Company Formation in Malaysia Companies in Malaysia are governed by the Companies Act 1965.

Moreover, any registration of a company should register throughout the Companies Commission of Malaysia (CCM) in accordance with the Companies Act 19651. Incorporation Procedure 1) Name search and application for name Basically, to establish a company, it should have an available name to be register as company in CCM. Therefore, it might easier for the applicant to state alternative names if the names proposed are not available under CCM2. Applicant is required to complete filling in the Form 13A attach with a payment RM 30.00 fee for each name of company that proposed. In addition, the applicant is required not to apply any name that contradict or not permitted by the Minister according to section 22(1) of Companies Act 1965. The applicant must use limited/ltd or private/pte behind the suggest name to indicate the form of company that the applicant wish to establish either public limited company or private limited company.

2) Reservation of the name After the applicant gain consultation approval from the Registrar, the applicant is required to apply for reservation of the name of company within 30 days 3. Moreover, when the proposed companys name is approved4 by CCM, it shall be valid for three months from the date of approval5. The reservation name of company will be expired if the company is not been incorporated within 3 months. However, if the applicant wants to change the company name, the applicant is required to fill in the Form 13 of Companies Act 1965.

3) Lodgement of Incorporation Documents

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http://www.company-formation.co.in/malaysia/ (Saturday 2/10/2010 3:53) Catherine Tay Swee Kian, Company Formation Pratice Manual (Sinagapore: Malayan Law Journal, Pte Ltd, 1983) page 6 3 Section 22(6) of the Companies Act 1965 4 Section 22(7) 5 Gearing Up For Business: A Compendium On Establishing A Business In Malaysia, page 7

As aforementioned, the applicant must submit all relevant documents within 3 months to CCM before the approval of the company name expired. Incorporation Documents to be lodged with CCM Memorandum of Association (MOA). According to section 18 of the Companies Act 1965 provide minimum standard of terms and condition required under the (MOA). MOA will be charge RM 100 for stamps fee that affixed at the stamp office of the Inland Revenue Board. Articles of Association (AOA) AOA will be charge RM 100 for stamps fee that affixed at the stamp office of the Inland Revenue Board. Form 48A (Statutory Declaration by a Director or Promoter before Appointment) The director/ promoter of the company should not be declare under bankruptcy6 or been convicted under criminal or imprisonment7. The statutory declaration by a director or promoter before appointment must be in accordance with section 123(1) of the Companies Act 1965. Form 6 (Declaration of Compliance) In this Form 6 states all the requirement of the Companies Act that have to compliance with. The form should be signed by the Company Secretary that handling the registration and who is named as the first secretary of (MOA) and (AOA). Additional Documents The applicant is required to have original Form 13A of the Companies Act 1965. In addition, applicant should also have a copy of the letter from SSM approving

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the name of the company and a copy the identity card of each director and company secretary or a copy of the passport ( if foreign director is appointed). Incorporation Fees The fees charge to incorporate a company is illustrated in schedule below: Authorised Share Capital (RM) Up to 100,000 100,001 500,000 500,001 1 million 1,000,001 5 million 5,000,001 10 million 10,000,001 25 million 25,000,001 50 million 50,000,001 100 million 100,000,001 and above Fees(RM) 1,000 3,000 5,000 8,000 10,000 20,000 40,000 50,000 70,000

Certificate of Incorporation The CCM will issue a certificate8 of Incorporation when the applicant had fulfilled all the requirement and follow accordance with the procedure aforementioned.

Section 361