How to Incorporate a Company in Malaysia

Learn how to incorporate a company in Malaysia.

Corporations in Malaysia are registered under the regulations set by the Companies Act of 1965. All types of businesses, including corporations, must register with the Companies Commission of Malaysia (SSM). A company must first apply for registration of its company name. If it is available, the name will be reserved for three months. The company must then provide a list of documents providing detailed information on the company and its directors. A company can be incorporated as a local company or as a foreign company, though the requirements are different. What follows are the steps to incorporate as a foreign company.

Things You'll Need

• Certified copy of charter, statute or memorandum and articles of association
• List of directors
• Memorandum describing the powers of the director
• Power of Attorney for one or more Malaysian residents
• Statutory declaration made by the company agent

Instructions

1. Register your company name with the Companies Commission of Malaysia (SSM). Submit your application to any of the SSM branches together with a processing fee of 30 Malaysian ringgit (RM). If your company name is available, your application will be approved and your name will be reserved for three months. (See reference 1.)

2. Gather the documents listed below and submit them to the SSM. (See reference 1.)
   1) A certified copy of your company's charter or another document that defines its constitution
   2) A list of your company's directors. If one or more of the directors are Malaysian residents, specify what powers these directors have. Provide the information on the directors requested in form 79 of the SSM
   3) A Power of Attorney for one or more Malaysian residents authorizing them to accept notices from the Malaysian government
   4) A statutory declaration by the company agent as described in form 80 of the SSM
   (See resources for more details on these forms.)

3. File a registration notice with the SSM providing the address of your company's address in Malaysia. You must do this within a month of the SSM approving your incorporation.

4. Submit to the SSM a copy of your company's annual return no longer than one month after your company's general meeting.

5. Submit your company's balance sheet, an audited statement of assets and liabilities and an audited profit and loss account within two months of your annual general meeting.

Tips & Warnings

• You can download most of the forms online. (See resources.)

References

• Malaysian Investment Development Authority Official Website

Resources

• My Government: The Malaysian Government's Official Portal