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Before proposing a name for incorporation of a company, a name search has to be done to determine whether the name can be used to register the company. The steps are:
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- Pay a RM30 fee for each name applied. The name reserved for three months from the date of approval.
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- Within the three months, submit the documents below:
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a) Memorandum and Articles of Association:
i) Original copy stamped at any stamp office with a RM 100.00 stamp in the Memorandum and another RM100 stamp in the Articles.
ii) The first directors and secretaries are named in the Memorandum and Articles of Association.
iii) At least two or more promoters shall sign the Memorandum and Articles of Association in front of a witness..
A Company having a share capital may be registered as a private
company if the Memorandum and Articles:
i) restricts the right to transfer its shares;
ii) limits the number of its members to not more than fifty;
iii) prohibits any invitation to the public to subscribe any shares or debentures of the company; and
iv) prohibits any invitation to the public to deposit money with the company or fixed periods.
b) Form 48A - Statutory Declaration by a director or promoter before appointment. The director or promoter declares under oath that he/she is not a bankrupt and he/she has not been convicted of an offence and sentenced by the Court. This declaration should be signed in front of anyone of the following persons of authority
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- President of the Sessions Court;
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- Those empowered under the Statutory Declaration Act 1960.
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c) Form 6 - Declaration of Compliance. This declaration states that all the requirements of the Companies Act 1965 have been complied with. The company secretary who handles the registration and is named in the Memorandum and Articles of Association must sign it.
d) Original copy of Form 13A.
e) A copy of the letter approving the name.
f) A copy of the identity card of each director and company secretary.
g) Registration fees for Share Capital:
| Authorised Share Capital (RM) |
Fees (RM) |
| Up to 100,000 |
1,000 |
| 100,001 – 500,000 |
3,000 |
| 500,001 – 1 million |
5,000 |
| 1,000,001 – 5 million |
8,000 |
| 5,000,001 – 10 million |
10,000 |
| 10,000,001 – 25 million |
20,000 |
| 25,000,001 – 50 million |
40,000 |
| 50,000,001 – 100 million |
50,000 |
| 100,000,001 and above |
70,000 |
The following certificate will be issued when all documents for registration are in order:
Form 8 - Certificate of Incorporation for a public company.
Form 9 - Certificate of Incorporation for a private company
NOTES:
A company is required to have two directors and a secretary.
Directors
Every limited company must have at least two directors who must be ordinary residents of Malaysia. A director of a company may also act as the company's secretary except in some situations.
Secretary
Every limited company must have at least a secretary. The board of directors may appoint one of its directors as the company secretary. He or she must be a member of a professional body prescribed by the Minister or licensed by the CCM. Application for a company license should be made to the CCM using Form 48B/ 48C. Every license granted or renewed is valid for three years.
Participants may hold executive positions with ownership to the company.
Guidelines on registering company in Malaysia, kindly contact Companies Commission Of Malaysia at:
CCM Headquarters
Level 2 & 10-19, Putra Place,
100 Jalan Putra,
50622 Kuala Lumpur.
Tel : 03-4047 6000 / Fax : 03-4047 6317
Hotline : 03-4047 6111 / 6222
Website : www.ssm.gov.my
Other investment opportunities, kindly contact Malaysia Industrial Development Authority at:
MIDA Headquarters
Malaysian Industrial Development Authority (MIDA)
Block 4, Plaza Sentral
Jalan Stesen Sentral 5
Kuala Lumpur Sentral
50470 Kuala Lumpur
Malaysia
Tel: 603-2267 3633
Fax: 603-2274 7970
Website : www.mida.gov.my
Email: investmalaysia@mida.gov.my
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