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Incorporating a Company in Malaysia

Incorporating a company in Malaysia involves a structured process that requires adherence to the country's laws and regulations.

1. Choose the Type of Company: Decide on the type of company you want to incorporate. The most common types are a private limited company (Sdn. Bhd.) and a public limited company (Berhad).

2. Company Name Reservation: Choose a unique name for your company and check its availability with the Companies Commission of Malaysia (SSM). The name should comply with SSM's guidelines and should not infringe on any existing trademarks or be misleading.

3. Appointment of Directors and Shareholders: Appoint at least one director who is a Malaysian resident. You can appoint local or foreign individuals as directors. Also, appoint shareholders, who can be individuals or corporate entities. A company in Malaysia can have 100% foreign shareholding.

4. Registered Office Address: Have a registered office address in Malaysia where official correspondence will be sent. This address must be a physical location and not a P.O. Box.

5. Preparation of Documents: Prepare the necessary incorporation documents, including the Memorandum and Articles of Association (M&A), statutory declaration of compliance, and other relevant forms.

6. Submission of Documents: Submit the incorporation documents to the SSM either manually or online through the MyCoID portal. You may also engage the services of a company secretary or registered filing agent to assist you with the submission.

7. Payment of Fees: Pay the necessary incorporation fees to the SSM. The fees depend on the authorized share capital of the company.

8. Wait for Approval: Once the documents are submitted, the SSM will review them. If everything is in order, they will issue the Certificate of Incorporation, usually within a few days to a few weeks.

9. Post-Incorporation Compliance: After incorporation, fulfill any post-incorporation compliance requirements, such as opening a corporate bank account, obtaining necessary business licenses, and complying with tax registration obligations.

10. Ongoing Compliance: Maintain ongoing compliance with Malaysian laws and regulations, including filing annual returns with the SSM, holding annual general meetings, and fulfilling tax obligations.

11. Business Operations: Once the company is incorporated and compliant, you can commence your business operations in Malaysia.

Contact DLBC Business Consultancy Pte. Ltd. for assistance and arrangements.