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Malaysia Company Registration

From company establishment to follow-up maintenance(math.) genus

Helping you to develop the Southeast Asian market efficiently

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What are the advantages of registering a company in Malaysia?

Strategic gateway to Southeast Asia, radiating the ASEAN market
Located at the center of ASEAN and politically and economically stable, Malaysia is an ideal springboard to access the ASEAN market with a population of over 600 million. Its well-developed infrastructure, multiculturalism and widely-spoken English provide great convenience for cross-border operations.
An important bridge to the Muslim market
As a key member of the Organization of Islamic Cooperation (OIC), Malaysia has a well-established Halal industry certification system (Halal). Incorporating a company here is a key step in obtaining Halal certification for products and services and gaining access to the large global Muslim consumer market.
Pro-business environment and tax incentives
The Malaysian government offers several tax incentives such as Pioneer Status and Investment Tax Allowance. Companies in specific zones (e.g. Free Trade Zones, Digital Free Trade Zones) and in specific industries (technology, manufacturing, exporting) can enjoy preferential tax rates or tax holidays ranging from 0-10%.
Competitive operating costs
Compared to other developed ASEAN countries such as Singapore, Malaysia has significant advantages in office leasing, professional services and labor costs, providing companies with a cost-effective base of operations.
Relatively high confidentiality of company information
Company registration information (e.g. register of shareholders) in Malaysia is not fully publicly accessible, providing investors with better privacy protection.

What are the requirements for registering a company in Malaysia?

Company Name Requirements

The name must be in English or Malay and end with "Sendirian Berhad" (abbreviated as Sdn Bhd), meaning a private limited company. The name must be submitted to the Companies Commission of Malaysia (SSM) for verification and approval.
Registered Address Requirements

Must have a valid local registered office address (which must not be a P.O. Box only) within Malaysia for the purpose of receiving government correspondence. This address needs to be registered with SSM at the time of incorporation.
Registered Capital Requirements

The minimum paid-up capital for a private limited company (Sdn Bhd) is usually RM1 and there is no minimum authorized capital requirement, providing an extremely low threshold for entrepreneurs to get started.
Shareholder, Director and Secretary Requirements

Shareholders: at least 1 and up to 50. Can be natural or legal persons, no statute restriction. Foreign investors can 100% holdings (except for a few restricted industries).
Directors: At least 1, must be a natural person over 18 years of age. At least 1 director must be ordinarily resident in Malaysia (Malaysian citizen, permanent resident or holder of a long term residence permit).
Company Secretary: A licensed Malaysian company secretary must be appointed within 6 months of company formation to ensure compliance.
Business Scope Requirements

Needs to be specified in the articles of incorporation. Certain industries (e.g. finance, education, tourism, etc.) require additional permits or licenses from relevant government departments prior to registration.

What are the main types of Malaysian companies?

Sdn Bhd (Sendirian Berhad, Sdn Bhd) Berhad, Bhd. Limited Liability Partnership (LLP) Branch or representative office

Sdn Bhd (Sendirian Berhad, Sdn Bhd)

This is the most common form of foreign enterprise set up in Malaysia. The liability of shareholders is limited to their shares, the transfer of shares is restricted and funds cannot be raised from the public. The structure is standardized and highly reputable.

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corporation

Funds can be raised from the public on a larger scale, and this form is usually used by companies intending to go public. Establishment and maintenance requirements are more stringent.

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Limited Liability Partnership (LLP)

Combines the characteristics of a corporation and a partnership, with limited liability for partners and flexible internal management. Suitable for professional service organizations (e.g. accounting firms, law firms).

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Branch or representative office

Companies already registered in other countries may set up a branch (which may carry on business) or a representative office (market research and liaison only, not for profit) in Malaysia. Legal liability is borne by the foreign parent company.

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Basic information to be prepared for registering a Malaysian company

1. Name of the company

Provide 1-3 alternative English/Malay names in order of preference.
2. Shareholder and director information

Clear passport copies of all shareholders and directors, proof of address (utility bills or bank statements for the last 3 months), contact details. It is necessary to state the percentage of share distribution.
3. Information on local directors in Malaysia

If you are unable to do so, our services may include the provision of an eligible local titular director.
4. Information on company secretaries

A qualified licensed secretary is usually provided by the agent registrar.
5. Proof of registered address

Provision of local registered address in Malaysia (compliant commercial address service can be provided by the agent).
6. Information on registered capital

Determine the amount of the company's registered capital and paid-up capital.
7. Description of the scope of operations

Clarify the proposed operational activities to be undertaken

Registration time: about 2-4 weeks total for the entire standard process

1

Phase I
Name check and reservation (approximately 1-3 business days)

Submit company name application to the Companies Commission of Malaysia (SSM), check and obtain name approval.
2

Phase II
Preparation and signing of documents (approximately 1 week)

Drafting of statutory documents such as Memorandum and Articles of Association (M&A), forms, etc. and signing by the first director, shareholders and secretary. At the same time, arrange for local Malaysian directors (if required) and company secretary.
3

Phase III
Submit registration application to SSM (approximately 1-2 weeks)

Submit all signed and corrected documents together with the registration fee to SSM, after review and approval, SSM will issue a Certificate of Incorporation (Form 9, Form 13, Form 24, etc.) and the company will be officially incorporated.
4

Phase IV
Follow-up on key formalities (approximately 1 week)

This needs to be done immediately after the company is formed:
(1) Engraving the company's legal seal;
(2) Opening a bank account for a Malaysian company;
3) Register with the Inland Revenue Department of Malaysia (LHDN) to obtain a tax number;
4) Registering employees for Employees Provident Fund (EPF) and Social Security (SOCSO) (if required).

Q&A Frequently Asked Questions

Q1: Can a foreigner own a Malaysian company with 100%?

A: The vast majority of industries are allowed. Malaysia is very open to foreign shareholdings and foreign investors can set up 100% foreign-owned private limited companies (Sdn Bhd) in most sectors, except for a few reserved sectors (e.g. finance, insurance, real estate agents, etc.) that involve national security and Malay rights and interests.

Q2: Is it necessary to have a local director to register a Malaysian company?

A: Yes, this is a statutory requirement. Under the Companies Act 2016, every Malaysian private limited company must have at least one director who is "ordinarily resident in Malaysia". This director can be a Malaysian citizen, permanent resident or a foreigner holding a long term residence permit in Malaysia (e.g. Second Home MM2H visa).

Q3: Is it costly to maintain a company every year after it is registered? What needs to be done?

A: Major maintenance work includes:
1) Annual filing: annual report and financial statements (subject to audit, unless a small company qualifies for an audit exemption) are filed with SSM;
(2) Tax Returns: Filing of Corporate Income Tax Returns;
3) Update company secretary and registered address information. Appointing a professional secretarial firm to handle this is a way to ensure compliance and efficiency.