Apex Gateway

Apex Gateway Group

Malaysia Company Registration

Malaysia enjoys robust economic development and maintains stable and continual trade cooperation with neighbouring Countries.

Upon successful company registration, the company can officially commence operations. However, if the industry in which the company operates requires approval from other government regulatory bodies, it must obtain the necessary licenses or permits from these bodies before starting operations, such as in the pharmaceutical, tourism, and catering industries.

Step-by-Step Guidance

Company Name Selection and Reservation

One of the initial steps in forming a company in Malaysia is selecting an appropriate name for your business entity. Company registration services can assist in choosing a name compliant with local regulations and reserving it with the Companies Commission of Malaysia (SSM).

Document Preparation

Documents required for company formation include the memorandum and articles of association, detailed information about directors and shareholders, and other statutory documents. Apex Gateway can help prepare and submit these documents to ensure they meet all regulatory requirements.

Opening a Bank Account

Establishing a company bank account is a critical step in setting up a business in Malaysia. Our services can simplify this process by connecting you with local banks and assisting you in meeting necessary banking requirements.

Post-Registration Compliance

After successful registration, it is crucial to comply continuously with local laws. Apex Gateway can help ensure you meet all reporting and filing requirements, including annual returns and tax filings.

Choosing the right service provider is crucial.

Key Considerations

Reputation

Conduct a thorough background check on the service provider by examining their reputation and past performance. Carefully review client testimonials and references to assess their track record.

Transparency

Ensure that the service provider offers clear and transparent pricing with no hidden fees.

Local Presence

Having a local presence can be advantageous as it can facilitate smoother communication and faster problem resolution.

Experience and Expertise

Choose a service provider with a good record of assisting foreign companies in registering in Malaysia.

Our Registration Services Include:

3 Simple Steps

Choose a Company Name

Select Service Options

Complete the Form

FAQ

General

Can Foreigners Register Companies in Malaysia?
Foreigners can establish a company in Malaysia with 100% foreign ownership. However, foreign business owners must appoint at least one local resident director in Malaysia.
When is the Financial Year End in Malaysia Companies?
In Malaysia, you can choose any period for their financial year, but it is commonly set to end on December 31st or June 30th. The first financial year for a company in Malaysia must not exceed 18 months.
Does a Malaysian Company Require an Audit?
Malaysian companies are required to undergo an annual audit of their accounts.
What Documents are Required for Company Registration in Malaysia?
Documents required for registration include: English name; Registered Address; Scope of Business; Registered Capital; Financial Year; List of Directors; List of Shareholders and the amount of shares held; scanned copies of all Directors’ and Shareholders’ Identity Cards; if passport copies are provided, they must be accompanied by corresponding documents.
How Long Does it Take to Register a Company?
If all submissions meet the requirements, it typically takes 3-5 working days. Please note that any minor omission can cause delays, which is why it’s important to gather all relevant information before submitting documents.

Director

What are the requirements to be a director in Malaysia?
  1. Minimum aged of 18 and above.
  2. No bankruptcy records and has not been convicted and imprisoned.
  3. Any person over the age of 70 cannot be appointed as a director of a public company or its subsidiaries unless his appointment is approved by at least 75% of shareholders at Annual General Meeting.
How many Directors can I appoint for the company?
A company must at least have 1 director who has a place of residence within Malaysia. The requirement of residency is to ensure that there is a point of contact in Malaysia and for purposes of enforcement. Apex Gateway Nominee Director Services can help you in fulfilling the requirements)

However, the maximum number of Directors to be appointed in the Board have to comply with each of the Company Articles of Association (Eg. Number of Director shall not be less than 1 and not more than 9).
What are the main responsibilities of a Director?
  • The directors manage the company’s business in accordance with the company’s Articles of Association and the law
  • Disclosure of interest in contracts, property, offices and etc.
  • General duty to make disclosure pursuant to Section 135 of the Companies Act, 1965.
  • Any changes of particular (e.g. change of address, resignation and etc.)
  • Compliance with all Corporate Compliance Requirements

