Company Registration Guide in Malaysia
Establishing a Company for Non-Malaysian Citizens
Company Registration Guide
Local Company Establishment Guide
We will provide full tracking services to help you complete the establishment of your company in Malaysia.
Foreigners can register a 100% foreign-owned company in Malaysia. We will assist you throughout the entire process of registering your 100% owned company.
Establish company foundational regulations
All businesses in Malaysia must be registered with the Companies Commission of Malaysia.
The Companies Commission of Malaysia is a statutory body established by an Act of Parliament. Its establishment effectively regulates corporate and business matters in Malaysia.
Establishment of a company by foreigners
Malaysia has signed and implemented various Free Trade Agreements (FTAs)
Types of companies to be established
Companies registered in Malaysia have a validity period of one year, and each renewal cannot exceed five years
Options for foreign companies to establish a presence
Tax and compliance requirements depend on the type of entity you choose to establish
Registering a branch office in Malaysia
A branch office is significantly different from a regular company; it acts as an extension of the parent company and is not considered a separate legal entity
Establishing a representative office.
The establishment of a branch office and a representative office signifies that a foreign company is interested in the initial stages of establishing its regional operations in Malaysia
Purchasing an existing company
A legally registered company that is in a dormant state and intends to be sold to another owner
Companies Commission of Malaysia (SSM) Registration Process
Businesses in Malaysia can register with the Companies Commission of Malaysia (SSM) using either personal names or trade names, depending on personal preference. If using a personal name (e.g., the name on the identity card) for the business, there is no need to submit a business name application. Those intending to use a trade name must obtain prior approval from the business registration authority before registering the company.
Step 1
Individual registrants need to complete Form A for company registration, detailing the company name, commencement date, company address, branch address (if any), information about the owners and partners, the type of business, and provide a copy of the Partnership Agreement (if applicable).
Step 2
If the company has more than one owner, each owner and partner must sign the completed form.
Step 3
The application form must be submitted in person at the counter or online through the Companies Commission of Malaysia (SSM) website.
Step 4
Documents that must be submitted with the form include a copy of the personal identification card, business license, permit, or certificate (depending on the type of business), and any verification letters from relevant authorities if requested by the company registrar.
Conditions for SSM Registration
In Malaysia, a registered company's validity period is one year, and each renewal period does not exceed five years. It is important to remember that, although registered with the Companies Commission of Malaysia (SSM), the company must first obtain any necessary licenses, permits, or approval letters from relevant authorities based on the nature of the business.
According to the Companies Act 2016, there are two types of companies that can be established
Limited Company
A company with share capital can be a private company (with ‘Sendirian Berhad’ or ‘Sdn. Bhd.’ after the company name) or a public listed company (with ‘Berhad’ or ‘Bhd.’ after the company name).
Unlimited Liability Company
The procedure and required documents for establishing an unlimited liability company are the same as for a limited company. The difference is that the liability of the members of an unlimited company must be reflected in the company’s articles (formerly known as the memorandum and articles of association).
Guide to Registering a Foreign Company
A foreign company can register in Malaysia through any of the following methods:
- Apply to the Companies Commission of Malaysia (SSM) to register a local company
- Register a foreign company with SSM in Malaysia
According to the Companies Act, a foreign company is defined as:
- A company corporation, society, association, or other body incorporated outside Malaysia
- An unincorporated association, society, or other body that, under the laws of its place of origin, can sue or be sued, or holds property in the name of its secretary or other officer duly appointed for that purpose, without having its head office or principal place of business in Malaysia.。
1. 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 Form 13A (Request for Availability of Name) to SSM; and
(ii) Pay a fee of RM30 for each proposed company name
The name of the registered foreign company should be identical to the name of the company registered in its country of origin. If the proposed company name is approved by SSM, it can be reserved for three months from the date of approval.
2. Company registration documents
The documents required for company registration (as described in Section B below) must be submitted to SSM within 3 months from the date of SSM’s approval of the company name. Otherwise, a new company name search must be applied for, repeating the steps (i) and (ii) mentioned above.
The following documents should be submitted to SSM for registration:
(i)Certified copy of the foreign company’s certificate of registration
(ii)Certified copy of the foreign company’s articles of association, memorandum and articles of association, or other documents defining its constitution
(iii)Form 79 (Declaration by a foreign company, including details of directors and changes in information)
*Note: If the list includes directors residing in Malaysia who are local board members of the foreign company, a memorandum specifying their powers must be executed by the foreign company or its representative and submitted to SSM
(iv) Authorization letter or power of attorney appointing a person residing in Malaysia to accept any notices served on behalf of the foreign company
(iv) Form 80 (Statutory Declaration by the representative of the foreign company)
(v) Other documents include:
- Original of Form 13A
- A copy of the SSM letter approving the name of the foreign company.
The registration fee should be paid according to the following payment schedule:
1. When determining the amount of the registration fee, the nominal capital of foreign companies should first be converted into Malaysian currency (Ringgit) at the current exchange rate.
2. If a foreign company does not specify any share capital, a fixed fee of RM 1,000 should be paid to SSM.
| Nominal Capital (RM Equivalent) | Fee (RM) |
| 1,000,000 or Below | 5,000 |
| 1,000,001 – 10,000,000 | 20,000 |
| 10,000,001 – 50,000,000 | 40,000 |
| 50,000,001 – 100,000,000 | 60,000 |
| 100,000,000 Above | 70,000 |
SSM will issue a Certificate of Registration after the foreign company complies with the registration procedures and submits the duly completed registration documents. Upon receipt of the Certificate of Registration from SSM, Ruixin Global Information will notify the company. Company searches can be conducted after establishment. Ruixin Global Information will remind you to file company taxes before the deadline.
If any of the described registration documents are in a language other than Malay or English, certified translations of these documents into Malay or English are required.
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