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    Business Registration in Malaysia

    There are advantages to a country’s multilingualism and multiculturalism. The governmental and private sectors in Malaysia work together to make the country a thriving economic centre in Southeast Asia. The main advantages of setting a business in Malaysia are explored in this primer.

    There are a number of great options for an outside investor wishing to set up shop in Asia. Even while Singapore gets all the attention as the region’s leading financial hub, Malaysia must not be overlooked.

    Because of its friendly and open culture, Malaysia has been able to attract a large number of foreign investments throughout the years. 

    Malaysia Company Incorporation And Business Registration

    There has been a general increasing tendency in the Malaysian economy during the last several years. Therefore, there has been a rise in the quantity of investments in Malaysia. It has a lot to offer, particularly to international investors, thanks to its liberalised market.

    Foreign companies may easily and quickly set up shop in Malaysia. The suffix “Berhad” is added to the names of public limited businesses (Bhd). In Malaysia, a private limited company is denoted by the hyphenated suffix “Sendirian Berhad” at the end of the business name (Sdn Bhd). Therefore, the following paperwork and the required method must be followed if an applicant wishes to go through the business registration process in Malaysia.

    It is the responsibility of the applicant to ensure that all of the prerequisites set out by local legislation in Malaysia have been met before moving ahead with the business registration procedure in Malaysia. 

    The Companies Act 2016 is the major piece of law in Malaysia governing the formation of corporations. In Malaysia, a business must first register with the Suruhanjaya Syarikat Malaysia, the country’s official business registry (SSM). The Companies Commission of Malaysia is the coordinating body in question. Beyond this, the Companies Act, 2016 is the primary piece of legislation in Malaysia governing business entities.

    It’s easy for a foreigner to register a business in Malaysia. One hundred percent foreign ownership is permitted when forming a corporation in Malaysia. A Sdn Bhd is the legal designation for such a company.

    Company Registration, Malaysia: An Overview

    You must apply to Suruhanjaya Syarikat Malaysia (SSM) for approval of your proposed business name and then register your firm by submitting the required company registration paperwork. 

    After your company name and registration have been accepted by SSM, you will be able to create a corporate bank account, request  business permits, and register for SST to complete the process of incorporating a new company in Malaysia.

    Regulatory Authority/Body for Company Registration in Malaysia

    As stated above, the Suruhanjaya Syarikat Malaysia (SSM) is the regulatory authority for company registration in Malaysia. 

    What Are The Preferred Industries To Start A Business In Malaysia?

    The government of Malaysia has been providing incentives to foreign firms operating in the following industries, which have all seen recent growth in Malaysia:

    • Agriculture
    • Finance and Banking 
    • Manufacturing
    • Education
    • Oil and Gas
    • Tourism, International Travel and Tickets for International Travel

    Benefits Of Company Registration In Malaysia

    With a robust company setup, Malaysia can invite a deluge of benefits:

    • When equated with other Asian nations, the cost of starting a company is quite modest.
    • In addition to having cheaper rents than other Asian nations,
    • Average incomes are much lower than in other developed nations.
    • Due to the many double taxation treaties signed by Malaysia, money earned in the country is not subject to taxed twice.
    • In Malaysia, dividends are subject to a 0% withholding tax when sent to a recipient outside the country.
    • Companies based in Malaysia are free to repatriate any earnings, including interest, dividends, and royalties, that they have earned elsewhere.
    • Malaysia’s government has offered generous subsidies and incentives to lure entrepreneurs and investors.
    • Investors from other countries choose Malaysia because of the legal protections afforded to them there.

    Types Of Business Structures In Malaysia: Company Incorporation, Malaysia

    Malaysian businesses often use one of the following organisational forms:

    • Sole Proprietorship 
    • Private Limited Company 
    • Public Limited Company 
    • Foreign Company (Branch Office and Representative Office) 
    • Unlimited Company 
    • Limited Liability Partnership 
    • Partnership

    Minimum Registration Requirements For Company Registration in Malaysia

    In order to register a corporation in Malaysia, an applicant must meet the following criteria:

    • For a corporation to be legally recognised in Malaysia, there must be at least one shareholder.
    • There must be at least one director who regularly lives in Malaysia for a private limited business, and at least two for a public limited company.
    • A corporation in Malaysia is not allowed to operate without a resident company secretary who is a citizen or permanent resident of Malaysia.
    • No minimum amount of paid-in capital is required to start a business in Malaysia. Having 100% foreign ownership requires a corporation to have 100% paid-up capital if it provides work permits to foreign nationals. The nature of the company’s operations determines the required level of paid-in capital.
    • Establishing a corporation without a valid purpose is a violation of the Companies Act of 2016. The company’s Memorandum of Association should include such goals.
    • Every legally operating firm in Malaysia must have a physical location that serves as its “registered office.”

