New Company Formation
in Malaysia

COMPANIES COMMISSION OF MALAYSIA

Companies wishing to operate in Malaysia must register with the Companies Commission of Malaysia (Companies Division). Under the regulations of the Companies Commission of Malaysia, there are different procedures for local companies and foreign companies.

Local companies must make an application to the Companies Commission to inquire if the intended name is still available for registration.

A reservation period of three months will be granted if the name is available, during which time the company must submit copies of documents like Memorandum and Articles of Association, Statutory Declaration of Compliance and Statutory Declaration, plus relevant fees. A certificate of incorporation will be bestowed by the Registrar of Companies once registration procedures are completed and approved.

Companies must file registers of members, directors, managers, secretaries and interest holders with the Commission at all times.

Foreign companies must incorporate a local company or register a branch in Malaysia in order to conduct business in this country. The company must also undergo the same procedure as a local company, that is to file an application to inquire if the intended name is still available.

A reservation period of three months will also be granted if the name is available, during which time the company must submit copies of documents like Certificate of Incorporation, Company Charter, List of Directors, a memorandum of appointment authorising a Malaysian resident to accept any notices served on the company and Statutory Declaration, plus relevant fees.

Any documents in a language other than Bahasa Malaysia or English must have an accompanying certified translation. The Registrar of Companies will bestow upon the applying company the status of a foreign company operating in Malaysia once all procedures are completed and approved.