Company Registration in Malaysia- An Overview

Aspect Details
Timeline The timeline for company registration in Malaysia is 1 to 2 Week
Fees The fees for online company setup in Malaysia start from US$299
Benefits The list of benefits of company formation in Malaysia are as follows:
  • Investment-Friendly Setting
  • Multilingual Society
  • Double Taxation Treaties
  • Unrestricted Repatriation of Capital
  • Government Incentives and Subsidies
  • Low Corporate Tax
  • Investor Protection
  • Legal Identity and Recognition
  • Access to Financing and Grants
  • Access to Services
  • Low Start-up Costs Compared to Other Asian Countries
  • Affordable Rental Rates
  • Lower Wages
Types Types of company registration in Malaysia are as follows:
  • Private Limited Company (Sendirian Berhad - Sdn Bhd)
  • Public Limited Companies (Berhad or Bhd)
  • Foreign Company Registration
  • Limited Liability Partnerships (LLPs) / Perkongsian Liabiliti Terhad (PLT)
  • Sole Proprietorship
  • Partnerships
  • Unlimited Company / Sendirian (Sdn)
  • Co-operative Establishment
Requirements
  • Minimum of one shareholder
  • At least one director (resident of Malaysia)
  • Minimum paid-up capital of MYR 1
  • Registered office address
  • A company secretary
  • Shareholders and directors must be 18 years or older
Documents The list of documents required for company registration in Malaysia is as follows:
  • Passport copies of shareholders and directors
  • National identity card copies (shareholders and directors)
  • Recent utility bill or bank statement
  • Certification of incorporation
  • Memorandum of Association (MoA)
  • Articles of Association (AoA)
  • Board resolution
  • Completed Forms 13A, 79, and 80
Procedure The procedure for company incorporation in Malaysia is as follows:
  • Choosing Business Structure
  • Choosing a Company Name
  • Decide Officers and Shares of the Company
  • Registration with SSM (Form A)
  • Opening a Corporate Bank Account
  • Obtain Business Licenses and Permits
How can we help? At Enterslice, we ensure a smooth and efficient Company Formation in Malaysia, offering:
  • Expert Consultation for tailored advice
  • Quick and Seamless Registration to get your business up and running without delays
  • Ongoing Support to help your business grow
  • Optimized Efficiency, reducing time and effort by 40% compared to traditional methods
  • Online company registration services in Malaysia

Go for Malaysia Company Formation and Start your Business

Let our expert consultants at Enterslice assist you with Malaysia company formation.

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Understanding Company Registration in Malaysia

Malaysia, located in Southeast Asia, is a thriving economic hub with active participation from both the government and private sectors. For entrepreneurs seeking global expansion, company registration in Malaysia is a smart choice. According to the World Bank, Malaysia ranks among the most business-friendly countries in the world. The process of registering a foreign company in Malaysia is smooth and straightforward.

However, before proceeding, it is essential for applicants to ensure compliance with local laws. The primary legislation governing company registration in Malaysia is the Companies Act 2016. This act outlines all the requirements and regulations that must be followed to establish a business in Malaysia. Our business consultants at Enterslice will ease the process of company registration in Malaysia. You may consider given below points before moving ahead with business Registration in Malaysia:

100% Foreign Ownership Allowed

One Resident Director

Minimum Paid-up Capital of 1 MYR

50 Plus DTA (Double Taxation Agreement)

24% Corporate Tax Rate

3% to 25% Withholding Tax

Business Structures for Company Registration in Malaysia

The types of business structures for company registration in Malaysia are as follows:

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Private Limited Company (Sendirian Berhad)

A private limited company, known as Sendirian Berhad (Sdn Bhd) in Malaysia, is a separate legal entity distinct from its owners. The company requires a minimum of one shareholder, one director, and a company secretary. Ownership is limited to a maximum of 50 shareholders, and it is open to both locals and foreigners. This structure makes SDN BHD an attractive choice for entrepreneurs due to its flexibility and limited liability.

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Public Limited Companies (Berhad or Bhd)

A public limited company is a business entity whose shares can be offered to the public. These companies are listed on the stock exchange and are regulated by the Securities Commission of Malaysia. They are ideal for large-scale businesses as they can raise capital from the public. Shareholders in a public limited company enjoy limited liability. There is no limit on the number of shareholders, and this business structure is open to both locals and foreigners.

