Guide to Registering a Foreign Company
Establishing a Company as a Non-Malaysian Citizen
Business Environment in Malaysia
Malaysia has signed and implemented various Free Trade Agreements (FTAs), including bilateral FTAs with Japan, Pakistan, India, New Zealand, Chile, Australia, and Turkey. At the ASEAN level, Malaysia has also entered into regional FTAs through the ASEAN Free Trade Agreement (AFTA) with China, South Korea, Japan, Australia, New Zealand, and India.
By signing and implementing these FTAs and the AFTA, Malaysia has created a potential market size of 3.9 billion people. According to Malaysia’s FTAs with ASEAN, up to 98% of import tariffs on products are set at 0%.
Guide to Registering a Foreign Company
- Apply to the Companies Commission of Malaysia (SSM) to register a local company
- Register a foreign company in Malaysia with SSM
According to the Companies Act, the definition of a foreign company is:
- A company, cooperative, society, association, or other body formed or incorporated outside Malaysia
- An unincorporated association, or any other body that can sue or be sued under the laws of its place of origin, or that holds property in the name of its appointed group, secretary, or other officer for this purpose, without a head office or principal place of business in Malaysia.
Registration Procedures
Apply for a company name search
A name search must be conducted to determine if the proposed company name is available：
(i) Complete and submit the form to SSM (requesting name availability);
(ii) Pay a fee of RM100 for each company name applied for.
If the proposed company name is approved by SSM, it can be reserved for three months from the date of approval.
Company Registration Documents
The documents required for company registration must be submitted to SSM within 3 months from the date of approval of the company name. Otherwise, a new company name search must be conducted.
Documents Required for Non-Malaysian Citizens to Register a Company
The following documents should be submitted to SSM for registration:
- Certified copy of the foreign company registration certificate
- Certified copy of the foreign company’s constitution or charter (or other documents defining its constitution)
- Declaration of the foreign company, including details of directors and any changes
*Note: If the list includes directors residing in Malaysia who are members of the foreign company’s local board, their powers must be specified and the document must be executed and submitted to SSM by the foreign company or its representative*
- Power of Attorney or Authorization Letter appointing a resident in Malaysia to accept any notices served on the foreign company on its behalf
- Statutory Declaration by the representative of the foreign company
- Other documents include:
- Original form
- Copy of the letter from SSM approving the foreign company’s name
Registration Fees
Registration Certificate
- SSM will issue the registration certificate once the foreign company has complied with the registration procedures and submitted the duly completed registration documents
- You will be notified upon receiving the registration certificate from SSM. Company searches can be conducted after the company is established. We will remind you to file the company’s taxes before the deadline
- If any of the described registration documents are in a language other than Malay or English, they need to be translated and certified in Malay or English
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