One of the most common types of Malaysian company registration is a private limited company or Sdn. Bhd. Since the implementation of the Companies Act in 2016, the popularity of these types of entities has skyrocketed.
However, companies must bear in mind that the rules and regulations for company registration in Malaysia frequently change, so it is critical to keep up with the growing legislation and ensure maximum compliance with the law. One of the best ways to do this is to engage and appoint a Company Secretary, who will help you with the registration of your company and keep it compliant with the law at all times.
The following are the 5 steps that you need to take to register your Sdn. Bhd. company with the Companies Commission of Malaysia (SSM). You may choose to do this on your own, but a better option which we will be detailing below is to engage a Company Secretary to do this for you:
Step 1: Meet the Eligibility Criteria
First and foremost, ensure that you meet the eligibility requirements for incorporating your company in Malaysia. For Malaysia company registration, you will require at least one director and one shareholder. According to the Companies Act of 2016, a director and a shareholder can be the same individual. Furthermore, a company's director should be:
18 years old or above
A resident of Malaysia
Not disqualified or deemed ineligible for the role of the director under Section 198 of the Companies Act 2016.
You should also become familiar with the roles of both directors and shareholders in a Malaysian company to ensure that the person(s) designated to these crucial roles can carry out their responsibilities.
Step 2: Gather Information and Documents
You should prepare for the process of company registration in Malaysia beforehand by compiling all of the necessary information. Some of this information is as follows:
Proposed company name
Nature of the business
Registered business address
Detailed information about the directors and shareholders
The following two documents are also required for company incorporation:
IC for identity verification.
If the company name you choose is already registered by another firm, you'll need an authorisation letter.
Step 3: Payment and Incorporation with SSM
RM1,010 must be paid to SSM as an incorporation fee (including tax). If you engage professional Secretarial services in Malaysia to incorporate the company on your behalf, you may be charged additional service fees. The Company Secretary will ensure your incorporation application goes through without mistakes and with the highest possible chance of approval.
Step 4: Approval
After 2 to 3 days, you will receive a notice of registration indicating that your company has been approved by the SSM.
Step 5: Appointing your first Company Secretary
You must then officially appoint your first Company Secretary within 30 days of the date of incorporation. If you have engaged a Company Secretary for the incorporation of the company, he/she will naturally be appointed as the first Company Secretary of the firm.