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Company Secretarial

Our firm, through our stategic alliance partners, help you comply with corporate secretarial requirements.

 

Company Secretarial Services include, amongst others:-

 

  • Incorporation of companies
  • Provision of Registered Office Address
  • Provision of Named Company Secretaries in compliance with section 139(a) of the Companies Act, 1965
  • Proper maintenance of company's registers
  • Providing practical support and guidance to businesses

What Should you Know With Respect to Incorporating a Company in Malaysia

A company having a share capital may be incorporated as a private company or public company. The requirements to form a company are:

 

  • A minimum of two subscribers (of One Ringgit each) to the shares of the company
  • A minimum of two directors and a company secretary, who shall have their principal or only place of residence within Malaysia.;
  • With respect to the named company secretary, our company secretarial arm will nominate a qualified company secretary to fulfill this role.

For incorporation of a private company, the Articles of Association shall contain the following stipulations:

 

  • Restriction on the right to transfer the company’s shares;
  • Limitation on the number of members to not exceed fifty;
  • Prohibition on any invitation to the public to subscribe to the shares of the company; and prohibition on public invitation to deposit money with the company

 

The costs of incorporating a company are as follows:-

 

(a) For a name search and Application for the reservation of a name:- RM 100.00 for the first name, and RM 50.00 for each subsequent name search.

 

(b) Upon approval and reservation of the proposed name, a lump sum fee of RM3,000.00 for the incorporation of a company with an authorized share capital of RM100,000.00. This fee is an all inclusive fee, and includes all disbursements and any incidental costs for common seal, registers, minutes book and designated registered office.

 

For your information, we have given below the incorporation procedures involved in incorporating a new company, which our secretarial arm shall take care of:-

*Note:

Incorporation Procedures

1. Name Search and Application for Name

 

A name search must be conducted to determine whether the proposed name of the company is available. The steps involved are:

 

  • Completion and submission of Form 13A (Request for Availability of Name) to SSM; and
  • Payment of the prescribed charges for each name applied.
  • When the proposed company’s name is approved by SSM, it shall be valid for three months from the date of approval.

 

Lodgement of Incorporation Documents

 

Incorporation documents must be submitted to SSM within three months from the date of approval of the company’s name, failing which, a fresh application for a name search must be done.

 

The following documents will be lodged by us:-

 

a) An original copy of the stamped Memorandum and Articles of Association

 

b) Form 48A - Statutory Declaration by a Person before Appointment as Director, Or by a Promoter before Incorporation of Company. (The director or promoter declares under oath that he/she is not a bankrupt and has not been convicted and imprisoned for the prescribed offences).

 

c) Form 6 - Declaration of Compliance. This declaration states that all the requirements of the CA have been complied with. It must be signed by the company secretary who handles the registration and is named in the Memorandum and Articles of Association.

 

d) A copy of the identity card or passport (in the case of a foreigner) of each director and company secretary.

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