Company Registration & Secretary
Streamlining Your Business Needs
Our firm offers company secretary services for all businesses in Malaysia and worldwide. We can assist you in preparing and organising the minutes and agendas for meetings, including Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs).
We also provide advisory services which encompasses detailed research and consultation. We are experienced in company registrations, lodgements of mandatory submissions to Companies Commission of Malaysia (SSM) and organising statutory records that are required under the Companies Act of 1965.
Requirements for Incorporation of Local Companies
Incorporation of private companies (Sdn. Bhd.) require at least one director who ordinarily resides in Malaysia by having a primary place of residence in Malaysia.
Incorporation of public companies (Bhd.) require at least two directors who ordinarily reside in Malaysia by having a primary place of residence in Malaysia.
Both incorporation of private and public companies also require the minimum of one promoter each.
Procedure for Incorporation of Local Companies
Name Search and Application of Name
Name searches are mandatory to ensure that the proposed name is available. There are two methods for the application of name:
Lodgement of Application
The process of the incorporation of companies in Malaysia is governed by the Companies Act 2016. Under the Act, the applicant is required to complete the following information:
- The proposed name of the company;
- The status of private or public company;
- The proposed type of business;
- The address of the registered office;
- The business address;
- Complete detail of the director(s) and promoter(s);
- Declaration from the director(s) or promoter(s) that he or she is not an undischarged bankrupt either in or outside Malaysia; and has not been convicted of any offence whether in or outside Malaysia.
A declaration of compliance, stating that the applicant has complied with all the requirements of the Companies Act 2016, must also be made by the individual who is responsible for the incorporation of the company.
The applicant must also provide additional documents, including:
- A copy of consent letter from the corporate body named as the member of the company;
- A copy of certificate of director’s qualification if required;
- A consent letter from the relevant agency, if any.
Each application to incorporate the company should be lodged together with a fee:
Verification of Incorporation
On the grounds that the Registrar is contented with all information provided by the applicant I complete and compliant with the required procedures, the Registrar shall issue a notice of approval and registration and a certificate of incorporation will be issued by SSM only upon request, in conjunction with the prescribed fee.
Following the incorporation of the company, a company secretary shall be appointed by the company within 30 days post-incorporation. The company secretary appointed shall be registered with SSM. He or she should possess a valid practicing certificate issued by SSM.
The company may file the constitution of the company after its incorporation if necessary. The company is highly advised to obtain the required license, permit or approval from the relevant authorities prior to commencing any business activity post-incorporation.