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Foreign Company (Branch Office & Representative Office)

Foreign companies planning to establish a presence in Malaysia can register as foreign company under the Companies Act 2016 with the Companies Commission of Malaysia. A branch office serves as an extension of the foreign company and does not have a separate legal identity. It is permitted to carry out income-generating activities. In contrast, a representative office is set up solely for market research or promoting the parent company and is not allowed to engage in any income-generating activities.

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Limited Liability Partnerships (LLPs)/Perkongsian Liabiliti Terhad (PLT)

LLP (Also known as Perkongsian Liabiliti Terhad) is a combination of both partnerships and companies features, further LLPs offer limited liability to their partners and are governed by the Limited Liability Partnerships Act 2012. It is open to all including foreigners. LLPs help startups and SMEs grow without worrying about personal liabilities. It’s a blend of a conventional partnership firm and a company.

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Sole Proprietorship

Setting up this type of company is the easiest way to start a business in Malaysia. It requires only one owner, but the liability is unlimited. This means the owner’s personal income and assets are not protected and can be used to settle debts if the company goes bankrupt. This business structure is exclusively available to Malaysian citizens and permanent residents and not to global entrepreneurs.

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Partnerships

A partnership is a business structure with a minimum of two owners and a maximum of 20 owners. The partners pool their resources to operate the business with the goal of generating profit. Only Malaysian citizens and permanent residents are eligible to register partnerships. Similar to sole proprietorships, the liability of partners is unlimited, meaning their personal assets can be used to settle the partnership's debts.

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Unlimited Company/ Sendirian (Sdn)

An unlimited company is a business structure where members and shareholders have unlimited liability. This means they are personally responsible for covering any losses or debts incurred by the company. However, an unlimited company can be converted into a limited company by passing a special resolution and filing a notice of conversion with the Suruhanjaya Syarikat Malaysia (SSM).

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Company Limited by Guarantee (CLG)

A Company Limited by Guarantee (CLG) is a public company that does not have share capital and is generally formed for non-profit purposes. Instead of shareholders, it has members who serve as guarantors, committing to contribute a small amount towards the company's assets if it is dissolved. This structure is often utilized by charities, clubs, and other non-profit organizations.

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Co-operative Establishment

It is an independent association of individuals who voluntarily unite to fulfill their shared economic, social, and cultural needs and aspirations through a jointly-owned and self-managed enterprise. These entities are encouraged to work in sectors such as healthcare, hospitality, and manufacturing. Co-operatives are an essential part of economic growth of the Malaysia. They strive to increase the economic well-being of their members.

Checklist for Company Incorporation in Malaysia

The checklist for company incorporation in Malaysia are as follows:

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  • Business details
  • Malaysian business address
  • Director(s) (At least one resident director)
  • At least one shareholder
  • Minimum Paid capital of RM 1
  • Appointment of Company Secretary (within 30 days of incorporation)

Benefits of Business Registration in Malaysia

The list of benefits of business registration in Malaysia is as follows:

Investment-Friendly Setting

Malaysia has signed Investment Guarantee Agreements (IGAs) with over 60 countries, offering essential protections that can attract further investment. These agreements include countries such as US, UK, China, Germany, and Italy.

Multilingual Society

In addition to Bahasa Malaysia (Malay), the local population in Malaysia is proficient in English, Tamil, and Mandarin. This linguistic diversity gives businesses a significant advantage by facilitating communication across different markets.

Double Taxation Treaties

Malaysia has signed a number of double taxation treaties with other countries, eliminating double taxation on income generated within Malaysia.

Unrestricted Repatriation of Capital

Malaysian corporations face no restrictions on the repatriation of capital, profits, dividends, and royalties.

Government Incentives and Subsidies

The Malaysian government offers strong incentives and subsidies to encourage business formation and capital investment.

Low Corporate Tax

Malaysia offers a competitive corporate tax rate, with 17% for resident companies and 24% for non-resident companies.

Investor Protection

Foreign investors prefer Malaysia, particularly due to the high level of investor protection guaranteed by local legislation.

