Strike Off Company Services

The Malaysian Companies Commission will only remove a company from the register if the company meets the following conditions:

• In the case where the company is not operating or has ceased operations, the directors must obtain a resolution from the shareholders to apply for the removal of the company’s name from the registry. The resolution must be attached to the application. Even if one of the directors or shareholders cannot be found, the remaining directors or shareholders may proceed with the application for company deregistration, provided that the remaining directors or shareholders have notified the absent director or shareholder of the application for deregistration (notification must be sent by registered mail to the address recorded at the time of company registration or any other formal address in the company’s records). Evidence of attempts to contact the absent director or shareholder must also be attached to the application.

• When applying, the company must have no assets and liabilities. The registry will review the management accounts certified by the directors as true and correct. However, the registry reserves the right to require the submission of audited financial statements. If the company has not commenced operations, the applicant must inform the registry that the company has had no transactions since its incorporation date and/or has not opened a bank account; or if a bank account exists, the latest bank statement must be attached, and the Malaysian Companies Commission must be informed about the closure of the bank account.

• The company has no outstanding fees to the registry.

• According to the Companies Act 1965, the company has no outstanding fines or summonses. The company must ensure that all such payment obligations are resolved before applying for company deregistration.

• The company has no outstanding debts or other unpaid amounts to any government departments or agencies. If the company has commenced operations, all unpaid taxes must be settled, and a tax clearance obtained before submitting the application for deregistration.

• The company’s information with the registry must be up-to-date. The details of the company directors and any other relevant information must match the registry’s records. If there are any discrepancies or changes in the company directors’ information, the company must ensure that the records with the registry are updated before applying for deregistration (the applicant can check or print the company’s registration details from the nearest Malaysian Companies Commission office or through electronic services).

• The company is not involved in any legal proceedings within or outside Malaysia. If the company is aware of any impending court action, it should not apply for deregistration to avoid depriving others of the opportunity to continue legal proceedings against the company.

• The company has not provided any capital return to the shareholders. The proper procedure for returning capital to shareholders should be carried out through liquidation, reduction of capital, any reorganization plan, or other arrangements.

• The company is not a holding company or a subsidiary of another company. A holding company is responsible for taking the necessary steps to wind up its subsidiaries.

• The company is not a “guarantee company.” A “guarantee company” refers to a company that has guaranteed or agreed to guarantee the repayment of any money received or to be received by a third party.

• The deregistration process can be completed within 6 to 12 months, but it requires approval from the Malaysian Companies Commission (SSM).

For more information, refer to: Company Termination Information and the Malaysian Companies Commission (SSM) Official Portal – Company Deregistration Procedures.