The Facts: Setting Up and Forming a Company in Malaysia

The Facts Setting Up and Forming a Company in Malaysia

How to register a company in Malaysia?

Here are some basic facts and information for setting up and forming a limited company in Malaysia.

Suruhanjaya Syarikat Malaysia (Companies Commission Malaysia)

  • The Companies Commission of Malaysia (SSM) established on 16 April 2002, serves as an agency to incorporate companies and register businesses.
  • A limited company in Malaysia can be incorporated with a minimum paid-up capital of RM1 only.

What documents do you need to form a company in Malaysia?

  • Your proposed company name. We need your proposed name(s) for your new company and we will conduct the name search with SSM to check if the name is available for registration.
  • A copy of your identity card (IC) or a copy of your passport (for foreign director)
  • Your signature on the incorporation documents.

Director requirements

  • A company must have at least 1 director and above 18 years of age.
  • At least 1 director must have a residential address in Malaysia
  • He/she is not bankrupt and has not been convicted and imprisoned.

Company Secretary requirements

  • A company must have at least one Company Secretary
  • The company secretary must be a natural person and a resident in Malaysia and is a member of any one of the prescribed professional bodies or licensed by the SSM.

Auditors requirements

  • A company must appoint one or more auditors who must be approved auditors in Malaysia.

Registered office requirements

  • Every company must have a registered office in Malaysia to which all communications and notices may be addressed.
  • Our secretarial service includes the provision of our office as registered office for your company.

Accounts and Audit

  • Every company is required to prepare its accounts and to be audited by approved auditors in Malaysia every year.
  • The audited accounts must be circulated to all the shareholders of the company within 6 months from the year end.
  • This audited accounts are generally required to be lodged with SSM within 30 days from the date of circulation.

Annual Returns

  • Every company needs to lodge the Annual Return within 30 days from the anniversary date of the company’s incorporation date.
  • Annual return is a snapshot of general information about a company’s directors, secretary, registered office, shareholders, share capital, principal business activities, etc.

Change of directors or their particulars

  • Whenever there is a change in directors (e.g. appointment or resignation of directors) or change in their particulars (e.g. change in residential address) after its incorporation, such changes must be lodged with SSM within 14 days.