Legal Identity and Recognition

Company registration in Malaysia provides legal identity for businesses, establishing credibility for entering into contracts, opening a business bank account, and engaging in other business activities.

Access to Financing and Grants

Only registered Malaysia company formation with SSM are eligible to obtain financial assistance from banks and financial institutions.

Access to Services

Companies registered in Malaysia are eligible to access various services and benefits, including payment gateways like eGHL or iPay88. Additionally, the business name is protected and cannot be legally used by another entity in Malaysia.

Low Start-up Costs Compared to Other Asian Countries

The cost to start a business in Malaysia is very low compared to other Asian countries. It is one of the substantial benefits of company registration in Malaysia.

Affordable Rental Rates

Rentals in Malaysia are also lower compared to other Asian countries. It is one of the significant benefits for entrepreneurs seeking business registration in Malaysia.

Lower Wages

The average wages in Malaysia are far lower than in other countries. It is one of the substantial merits of online company setup in Malaysia.

How to Apply for Company Incorporation in Malaysia?

The step-by-step process to apply for company incorporation in Malaysia is as follows:

Choosing Business Structure

First, the applicant should choose a business structure that aligns with their goals and objectives. This could include options such as limited liability partnerships, private limited companies, public limited companies, and more.

Choosing a Company Name

Next, choose a unique business name and ensure it complies with legal guidelines, avoiding any misleading or inappropriate terms. Check the name availability with the Companies Commission of Malaysia (SSM), and once finalized, register it with SSM.

Decide officers and Shares of the company

This is the stage where the applicant company must decide the number of shareholders and directors and fulfil the criteria, including a minimum of one director and shareholder.

Registration with SSM (Form A)

Once the company name is approved, register your company with SSM. The registration form A must be filed by the applicant company, including details such as the business name, commencement date, addresses, information about the owners and partners, and the chosen business structure.

Opening a Corporate Bank Account

After successfully registering your company with SSM, you must open a corporate bank account with a suitable bank. Keep in mind that different banks offer varying benefits and fees, so it's important to choose one that best suits your business needs.

Obtain Business Licenses and Permit

In Malaysia, companies are required to obtain various licenses and permits based on the nature of their business. The three main types of business licenses are general licenses, sector or industry-specific licenses, and activity-specific licenses.

Profitable Businesses for Online Company Setup in Malaysia

The list of profitable businesses for online company setup in Malaysia is as follows:

General Trading

IT Business

Online shop

Car wash and automobile

Super shops or mini-mart or departmental stores

Small restaurants or café and food supply

Tourism

Construction or real estate business

Garment or, clothing or fashion

Oil and Gas Business

Mobile and Accessories

Airbnb and guest business

Documents Required for Company Registration in Malaysia

The documents required for company registration in Malaysia are as follows:

Copy of Passports of Shareholders and Directors

Copy of National Identity Card (Shareholders and Directors)

Most Recent Utility Bill or Bank Statement

Copy of Certification of Incorporation

Memorandum of Association (MoA)

Articles of Association (AoA)

Board of Resolution

Submit filled Forms 13A, 79 and 80

Compliances Post Online Company Setup in Malaysia

The compliances post online company setup in Malaysia are as follows:

  • Appointment of an auditor before the first annual general meeting.
  • Licenses & Permits including EPF registration, SOCSO registration, LHDN registration, and PERKESO registration.
  • Tax registration with the tax authorities of Malaysia (Several tax incentives for businesses in Malaysia are available)
  • Corporate bank account opening with authorized banks in Malaysia

Talk to Enterslice consultants, and let us help you overcome the challenges with minimum effort.

Taxation System for Company Incorporation in Malaysia

The taxation system for company incorporation in Malaysia is as follows:

  • Corporate tax rate is a flat 24%.
  • SST (Sales and Service Tax) is 5% or 10% for goods imported or produced in Malaysia.
  • Stamp duty ranges from 1% to 3%, depending on the transaction's value and nature.
  • Withholding tax ranges from 5% to 15%, based on the payment type and double taxation agreements (DTAs) with specific countries.
  • Customs and excise duties apply.

