foreign incorporation in malaysia

A foreign company may carry on business in Malaysia by either:
a. incorporating a local company with SSM; or
b. registering the foreign company in Malaysia with SSM.
Foreign company is defined under the CA as:
a. a company, corporation, society, association or other body incorporated outside Malaysia;
or
b. an unincorporated society association, or other body which under the law of its place of
origin may sue or be sued, or hold property in the name of the secretary or other officer of
the body or association duly appointed for that purpose and which does not have its head
office or principal place of business in Malaysia.

 

Registration Procedures
1. Name Search With SSM And Application For Name
A name search must be conducted to determine whether the proposed name of the company is
available for registration. The steps involved are:
i. Completion and submission of Form A CA (Request for Availability of Name) to SSM; and
ii. Payment of a RM0.00 fee for each name applied.
The name to be used to register the foreign company should be the same as registered in its country
of origin. When the proposed company’s name is approved by SSM, it shall be valid for three
months from the date of approval.
2. Lodgement of Registration Documents
Registration documents (as further explained below) must be submitted to SSM within three months
from the date of approval of the company’s name by SSM, failing which a fresh application for a
name search must be done [Steps (i) and (ii) above shall have to be repeated].

foreign incorporation in malaysia

Registration Documents
The following documents shall be submitted to SSM for registration:
i. A certified copy of the certificate of incorporation or registration of the foreign company;
ii. A certified copy of the foreign company’s charter, statute or Memorandum and Articles of
Association or other instrument defining its constitution;
iii. Form 79 (Return By Foreign Company Giving Particulars Of Directors and Changes Of
Particulars);

NOTE: If the list includes directors residing in Malaysia who are members of the local board of
directors of the foreign company, a memorandum stating their powers must be executed by or on
behalf of the foreign company and submitted to SSM.
iv. A memorandum of appointment or power of attorney authorizing the person(s) residing in
Malaysia, to accept on behalf of the foreign company any notices required to be served on
such foreign company;
v. Form 80 (Statutory Declaration By Agent Of Foreign Company); and
vi. Additional documents consisting of:
• The original Form A; and
• A copy of the letter from SSM approving the name of the foreign company

Registration Fees
Each application for the incorporation of a company shall be accompanied with payment as per the
schedule below:
AUTHORISED SHARE CAPITAL (RM) — FEES (RM) (RM EQUIVALENT)
Up to 100,000 –> 1 ,000
1 00,001 – 500,000 –> 3 ,000
500,001 – 1 million –> 5,000
1 ,000,001 – 5 million –> 8,000
5,000,001 – 10 million –>10,000
1 0,000,001 – 25 million –> 20,000
25,000,001 – 50 million –> 40,000
50,000,001 – 100 million –> 50,000
1 00,000,001 and above –> 70,000
Certificate of Incorporation
A Certificate of Incorporation will be issued by SSM upon compliance with the incorporation
procedures and submission of duly completed incorporation documents.

 

* Please consult with us if you needed expertise to register your company please contact 016-6631979 (Ezlie) for more information.

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