Incorporation Procedures

Why choose a Malaysia Private Limited Company (Sdn Bhd) over other options?
A private limited company is the most popular business entity in Malaysia. It has a separate legal status from that of its shareholders. Directors have limited liability for the debts and losses of the company. It usually has the words “Sdn Bhd” as part of its name.
What is the incorporation procedures?
    1. Complete the Online Incorporation Form or email us the information required [proposed company names, principal business activities of the new company setup, photocopy of all directors & shareholders I/C or passport, latest residential addresses of all directors with proof of address such as utilities (if different from IC), Paid-up capital information (min RM2 or max RM2,500), percentage of shareholding of each shareholders] to us at info@apexgateway.com.
    2. We will check the availability of the company name and get back to you within 24 hours.
    3. Once the information is received and the name is confirmed, we will email you our quotation for payment. Upon receipt of payment, the company name will be reserved at your request.
    4. Once name approved by SSM , we will prepare full set of registration documents.
    5. Signing of documents by all directors & shareholders.
    6. Once the signing of documents is done, we will proceed to incorporate the company with Companies Commission of Malaysia (SSM).
    7. Issuance of Notification of Incorporation by SSM
    8. Once the company is incorporated, we will email you all the relevant documents for records.
What are the requirements to incorporate a Private Limited Company?
The requirements to form a private limited company (identified through the words ‘Sendirian Berhad’ or ‘Sdn. Bhd.’ appearing together with the company’s name) are:
  1. A minimum of one subscriber to the shares of the company (Section 14 CA);
  2. A minimum of one resident director (Section 122); and
  3. A company secretary who can be either :
    • An individual who is a member of a professional body prescribes by the Minister of Domestic Trade Cooperative and Consumerism; or
    • An individual licensed by the Companies Commission of Malaysia (SSM)
What is the information required for incorporation?
To incorporate a company, the following information must be submitted to us at info@apexgateway.com. Alternatively, you can complete the Online Incorporation Form and send to us.
  • Proposed company names
  • Principal business activities of the new company setup
  • Photocopy of all directors’ & shareholders’ I/C or Passport
  • Latest residential addresses of all directors with proof of address such as utilities (if different from IC)
  • Paid-up capital information (min RM1 or max RM2,500)
  • Percentage of shareholding of each shareholders.
How long does it take to incorporate a Private Limited Company in Malaysia?
Based on our experiences dealing with SSM, the entire incorporation process will take 7-10 working days from the date that directors & shareholders sign the incorporation documents.

Please note that the incorporation timeline is highly dependent on the accuracy and completeness of information and documents and also subject to the availability & stability of SSM’s MyCoID online system.
Upon incorporating a Malaysia company, what are the things to take note of?

After your Malaysia company has been setup, you can start your business activities immediately. However, you may need to do some or all of the following if applicable to you:

Open bank
If your business requires one or more licenses, you may need to obtain the relevant licenses first before you can commence your business
Register for Goods & Services Tax (GST) if necessary. The registration of GST is not mandatory unless your annual turnover exceeds RM500,000. We can help you register for GST, if you so
If you intend to hire local employees (Malaysia citizens and/or permanent residents) you will need to open an account with the Employment Provident Fund (EPF) A percentage of the local employees’ salaries will be contributed to the EPF Board on a monthly basis as part of their retirement fund. For more details, please visit EPF web portal. We can help you register your company EPF account and manage your staff payroll, if required.

You will need to decide on your company’s fiscal year end, which can be any date within 18 months from the date of incorporation of your You will need to keep track of your income and expenses (bookkeeping) according to Malaysia accounting standards. Depending upon the volume of transactions, we can provide bookkeeping services either on a weekly, monthly, quarterly or yearly accounting basis.

Shareholders

What is the main differences between Shareholder & Director?

Shareholders owns the company by owning its shares. Although the roles are completely distinct, a single person can assume both positions (both directors and shareholders)

Directors also known as Company Officers, are appointed to a company at the discretion of its shareholders. They are responsible for managing a company lawfully and ethically in accordance with the Companies Acts and the Articles of Association.
Required to run a business within their powers.
Expected to promote the success of a business with a view to making a profit for the benefit of the company and its shareholders.
May receive a salary and dividend payments.
Their rights and powers are determined by the shareholders.
Legally responsible to ensure company is comply with all corporate compliance requirements such as filing true and fair annual accounts, Annual Returns, and Company Tax Returns within the deadlines, and ensuring all required taxes are paid on time.
Can be removed and disqualified if they are incompetent, display ‘unfit’ conduct or breach their contract in any way.
Can be held personally liable and prosecuted should they fail to uphold their legal responsibilities and duties.
Normally authorized to issue and transfer shares in a company, but this depends on the Articles of Association.

Shareholders also known as members. The first shareholders are known as subscribers.
Can be a natural person or a corporate body.
Own some or all of a company through shares.
Liability is limited to the nominal value of their shares. Should the company run up any debts, they are only responsible for the amount of their shares.
Can also be directors.
Not involved with the everyday activities of the company, unless they are also directors.
Have the power to appoint and remove directors and company secretaries at any time.
Can choose what powers and rights the company directors have.
Proportion of ownership depends on the number, value and class of shares held.
Their voting rights, capital rights and dividend rights depend on the Prescribed Particulars of their shares.
Will make decisions about significant issues such as changing the company name or structure, investment opportunities, issuing shares, appointing an auditor to inspect the accounts, appointing or removing a director, changing a director’s powers, changing the Articles of Association or Shareholders’ Agreement.
Normally have a right to any surplus capital if the company is wound up.

