PROCEDURE

If you decide to hire us, the following are the steps we will take to incorporate your company;

  1. We will conduct due diligence where you are required to submit all the documents below as well as fill up several forms,
  2. Pay our fees,
  3. We will conduct name search with the Companies Commission to determine if the name you proposed is available for registration. If that name is approved, it will be reserved for 3 month.
  4. We will then proceed with the incorporation. This must be done within that 3 months, failing which fresh search and reservation of name will have to be done again, incurring another fee.
  5. After the registration has been successful the Certificate of Incorporation will be issued by the SSM upon compliance with the registration procedures and submission of the duly completed registration documents.
  6. Within 1 month after the Certificate of Incorporation has been issued, we will lodge with the SSM 3 returns giving particulars of,
    1. The Shareholders, Directors and Secretary,
    2. Registered office days and hours,
    3. Details about the allotment of shares

    Filing is done online but any alteration to be made after the first filing is to be done manually. No filing fee is charged.

  7. Finally, we will send you a Corporate Kit for your keeping containing, the Cover Letter, Certificate of Incorporation Statutory Register, Memorandum and Articles of the company, Share Certificates, Rubber Stamp, Company Profile, and Director’s Resolution, FORM24, 44, 48A, 49 and First minute of meeting or circular resolution.

 

REQUIREMENTS

To incorporate the company we need the following from you;

  1. Proposed name of your new company. Please provide us at least 3 names;
  2. Deposit of RM150 for name reservation,
  3. Business activities of the company,
  4. Photocopy of all directors’ & shareholders’ NRIC/Passport – minimum 2 directors and 2 shareholders
    If shareholder is a corporation, certified copy of Certificate of Incorporation,
  5. Proof of address (residential address). For foreign nationals local address is mandatory,
  6. Paid up capital information if any,
  7. Percentage of shareholding of each shareholders, and
  8. Registration fee. It depends on the amount of shares you want your company to have. Standard amount for incorporation is 400,000 unit of RM1 shares each. But if more than that, the scale below applies;

 

AUTHORISED SHARE CAPITAL FEES (RM)
Up to 400,000 1,000
400,001 – 500,000 3,000
500,001 – 1 million 5,000
1,000,001 – 5 million 8,000
5,000,001 – 10 million 10,000
10,000,001 – 25 million 20,000
25,000,001 – 50 million 40,000
50,000,001 – 100 million 50,000
100,000,001 and above 70,000

 

ANNUAL MAINTENANCE OF A SENDIRIAN BERHAD COMPANY AND OUR FEES

Just like a car, a company once created is required by the Companies Act to be maintained every year. And for these there are fees involved. Unlike car which can break down if not maintained regularly, a company can be liable to a fine or struck off from Register if the maintenance required are not done on time. Its Company Secretary can be liable to a fine and blacklisting too. So what your company is required to do annually on time are;

  1. Hold an Annual General meeting
  2. Lodge an Annual Return together with the Audited Account with the Companies Commission 2 month before its AGM containing such particulars and accompanied by copies of such documents as the company is required to annex with its balance sheet by the law applicable in its place of incorporation. For foreign company, it must also attach a statutory declaration (FORM 87) verifying that the copies attached are true copies, together with an audited statement showing its assets and liabilities in Malaysia, an audited profit and loss account which complies with the requirements of the Ninth Schedule, and a report of an approved company auditor. If such balance sheet or audited accounts is not written in Bahasa Malaysia or English, a certified translation must be provided.
  3. Lodge the following statutory documents whenever there are changes made in its registered particulars;
    1. FORM 81 – Notice by Agent of Foreign Company of Cessation of the Company
    2. FORM 82 – Notice by Foreign Company of Cessation of Agency
    3. FORM 84 – Particulars of Change or Alteration Relating to Foreign Companies
    4. FORM 85 – Particulars of Change of an Agent of Foreign Company
    5. FORM 85A – Particulars of Change of Name or Address of Agent of Foreign Company
    6. FORM 86 – Particulars of Change of Address of Registered Office of Foreign Company in Place of Incorporation or Origin

 

Here at Law & Commerce, our fees are roughly as follows; Click here

 

TIME FRAME

The incorporation doesn’t take much time. Below are roughly the time we take to incorporate the company.

 

No. Items Description
1 Conducting name search A few minutes
2 Name reservation Approval is 1 day unless there’s query where approval will be the next day
3 Pre incorporation preparation 1 day if all documents we require are completed in time
4 Incorporation 1 to 2 days if there is no query from the SSM
5 Handover of corporate kit 1 week from incorporation is successful