Submitting Incorporation Particulars for a Company
What is the difference between direct incorporation and the name search reservation?
The applicant may choose either one of these method for incorporation purposes. The significant difference between these two (2) incorporations process is:
- Direct incorporation – this method of incorporation will combine the name search and incorporation process. Therefore, the applicant may require to provide the suggestions of name for the company together with all the particulars of incorporation during the registration process in the MyCoID ; while
- The name reservation application method will only requires the applicant to register the particulars for the name search process.
What are the essential particulars required to be prepared for the incorporation process?
Upon receiving the notification of an approved name, the applicant shall then within thirty (30) days proceed to file particulars of the company based on the schedule below:
Particulars of Company
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Information for Incorporation of Company
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Director
| A company director is someone who being elected or appointed to manage a company’s business and affairs.
A company director must be:- - At least 18 years old and natural person;
- Have principal or ordinary of residence address in Malaysia;
- Not discharged bankrupt; and
- Has not been convicted of any offence whether in or outside Malaysia.
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Shareholders
| Shareholders are investors in the company, but they’re not responsible for the day-to-day management of a company’s business.
Refer our
Guideline on shares for further details about share types, transfer and allotment of shares etc |
Company Secretary
| Members of professional bodies designated or licensed by SSM.
Appointment of the first company secretary shall be made within 30 days from the date of incorporation; and
Each company must have:
- At least one (1) secretary who shall be a natural person;
- 18 years of age and above;
- A citizen/permanent resident of Malaysia, who shall ordinarily reside in Malaysia; and
- Must be a member of a professional body set out in the Fourth Schedule or is duly licensed by the SSM.
- Submission of appointment can be made through
MyCoID 2016;
- Only submission of appointment of first company secretary for Company Limited by Guaranteed is lodge through counter.
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Registered address
| A registered address office is where all the documents, records, notice and all communication are kept.
The full particular of address must indicate with a no. unit or lot, level or floor, name of the building, name of road, city, postcode & state.
A company shall at all times have a registered office in Malaysia to which all communications and notices may be addressed.
The registered office shall be open and accessible to the public during ordinary business hours. The Registrar shall be notified of any change in the address of the registered office within fourteen (14) days of such change.
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Constitution
| Should a company lodge a constitution to SSM? Having constitution is an option for companies limited by shares, however it is compulsory for Companies Limited By Guarantee. A company may adopt their own constitution and the adoption shall be made by way of special resolution; Company shall then lodge the constitution with the Registrar within thirty (30) days from the date of adoption.
What is the contents of a company’s constitution? - The objects of the company;
- The capacity, rights, powers, or privileges of the company if the provision restricts such capacity, rights, powers, or privileges;
- Matters contemplated by the Companies Act 2016 also to be included in the constitution; and
- Any other matters as the company wishes to include in its constitution.
How to submit?
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Will there be any restrictions for carrying of any business activities?
There are few business activities that requires referral letter from other authority such as:
64923 (Licensed money lending activities)
A letter of approval from the Local Authority (City Council) or PBT Majlis Bandaraya / Perbandaran would need to be attached while applying for the incorporation process.
25200 (Manufacture of weapons and ammunition)
Business activities that are related to military or defence such as selling of firearms, bombs, weapons need to submit consent letter form Ministry of Home Affairs (Kementerian Dalam Negeri Malaysia) upon registering incorporation.
Some other application may also require additional supporting documents such as:
- For instance, if the company having corporate shareholders, they are required to obtain the consent document from the corporate body; or
- A copy of certificate of director’s qualification (if applicable) such as application for incorporation of company under General Medical Services Code for example certificate of medical practitioner.
Processing fees
Process
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Fees
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Direct Registration (Name reservation and incorporation) | RM 1,000.00*
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Company limited by guarantee
| RM 3,000.00
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*without integration cost
Summary of Incorporation Steps
Steps
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Guideline
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1
| How to register for user in MyCoID sign up or Login as an individual or professional user; and
The applicant then can verify their account at the nearest SSM office.
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2
| To activate MyCoID account The applicant will receive an activation email; Kindly select “Click here to login” Complete the new password creation; and
Then select the “sign in” button
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3
| What’s next? The applicant may choose either new name reservation application menu or direct incorporation menu; Then choose the status of the company either to form private company (Sdn. Bhd.) or a public company (Berhad).
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4
| Complete Super Form by filling the: - Particular of application;
- Clarification;
- Application details (directors, members/shareholders);
- Information to Agency;
- Declaration section; and
- Lodger information.
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5
| Once the particulars has been prepared - The Superform is ready to be downloaded;
- The Superform will be download in pdf file format;
- The process then will be redirected to online payment gateway.
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6
| Once the application has been approved, you may received - Notice of approval; and
- Notice of registration.
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Additional Information
Brochure/Video
FAQS – Incorporation topics