonials, case studies, and references to verify their track record of successful registrations and client satisfaction.
Clear Pricing Structure
Choose a provider that maintains complete transparency in their pricing policy. Ensure all costs are clearly communicated upfront without hidden charges or unexpected fees throughout the process.
Local Expertise & Presence
Prioritize providers with established local operations. This ensures nuanced understanding of regulatory requirements, facilitates smoother communication, and enables prompt resolution of any challenges that may emerge.
Comprehensive Service Range
Consider providers offering end-to-end solutions – from initial registration to ongoing compliance support – ensuring seamless continuity throughout your business establishment journey.
Our Comprehensive Registration Services Include
✓ Issuance of the Official Company Registration Certificate
✓ Preparation of Resolutions for Corporate Bank Account Opening
✓ Proactive Follow-ups via Email or Phone to Secure Required Clarifications
✓ Certification of Three Sets of Company Registration Documents (Sections 14, 15, 17, and 58)
✓ Drafting of Resolutions and Minutes for the Initial Board of Directors’ Meeting
✓ Completion and Submission of All Necessary Registration Forms
✓ Full Handling of All SSM Registration Paperwork
✓ Convenient Delivery of Final Documents to Your Home or Office in Malaysia
FAQ
- Can Foreigners Establish Companies in Malaysia?
Yes, foreign individuals and entities are permitted to fully own a company in Malaysia. A key requirement is the appointment of at least one director who is a resident in Malaysia..
- When is the Financial Year End for Malaysia Companies?
Companies in Malaysia have the flexibility to choose any date as their financial year-end, with common choices being December 31 or June 30. The initial financial period must not extend beyond 18 months.
- Is Auditing Mandatory for Malaysian Companies?
Yes, all Malaysian companies are required to have their financial statements audited annually.
- What Documents are needed for Company Registration in Malaysia?
To register a company, you will need to provide the following:
- Proposed company name in English
- Registered local address
- Description of business activities
- Amount of registered capital
- Selected financial year-end
- Details of directors and shareholders, including share allocation
- Scanned copies of identity cards for all directors and shareholders; if using passports, supporting documentation must also be provided
- How Long Does the Process Take for Register a Company?
Under normal circumstances, the registration is completed within 3 to 5 business days, provided all documents are correctly submitted. Delays may occur if any information is missing, so we recommend ensuring all materials are prepared in advance.
- What Are the Qualifications to Serve as a Director in Malaysia?
- Must be at least 18 years old.
- Must not be bankrupt or have been convicted and imprisoned.
- Individuals over 70 require approval from at least 75% of shareholders to serve as a director in a public company or its subsidiary.
- How Many Directors Should a Company Have?
A minimum of one director residing in Malaysia is required. This ensures a local point of contact and facilitates regulatory compliance. Our Nominee Director service is available to help meet this requirement.
The maximum number of directors is determined by the company’s Articles of Association (e.g., not fewer than 1 and not more than 9).
- What Are the Key Responsibilities of a Company Director?
- Managing the company in line with its Articles of Association and applicable laws
- Disclosing any interests in contracts, properties, or official positions
- Fulfilling disclosure duties under Section 135 of the Companies Act 1965
- Reporting changes in personal details (e.g., address, resignation)
- Ensuring compliance with all corporate regulatory requirements
- What is the liability of a shareholder?
In a private limited company (Sdn Bhd), shareholders are not personally liable for company debts. Their liability is limited to any unpaid amount on the shares they hold, applicable in the event of winding up.
- What Is the Difference Between a Shareholder and a Director?
A shareholder owns part of the company through shareholding and is entitled to profits but is not involved in daily management.
A director is responsible for the company’s day-to-day operations and legal compliance, appointed to manage business activities.
- Why Opt for a Private Limited Company (Sdn Bhd)?
The Sdn Bhd is the most common business structure in Malaysia, offering separate legal identity from its owners. Directors benefit from limited liability, and the company name typically includes “Sdn Bhd” to indicate its status.
- What Are the Requirements to Form a Private Limited Company?
To incorporate an Sdn Bhd, the following must be provided:
- At least one shareholder (per Section 14 of the Companies Act)
- At least one resident director (per Section 122)
- A company secretary who is either:
- a) A member of a professional body recognized by the Ministry, or
- b) Licensed by the Companies Commission of Malaysia (SSM)