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Learn more about Company Registration in Malaysia

Company Registration helps you by gaining complete control of your firm as a foreigner and the maximum tax benefits with our help. We provide customized solutions for you based on your needs and goals. Everything you need to effectively establish your company and manage your business: office address, director(s), shareholders, accounting, registered capital, corporate bank account, business licenses, work permit, and Malaysia visa services. Our lawyers work across Malaysia, providing close support to our clients.

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Why Company Registration is important in Malaysia?

The company will become a legally recognized entity. It will increase your customer’s trust. It also makes it easier for users to check business information. The company information given will help the government promote the growth of the business community and prospects.

Why do business in Malaysia?

Other than Malaysia having a healthy business climate and being one of the fastest-growing economies in Southeast Asia, there are several advantages to establish a business in Malaysia:

1. Educated and low-cost labor

Malaysia places a high value on education and training, and the number of public training institutions such as technical schools, polytechnics, industrial training institutes, and skill development centers has increased to match the industry’s expanding need and qualifications.

2. Developed Infrastructure

Malaysia has one of the greatest telecommunications networks in Asia, with fiber access prevalent except in rural regions, thanks to a huge fixed and wireless infrastructure. This provides enterprises with a wide range of options for providing online services.
There are several online marketplaces that are incredibly advantageous and profitable for internet enterprises or service providers. Any firm targeting the Malaysian market may profit greatly from digital marketing.

3. Dynamic Business Environment

Malaysians are well-known for their pro-business stance and market-oriented economy. This is exactly what businesses require to maximize their prospects of profit and development. The government provides appealing tax laws and fiscal incentives that allow enterprises to compete in the global economy and attract foreign investment.

4. A Cosmopolitan Society

Malaysia has a competitive edge in international commerce due to its ethnically varied and multicultural population of Malays, Chinese, and Indians, as well as a growing expatriate community of individuals from all over the world. English is widely spoken, particularly in business, allowing any Malaysian company to engage with its clients and investors.

What are the company structures in Malaysia?

Malaysia has seven different types of company entities from which to pick. They are as follows:

Private Limited Company

A private limited company is the most frequent type of business entity in Malaysia since, it has its own legal personality. It enjoys perpetual succession and can acquire assets, incur debt, enter into contracts, sue or be sued in its name until the directors and shareholders decide to dissolve the business. Foreigners are permitted to hold 100 percent of a Malaysian firm with a minimum paid-up capital of RM500,000, depending on the nature of the business. The Ministry of Consumerism and Trade must approve 100 percent foreign ownership in the wholesale, retail, and distribution business environments. This is a method of protecting local interests and keeping them away from strong competition.

Representative Office

A representative office (RO) is a non-trading company that allows foreign-based firms and its expatriates to have a presence in Malaysia and explore economic prospects inside the nation.
A Representative Office gives international firms 2-5 years to determine whether Malaysia is the suitable place for them to stay and develop their business by establishing a company or branch. The permission for the term of a representative office’s formation is based on the merits of each case. A representative office is not subject to taxation.

Foreign Branch Office

A branch office is not a legal entity in its own right. It is a branch of the overseas parent company and must carry out the same business operations as the parent firm.To open a branch in Malaysia, at least one Malaysian resident agent must be present.
The foreign parent firm is accountable and responsible for any obligations owed by the Malaysian affiliate. A branch office’s operations must be the same as those of the international parent firm, and a branch is appropriate for foreign companies that wish to extend their business in Malaysia on a short-term basis.

How do you register your company ?

New business registrations in Malaysia are valid for one year and cannot be renewed more than five times. Individuals should bear in mind that, despite being registered with the SSM, any licenses, permits, or permission letters required for the business must be obtained by the individual on their own.

The Companies Act 2016 allows for the incorporation of two types of companies:

➤ A corporation with a share capital
➤ A limitless corporation

In Malaysia, a business may be registered with the Companies Commission of Malaysia (known as Syarikat Suruhanjaya Malaysia or SSM) using either a personal name or a trade name, depending on the discretion of the individual registering the firm. If the individual is registering a business under their own name, they do not need to apply for a business name.

1. Individuals must complete Business Registration Form A, which includes the business name, start date, primary location of business, address of the business branch, if any, information about the owners and partners, the sort of business carried out, and a copy of the Partnership Agreement, if applicable.

2. If there are many business owners engaged, each owner and partner must sign the completed form.

3. The application form must be submitted in person or via the SSM’s website’s online SSM e-Lodgement services.

4. A photocopy of the individual’s identity card, permits, licenses, or supporting letters for the kind of business, and approval of the supporting letter from the relevant agency, if necessary by the Registrar of Business, must be supplied with the forms.

What are the requirements for a Company Registration?

Individuals must satisfy the following conditions in order to successfully register a business in Malaysia:

➤ To register with the SSM, an individual must be a Malaysian citizen or permanent resident of Malaysia.
➤ The individual must be at least 18 years old
➤ The registration of the business must be completed within 30 days of the business's start date

Do I need a license to do business?

Starting a business in Malaysia requires a valid business license. Licenses, registrations, permissions, and approvals are all part of it. A business license from the Pihak Berkuasa Melesen (PBM) applicable to the area and business activity can be obtained. Before a firm can legally begin operations, it must first get a license, which might be a general license, an industry/sector specific license, or an activity specific license. Business licenses are needed by law and are managed by a variety of government organizations, statutory bodies, and municipal governments. Registrations, approvals, licenses, and permits are all examples of business licensing. Compliance standards differ depending on the sector, company activity, and region. Business licenses are divided into three logical categories, namely:

➤ General Licenses contain all relevant licenses and will be required if the investor decides to start a business in Malaysia.
➤ Industrial / Sector Special License is a government-issued license for a certain industry or sector. This comprises regulations regulating the growth of a given industry or sector in accordance with government policy development.
➤ Licenses that control specific activities and may be applicable to one or more Industries or Sectors are known as activity-specific licenses. This type of license compels investors to follow a set of precise criteria aimed to protect citizens' interests, employment, worker safety, the environment, and the general public.

What is the Certificate Of Registration?

The Certificate of Registration establishes the existence of the business. SSM issues a copy of the Certificate of Incorporation, which certifies that a company is duly established under Malaysia’s Companies Act.

SSM shall issue the Certificate of Incorporation following completion of the incorporation procedures and submission of the full Incorporation Documents. The Certificate of Incorporation is written in the native language (Malay), and a verified registry copy is available.

What is the applicable law for company registration in Malaysia?

1. The Companies Act 2016 is Malaysian legislation that governs every company registered in the nation. To lawfully operate your firm, you must follow all of the rules outlined in the Companies Act 2016.
SSM is the government agency in charge of supervising corporate and commercial matters in Malaysia. It was established in 2002 in accordance with the Companies Commission Act of Malaysia Act 2001. SSM performs all of the responsibilities of both a business registry and a company registry.

2. SSM is responsible for a variety of tasks, but its primary function is to operate as an agency that incorporates corporations and registered enterprises. SSM also allows wide public access to business and company information. SSM is Malaysia’s top expert on improving corporate governance.

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