How many shareholder need to be appointed?
The minimum number. of shareholders is one (1).
What are the liability of a shareholder?
A shareholder of a Company Limited by shares (Sdn Bhd), is not liable for the company’s obligation (liabilities). The liability of the shareholder is limited to any amount unpaid on the shares held by him in the event of winding up.

Incorporation Services

What did the standard incorporation packages included?

Apex Gateway could help you to register your new company in Malaysia at only RM2,988 ONLY and free one year Secretarial Services. The Best & Fastest Company Incorporation Services in Johor, Kuala Lumpur and Malaysia with no hidden costs. Check out the information below for more details.

Our Standard Malaysia Incorporation services package includes the following:-

  • Unlimited name search for availability of proposed names for register company in Malaysia
  • Name reservation with register SSM for 2 times
  • Approval Letter To Use Name
  • Paid up capital – RM1 to RM1,000
  • Registration fee of RM1,000 payable to SSM for registration
  • Submission of Form to SSM after registration
  • Prepare resolutions for First Board of Directors’ Meeting
  • Prepare resolution to open the company’s bank account (Free up to 2 accounts)
  • Prepare 2 sets of certified true copies of incorporation documents
  • Free incorporation consulting & advisory servicesFree tax planning and GST advice by our Tax Director from Big Four
  • Transparent fees for Malaysia Company Setup

Our Secretarial Services Package fee includes the following:-

  • Acting as named Corporate secretary by our qualified professional staff (Malaysian)
  • Safekeep company common seal, if any
  • Maintaining the Minutes and Register Books
  • Advice on secretarial/statutory/compliance/accounting/tax/GST matters
  • Monitoring and ensuring compliance with relevant legal requirements, particularly under the Companies Act and Income Tax Act. Regular compliance alert via email.
  • Provision of registered office address includes:
  • Statement of letter is available upon request
  • Free Scanning letter services upon request
  • Free daily letter/parcel notifications via email

There will be different requirements for authorised & paid-up capital for different licensing or application employment Further details, please refer Company’s Paid Up Capital Requirements For Employment of Expatriate.

Why Apex Gateway request payment upfront for Annual Company Secretary Fees & AGM Fees?
Section 139 of the Companies Act requires every company shall have one or more secretaries each of whom shall be a natural person of full age who has his principal or only place of residence in Malaysia. In addition, the first secretary of a company shall be named in the memorandum or articles of the company.

This mean you are required to appoint Apex Gateway as your Company’s first secretary in order for us to assist you in the incorporation of your proposed Company. Therefore, we request one year fees in advance for the secretary services.
What are Apex Gateway terms for incorporation services?
Any engagement of services with Apex Gateway is subject to the satisfactory conclusion of our client acceptance /due diligence check procedures. Clients are required to furnish the necessary information for us to perform client acceptance /due diligence check procedures. Secretary agreement are required to be signed by the corporate representative / director to confirm the understanding of, agreement to and acceptance of the scope of services, both parties’ responsibilities and the services terms and conditions.

In the event that the services are deemed impermissible under any applicable independence restrictions, we reserve the right to terminate the services and the Client agrees to release us from any obligations with immediate effect. In no event shall we be obliged to perform any services that would cause us to be in violation of any applicable law, rule or regulation, or any professional standards applicable to us.
What are compliance requirements for a Sdn Bhd?

Here’s a breakdown of a Sdn Bhd’s monthly and annual compliance obligations.

Monthly compliance requirements

  • Corporate tax payment.
  • Employees’ payroll tax (PCB) payment.
  • EPF, SOCSO, and EIS payment.

Annual compliance requirements

  • Financial year-end lodgement.
  • Auditor appointment.
  • Business license renewal.
  • Submission of tax estimates and returns.
  • Lodgement of financial statements with directors’ report.
  • Annual return lodgement.

Others

What is SSM and CCM?
SSM or Suruhanjaya Syarikat Malaysia is the malay term of CCM or Companies Commission of Malaysia. They serve as a government agency to incorporate companies and register businesses as well as to provide company and business information to the public.
What is Annual Return?
All the companies are required to lodge every year with the SSM. Its annual return which must be made up to the date of the Annual General Meeting (“AGM”) in the year or to a date not later than 14 days after the date of the AGM of the company. The Annual Return accompanies by a certificate and a list of members must be signed by a director or by the manager or secretary of the company and lodged with the CCM together with the Audited Financial Statements within one (1) months from the date of AGM.

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