Frequently Asked Question

Company Formation in Malaysia

1. What is Company Secretary?
2. Who can be a Company Secretary?
3. Yes, how and where do I form a business in Malaysia?
4. What is the requirement to become Directors, Subscribers and Secretary(ies)?

1. Interpretations of Terms
2. Management and Adminstration
3. Wind Up of Company
4. Other worthy notes in Malaysia Companies Act 1965

DISPLAY OF COMPANY NAME ON ALL OFFICES REGISTERED UNDER THE COMPANIES ACT,1965

Local Companies Registered in Malaysia As provided under section 121(3) Companies Act 1965, every company shall paint or affix and keep painted or affixed on the outside of every office or place in which its business is carried on, in a prominent position in romanized letters easily legible its name, and also, in the case of registered office, the words "Pejabat Yang Didaftarkan " and if it fails so to do the company shall be guilty of an offence against this Act. Penalty : One Thousand Ringgit. Default Penalty. Foreign Companies Registered in Malaysia As provided under section 338(1)(a) Companies Act 1965, a foreign company shall conspicuously exhibit outside its registered office and every place of business established by it in Malaysia in romanized letters its name and the place where it is formed or incorporated. If default is made in complying with this provision, the company and every officer of the company who is in default and every agent of the company who knowingly and willfully authorizes or permits the default shall be guilty of an offence against this Act punishable under section 349 of the same Act. Penalty: One Thousand Ringgit. Default Penalty.

REGISTERED OFFICE

A company must have a registered office in Malaysia of which all books and accounts required under the Companies Act 1965 should be kept. The register of members, register of directors, managers and secretaries and register of charge (if applicable) and register of interest holders (if applicable) have to be kept and changes thereto have to be filed with the SURUHANJAYA SYARIKAT MALAYSIA or Registrar of Companies.

POWERS OF THE COMMISSION

The Commission has been granted specific powers to facilitate the effective execution of its functions. The powers accorded to it among others, include: The appropriate utilization of both movable and immovable assets To impose fees or charges for services rendered To appoint such agents, experts or consultants To provide loans to employees Responsible for the development of its human resources To extend its cooperation with any organization To establish committees to look into the implementation of its functions where members of the committee may be appointed from among members of the Commission or any other person the Commission deems fit