How Indians are Starting a Business in Malaysia
- January 24, 2023
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How Indians are Starting a Business in Malaysia
Malaysia is the Land of Malays and also the Land of Business Opportunities. But the business opportunities are not limited to only Malays. The Corporate Authority of the Malays allows Foreign Investors and Establishments to set up their own Company on its Island Nation. All they have to do is apply for the Company Registration procedure with the Malay Authority as per the prescribed incorporation regulations. In this article, we have detailed the required incorporation procedure as per the Malay regulations. Every aspect of the Business Registration procedure in Malaysia is detailed in this article.
General Procedure for Foreign Company Registration in Malaysia
Now, let us see each of the procedural steps one by one.
- Choose a Company Name and Conduct a Name Search on it
- Reserve the chosen trading name for the proposed Company
- File the Company Incorporation Application with the Malay Authority
- File the requisite Declarations for Company Formation in Malaysia
- Examiner assesses the Application & Issues a Notice of Registration
- Obtain the Certificate of Incorporation and other Business Licenses
Registration Procedure in Detail
Choose a Company Name & Conduct a Name Search on it
The registration applicant must conduct a dedicated Name Search to check the availability of their chosen name. Some of the guidelines for choosing a company name in Malaysia are mentioned in the following points:
- A Company name must be unique. It must not be similar to a registered name
- A Company name must comply with the Companies Act's nomenclature requirements
- The registration applicant must not use any offensive term for trade naming itself
- A Company name must not breach any Intellectual Property Rights in Malaysia
- A Company name must be reserved with the IPR Authority
- The applicant must timely submit the incorporation documents to the SSM
- The applicant must also submit the documents within three months from the date of its name approval
File the Company Incorporation Application with the Malay Authority
The applicant must provide the incorporation details in the company registration application. He must also provide the details related to the following:
- Appointed Directors of the Company
- Subscribed Shareholders of the Company
- Designated Members of the Company
In addition, the applicant must also detail the commercial activities to be carried out by the proposed Company, along with the official address.
File the requisite Declarations for Company Formation in Malaysia
The registration applicant must provide the requisite declarations to register a Business in Malaysia. The declaration must state the information provided by the Incorporation Application is true to the applicant's knowledge.
Examiner assesses the Application & Issues a Notice of Registration
After the application submission, the SSM will review the application for inconsistencies. If SSM encounters no problems by the SSM related to the application, it will send a registration notice to the applicant.
Obtain the Certificate of Incorporation and other Business Licenses
Suppose the applicant's filed application complies with the registration procedures and submission of the duly attested documents and the prescribed licensing fee. In that case, the SSM will issue the Certificate of Incorporation to the applicant company. After the Incorporation, the newly registered Company must obtain the licenses/permits from the relevant authorities before starting its business activities, as mentioned in its Memorandum of Association.
To know more about the procedure for Company Registration in Malaysia, connect with the Incorporation Experts at Registrationwala.
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