To incorporate a Malaysian company the following is required for the Company Commission of Malaysia (Suruhanjaya Syarikat Malaysia):
All documents filled with the Suruhanjaya Syarikat Malaysia are in English.
Incorporation takes approximately 14-21 days.
The incorporation documents must be submitted to the Suruhanjaya Syarikat Malaysia within 3 months of the company name being approved and reserved.
Foreigners are only allowed to register private limited companies (Sendirian Berhad - Sdn Bhd) that are limited by shares.
The minimum share capital for Sendirian Berhad is RM 500,000 (€100,000) for advisory, consultancy or other similar business activities. For business activities pertaining to imports, exports, restaurants and other similar forms of trading are required to have RM 1m and obtain a Wholesale and Retail Trade license from the Malaysian Ministry of Domestic Trade and Consumer Affairs.
A private limited company and is allowed to have a minimum of one and a maximum of forty-nine shareholders. Companies with foreign ownerships are required to apply for Foreign Investment Committee approval.
A minimum of two directors is required for a Malaysian company, at least one director must be resident in Malaysia.
All limited companies must appoint a licensed company secretary, who is an officer of the company. The secretaries duties are primarily to ensure the companies are adhering to the procedures set out in the Companies Act.
A company secretary must be a member of the Malaysian Institute of Accountants, a licenses secretary of Suruhanjaya Syarikat Malaysia, a member of the Malaysian Institute of Chartered Secretaries and Administrators or a lawyer in Malaysia.
It is required to submit the company name for approval to the Suruhanjaya Syarikat Malaysia, and on approval the name is reserved for three months.
A company name must end with "Sdn Bhd" to identify it as a private limited company.
We check that your Malaysian company name is acceptable and is not already incorporated with the Suruhanjaya Syarikat Malaysia.
Once incorporated we provide a set of corporate documents for your Malaysian company which, includes the Certificate of Incorporation, Memorandum of Association the Articles of Association and share certificates. Copies of the company incorporation documents are sent via email and the originals from the companies registry are sent to you in a corporate folder.
Your company must have a registered office in Malaysia, this is where documents may be legally served - we can provide a registered office in Malaysia.
It is compulsory for companies in Malaysia to hold an Annual General Meeting, with the possibility of extra ordinary and special meetings existing at the boards request.
Ready made companies are available in Malaysia and offer advantages such as immediate ownership of a Malaysian company and business activities can commence immediately. It also reduces the amount of paperwork and formalities associated with starting new company, creating a much simpler and quick process.