    Documents For Company Incorporation, Malaysia

    In Malaysia, these are the documents you need to start a business:

    • Name of proposed corporation
    • Description of principal business operations
    • Statement of conformity with the Companies Act
    • Address in Malaysia
    • Specifics on the Board of Directors and the Shareholders
    • Detailed breakdown of each shareholder’s stake
    • Required amount of initial capital
    • A statement from the company’s directors that they have never been found guilty of a crime or are currently under the protection of an undischarged bankruptcy

    Cost Of Company Registration In Malaysia

    The SSM requires a payment of RM 1,000 (about $240) as part of the business registration process. But the company’s registration fee is calculated based on its nominal share capital. The registration charge in Malaysia is merely RM 1,000 if the foreign firm does not subscribe to share capital.

    Procedure For Company Registration In Malaysia

    Choosing and reserving a business name.

    To ensure that the suggested name is unique and available, a name search is performed. The suggested company name should not be confusing with other businesses. The name must follow the guidelines set out by the Malaysian Companies Act. 

    Words and phrases that might be seen as insulting should be avoided. In addition, the name of the firm must not infringe on any trademarks, service marks, or other proprietary rights. We need to hold the name for future use.

    If the Incorporation Documents for the firm are not received by SSM within three months of the date the name was approved, a new application for a name inquiry must be made for the company setup, Malaysia.

     

    Incorporation Petition Filing

    The application for business registration requires information about the firm’s establishment. The application must provide information about the company’s directors, shareholders or members, the business’s intended activities, and the company’s intended location.

     

    A Declaration Has To Be Filed

    If the applicant wants to set up shop in Malaysia, they’ll need to provide a sworn statement. The applicant would sign a statement to that effect, stating that all the data included in the application is accurate to the best of their knowledge.

     

    Documentation of Registration

    Following these procedures, the SSM will analyse the application and verify it for form irregularities. In the absence of any application-related issues, a notification of registration will be sent.

     

    Acquiring the Certificate of Incorporation

    The SSM will issue a Certificate of Incorporation if all requirements have been met and the required paperwork and fee have been submitted. After formation, the firm must get the necessary permits and licences from the appropriate agencies before it may begin doing any of the activities listed in the MOA.

    Why Choose Pikohana As Your Service Provider For Company Formation In The Malaysia?

    To register and administer your Malaysian business, PikoHANA provides a robust platform with a full suite of services. It doesn’t matter where you are or what time it is, we can always go online!

    Our staff consists of seasoned experts in the field of corporate services in Malaysia. They listen carefully to figure out what you’re going through so they can provide solutions that are tailor-made to your situation and won’t break the bank.

    The combination of our cutting-edge service model and our knowledgeable staff guarantees our customers a memorable and satisfying interaction with our company. Our fixed rates are quite competitive with other corporate service providers in Malaysia. There won’t be any unexpected or hidden charges; everything will be laid out clearly and completely.

    By delivering excellent products, first-rate support, and transparent pricing, we can build lasting connections with our clients.

    Accounting firm

    Frequently Asked Questions

    Give us a ring at PikoHANA – we’ve got you covered.

    The SSM requires a payment of RM 1,000 (about $240) for company registration, Malaysia. But the company’s registration fee is calculated based on its nominal share capital.

    The SSM website should be the first stop for anybody looking to confirm the legitimacy of a Malaysian firm. The next step is entering the company’s registration number. After doing a search, you will learn whether or not your organisation now operates.

    You can find a brief outline of the process to register a company in Malaysia, above. Contact us for a more in-depth view of the procedure. 

    The SSM website should be the first stop for anybody looking to confirm the registration of a Malaysian firm.

    You can find a checklist of the required documents above.

    The firm or organisation must register with the Malaysian taxation authorities after formation, and other compliances must also be met in line with the law.

    Two directors plus two promoters are required for a public limited corporation. The company’s directors and primary promoters must be legal residents of Malaysia.

    Each private limited business must have at least a director and a promoter. The private limited company’s director and promoter must both legally live in Malaysia.

    In order to officially register a business name, an application for company formation in Malaysia must be submitted online within 30 days. Once the reservation period for a business name has ended, a fresh reservation application must be submitted.

    Companies established by foreigners in Malaysia are subject to the same regulations as those started by Malaysian citizens.

    The whole registration procedure usually takes between 5 and 10 days. The process kicks off after the director as well as shareholder have signed the registration forms and submitted them to the SSM.

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