Requirements for Company Formation in Malaysia

The list of requirements for company formation in Malaysia is as follows:

Essentials for Company Registration in Malaysia

  • At least one shareholder
  • At least one director (resident of Malaysia)
  • Minimum paid-up capital MYR 1

Other Essentials for Malaysia Company Formation

  • Registered Office Address
  • A company secretary
  • Shareholders and Directors must be Aged 18 years and above

Legal Framework for Company Registration in Malaysia

The legal framework for company registration in Malaysia is as follows:

  • Suruhanjaya Syarikat Malaysia (SSM) - governing authority for company registration in Malaysia
  • Companies Act 2016
  • Income Tax Act 1967
  • Goods and Services Tax (GST) Act 2014 (if applicable)
  • Employment Act 1955
  • Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA)
  • Companies Commission of Malaysia (SSM)
  • Inland Revenue Board (IRB)
  • Royal Malaysian Customs Department
  • Local Municipal Councils
  • Ministry of International Trade and Industry (MITI)
  • Bank Negara Malaysia (BNM)
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Why Opt for Enterslice for Company Formation in Malaysia?

Enterslice has proved its mettle as one of the top business consulting firms for company formation in Malaysia. Given below are the reasons why entrepreneurs across the world consider us as the first choice for online company setup in Malaysia-

  • Fulfilled the Dreams of 400+ Business Owners with Company Registration in Malaysia
  • Positive Track Record of 99% for Company Formation in Malaysia
  • 24/7 Availability of Consultants for Company Registration in Malaysia
  • End-to-end Support to Passionpreneurs with Business Registration in Malaysia
  • Network of 100+ Local Partners in Malaysian Economy
  • Compliance Management Solutions for Company Incorporation in Malaysia
  • Support Through our Online Company Registration Services in Malaysia
  • Consulting Assistance for Company Formation in Malaysia

Frequently Asked Questions for Company Formation in Malaysia

Frequently Asked Questions for Company Formation in Malaysia

Yes, all Malaysian companies must have a local registered office address in Malaysia for Company registration in Malaysia.

The documents required for non-resident directors or shareholder for company registration in Malaysia are copy of passport, copy of residential address proof, etc.

To start a business in Malaysia, the first step is to register a business name Malaysia with the Companies Commission of Malaysia (SSM). After that, you need to submit incorporation documents, including the company constitution and details of directors, to SSM. Next, obtain the necessary licenses and permits specific to your business activities. Once completed, open a corporate bank account in the company’s name and register for taxes with the Inland Revenue Board (IRB) to ensure compliance with Malaysian regulations.

Yes, foreigners can go for company registration in Malaysia. However, under the regulations of the Companies Commission of Malaysia (CCM), they are only permitted to register a private limited company by shares, known as Sendirian Berhad (Sdn. Bhd.), in Malaysia.

The basic requirements for online company setup in Malaysia are at least one shareholder, minimum one resident director, registered office address, minimum paid up capital, company secretary, shareholder address etc.

Yes, incorporating a company in Malaysia is easy and straightforward process, whether you are a Malaysian or a foreign national. On average, the process takes about two to three weeks, provided there are no errors in your application.

You can register business name Malaysia with the Companies Commission of Malaysia (SSM).

There is no minimum share capital requirement for an Sdn Bhd (Private Limited Company) in Malaysia. However, shares must be issued with a total value of at least MYR 1.

Yes, foreign investors are allowed to own 100% of a company after company registration in Malaysia, with some exceptions in certain industries.

The benefits of company formation in Malaysia are -

  • Low Start-up Costs Compared to Other Asian Countries
  • Affordable Rental Rates
  • Lower Wages
  • Double Taxation Treaties
  • No Withholding Taxes on Dividends
  • Unrestricted Repatriation of Capital
  • Government Incentives and Subsidies
  • Investor Protection
  • Legal Identity and Recognition
  • Access to Financing and Grants
  • Access to Services

Some of the major tax incentives for businesses after business registration in Malaysia are as follows:

  • Pioneer Status (PS)
  • Investment Tax Allowance (ITA)
  • Reinvestment Allowance (RA)
  • Industrial Adjustment Allowance (IAA)
  • Infrastructure Allowance (IA)

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