- Company incorporation (Sdn Bhd, Berhad)
- Malaysia Company Incorporation Services
- Guide to Select Your Malaysia Company Names
- Guide to Malaysia Company Registration
Your company is under the obligation to file an annual return and other documents with Suruhanjaya Syarikat Malaysia (“SSM”). In addition, the Company Secretary traditionally maintains the company’s statutory registers listed below:
- > Register of company members
- > Register of company directors and company secretary
- > Register of application and allotments and return of allotments
- > Registers of transfer of shares, debenture holders, and charges related to the company
- >The company secretary should keep the company seal, share certificates, letters of allotment, the Memorandum and Articles of Association, and the Certificate of He or she should also arrange and provide notice for company meetings, and directors’ meetings. The company secretary, as an officer of the company, is liable, together with the company directors, for default fines and other penalties provided by the Companies Act 1965 and imposed by the SSM. We can provide this service for your company thereby ensuring compliance with these requirements.
- > Provision of a named Company Secretary
- > Upkeep and maintenance of the various Registers and Statutory Records
- > Liaising with SSM in respect of the Company’s secretarial and related affairs
- > Advisory on compliance with the requirements of the Companies Act, 1965 and other relevant prevailing statutory requirements
- > To arrange for and attend Board and General Meetings of the Company and the preparation of the minutes thereof
WHY MUST HAVE COMPANY SECRETARY
It is required by the Companies Act 2016 that every sdn bhd or berhad companies must have at least one company secretary appointed by the company.
The main role of a company secretary is to assist the board of directors to comply with all the requirements stated under the Companies Act 2016.
Procedure for Incorporate Sdn Bhd in Malaysia?
How long it takes to incorporate company in Malaysia?
Based on our past experience, the whole incorporation process will take 7 to 14 working days.
New Company Registration Time Table:
Company name search with SSM Malaysia
1 – 2 Days
Prepare SuperForm, we will prepare the registration documents
1 – 3 Days
Signing of documents by all directors & shareholders
Submission to SSM for registration of your new company
2 – 4 Days
Notice of Registration from SSM
2 – 4 Days
Total minimum working days required to get Company Number
7 – 14 Days
Note: The above timetable is merely estimated based on Bayabumi Sdn Bhd’s past experiences dealing with SSM over successful registration companies and it is however largely subject to any delay from SSM and also subject to the availability of the SSM’s MyCoID online system.
The Requirement to Incorporate Sdn Bhd?
Requirement to form a Sdn Bhd or private limited company are an below, based on Companies Act 2016 implemented with effective from 31.1.2017.
Information Required for Incorporation in Malaysia?
Below are the information required for incorporation
Requirement to be a Director in Sdn Bhd?
The person need to be:
Minimum aged of 18 and above
He or she is not bankrupt and imprisoned
He or she is not convicted whether within or outside Malaysia of any offence
Not imprisoned in past 5 years
Not restricted by the Company’s Constitution
Who Can Be Shareholder ?
Post Incorporation matter to Attend once the Company is fully Incorporated ?
Once the Malaysia Company has been incorporated, you may start your business immediately. But here are the few things to take note:
Can a Foreigner Set Up Company in Malaysia?
The answer is yes. Foreigners are allow to setup or incorporate a Private Limited Company, Sdn Bhd in Malaysia. The procedure of incorporation is same as the local. Do note that, a foreigner will be consider as a resident director if his principal place or place of residence is within Malaysia or he has employment pass or permanent resident pass in Malaysia. This allows the foreigner to register him or herself as the sole director.
If the foreigner is not a resident director then the Company has fulfilled the requirement under Section 122(1) of the Companies Act, 1965 – must have at least two (2) director who each has his principal place or only place of residence within Malaysia. This section is mainly to ensure that there is a point of contact in Malaysia and the purposes of enforcement.
Ultimately, a Malaysia resident is refer to a citizen or a permanent resident of Malaysia or a person with employment pass.
Can Foreigner Become a Director for a Sdn Bhd in Malaysia?
Any person aged above 18 years old can be appointed as director and before a person can be appointed as a director, he must lodge with SSM a statutory declaration (Form 48A) declaring that he or she is qualified from being a director due to:-
In short, a foreigner can be appointed as directors provided he is not disqualified from being a director.
Service Included in the Annual Retainer fees?
COMPANIES ACT 2016 MAJOR CHANGES
Companies Act 2016 implemented with effective from 31.1.2017.The previous Companies Act 1965 duly repealed.Major Changes:-
What are the yearly charges to maintain a sdn bhd company?
It is important to know the yearly charges to be spent on maintaining a sdn bhd company before making decision to register sdn bhd company in Malaysia.
First of all, every company (sdn bhd) needs to hold an AGM (annual general meeting) every year. You are required to submit annual return and audited financial statements (audited accounts/reports) to SSM within one month from the date AGM held.
4 professional partners for a sdn bhd company
Thus, you will need the following professional people to help you to meet the compliance requirements:
To organise AGM & submission of annual return to SSM
To compute the tax figures & submission of form C to LHDN (Inland Revenue Board)
To conduct audit on the management accounts & prepare audited financial statements.
To prepare full set management accounts for audit purposes