Malaysia Company Formation /
New incorporation
- Nowadays it takes approximately 2 – 3 days to incorporate a Malaysian company limited by shares
- Memorandum & Articles of Association or Constitution is not mandatory However, many newly incorporated companies still prepare their constitution
- The new Companies Act 2016 allows a sole-member and director
- Common seal is not mandatory, however some Government Agencies (land office, for instance) and lawyers are still insisted the affixation of a common seal on the land transfer form and agreement respectively
Company Secretarial –
Resolutions preparation
- Acceptance of bank facility
- Allotment of shares
- Application for name search
- Application for strike-off
- Application for express filing of statutory documents with CCM
- Appointment and resignation of directors
- Appointment of auditors
- Appointment of legal advisor, legal firm and etc
- Appointment of tax agent
- Appointment of authorized representative
- Alteration of object clause
- Abolition of Memorandum and Articles of Association
- Bonus issue
- Banking resolutions – opening/closure of bank account, fixed deposit account, internet banking and change of bank signatories
- Company formation and registration
- Change of Company’s name
- Change of secretary and registered office
- Change of business address or register for additional branches
- Change of business nature
- Change / Notification of address where registers or records are not kept at the registered address
- Creation of preference shares
- Constitution
- Certified true copy of documents for relevant authorities
- Conduct / organisation of meetings
- Declaration of Dividend
- Enter into agreement (tenancy and etc)
- Fixing of financial year end
- Letter of confirmation on bank borrowing, directors and shareholders
- Maintaining of statutory records and Register of Members
- Hire purchase motor vehicle and Trust Deed / Disposal of motor vehicle
- Members’ voluntary winding-up
- Opening /Closure of water/electricity utility accounts with Syabas/TNB
- Purchase / disposal of property
- Redemption of preference shares
- Removal of directors
- Removal of auditors
- Search of image of any document of any company from CCM (SSM)
- Search on companies’ profile from CCM (SSM)
- Submission of Annual Return and financial statements to CCM
- Transfer of shares
Secretarial Advisory
- Compliance on Companies Act 2016
- Shareholders structure
- Constitution
- Companies Restructuring
- Other secretarial related advisory services
Other Services
Registration of foreign company
- Registration of company in other jurisdiction For business expansion and commercial reasons, some entrepreneurs may want to setup company in overseas. We can assist company formation in the following countries :-
- Hong Kong
- Singapore
- India
- China
- Indonesia
- Vietnam
- Laos
- Cambodia
- Australia
- Registration of Offshore company For business entrepreneurs who wish to engage and involve in international financial trade business and investment, may consider the incorporation of offshore company due to the following benefits and flexibilities :-
- Tax benefits
- Minimum compliance requirement
- Low compliance cost
- No foreign exchange controls
- High confidentiality
- We can assist company formation in the following jurisdictions :-
- Labuan
- BVI
- Cayman Islands
- Mauritius
- Bahamas
- Seychelles
Search of individual or
company information
- What is the purpose of the search of individual information? The search result of an individual information will provide result whether it is fine to begin a customer relationship or in recruitment of senior level employee. The search information includes the following information :-
- Criminal records
- Litigation cases
- Bankruptcy information
- Financial standings
Corporate and Business Information Data (CBID)
- What is the purpose of having a CBID of a company ?
- For business growth information in a respective location.
- For marketing purposes or networking collaboration.
- For exclusive research and analysis.
- For business expansion analysis either through joint venture or alliances.
Malaysia Work Pass application
- Malaysia incorporated company can apply for foreigners’ work visas, businesses are required to comply with some form of licensing, which could be an industry/sector-specific approval or activity-specific approval required or directed by the Expatriate Services Division, Immigration of Malaysia. The compliance requirements vary by industry, business activity and location.the following information :-
- Sector/Industry Specific licenses are licenses unique to a particular industry or sector that are specified by the Government. This involves major policies that controlled the development of certain industries or sectors in line with the development policy of the country.
- Licenses related to the Wholesale, Retail Trade (WRT) – Ministry of Domestic Trade, Co-operatives and Consumerism (MDTCC)
- The most common license required for a foreign-owned company is Wholesale, Retail Trade (WRT) License. This WRT license is applicable to any Foreign Participation (i.e. foreign equity at 50.1% and above) in the Malaysia Distributive Trade Services include wholesalers, retailers, franchise practitioners, direct sellers, suppliers, who channel their goods in the domestic market, and commission agents or other representatives including those of international trading companies. The WRT license is required by all the said business sectors before they can apply for a professional work permit. For WRT, the minimum paid-up capital requirement is RM 1 million, with company full set-up i.e. with business premises supported with the valid tenancy agreement, phone line and etc.
a) Share capital
Nature of Business: wholesalers and retailers etc
Nature of Business: wholesalers and retailers etc
- A 100% subsidiary Company (Sdn Bhd) of a foreign company – minimum RM1,000,000, WRT approval required.
- A Company (Sdn Bhd) jointly own by Malaysian & Foreigner – minimum RM1,000,000, if a foreign shareholder holds 50.1 above, WRT approval required.
- A 100% Malaysian own Company (Sdn Bhd) with foreign Director -minimum RM250,000 (recommended to have it more between RM300,000 to RM400,000 for strengthening the application) and minimum 1 local director (subject to the minimum number of directors stated in the constitution of Company) – No WRT approval is required.
- The nature of business is Consultancy, Training and events, and other types of business may not require WRT approval, however, in certain circumstances, ESD might seeking of approval from WRT- unregulated services sector or other licensing authority.
- A 100% subsidiary Company (Sdn Bhd) of a foreign company – minimum RM500,000
- A Company (Sdn Bhd) jointly own by Malaysian & Foreigner – minimum RM350,000 and the majority share hold by local Malaysian.
- Application with WRT – 3 to 4 months and subject to questions raised by the authorities.