Steps Towards Incorporating A Company In Malaysia

Business Formats

Before setting up your business, you should consider whether it is going to be a sole proprietorship or a partnership. There are advantages and limitations in both that you would have to consider.

	A sole proprietorship established by an individual. You choose to run the business on your own.
	A partnership by two or more (but not more than 20) persons;
	A company established by a local or foreign company that is registered under the Companies Act 1965.

Company Structure

Once you have decided on your business format you could choose to operate one of four types of companies are provided for under the Companies Act, 1965:

i. Limited by shares - the personal liability of its members is limited to the
par value of their shares;

ii. Limited by guarantee - members guarantee to meet liability up to a
specific amount if the company ceases operations;

iii. Unlimited company - no limit to the members' liability; and

iv. Company limited both by guarantee and shares.

How to register your Company?

	Apply for the Name
	Obtain a Declaration -- of Directors, Subscribers and Secretary(ies)
	Complete and lodge the Incorporation Documents

Visit: www.ssm.gov.my

Steps To Incorporate A Company

The key players in an application to incorporate a company are the entrepreneur and the Company Secretary. The following will help you navigate through the process.

1. Application for a name search to the Registrar of Companies (ROC)
2. Name Accepted
3. Lodge the following documents with the ROC together with relevant fees
within three months from the date of approval:

	Memorandum of Association
	Articles of Association
	Statutory Declaration of Compliance,
	Statutory Declaration by a person before appointment as a director, or by a promoter before incorporation of a company.