A foreign company may start up its business in Malaysia or set up its business registration in Malaysia by either one of the following ways:
- Incorporate a local company with the Companies Commission of Malaysia (also known as Suruhanjaya Syarikat Malaysia or SSM); or
- Register a foreign company in Malaysia with SSM.
A foreign company is defined under the Malaysian Companies Act 1965 (CA) as:
- a company, corporation, society, association or other body incorporated outside Malaysia; or
- an unincorporated society association, or other body which under the law of its place of origin may sue or be sued, or hold property in the name of the secretary or other officer of the body or association duly appointed for that purpose and which does not have its head office or principal place of business in Malaysia.
A. PROCEDURES TO REGISTER FOREIGN COMPANY IN MALAYSIA
B. DOCUMENTS REQUIRED TO REGISTER A FOREIGN COMPANY
If the list includes directors residing in Malaysia who are members of the local board of directors of the foreign company, a memorandum stating their powers must be executed by or on behalf of the foreign company and submitted to SSM.
C. REGISTRATION FEES FOR AUTHORISED SHARE CAPITAL OF FOREIGN COMPANY
|NOMINAL AUTHORISED SHARE CAPITAL (RM EQUIVALENT)||FEES (RM)|
|Up to 100,000||1,000|
|100,001 – 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|
- In determining the amount of registration fees, the nominal authorised share capital of the foreign company should first be converted to the Malaysian Currency (Ringgit Malaysia) at the prevailing exchange rate.
- In the event a foreign company does not prescribe any share capital, a flat rate of RM 1,000.00 shall be paid to SSM.
D. CERTIFICATE OF INCORPORATION
If any of the described registration documents are in languages other than Malay or English, a certified translation of such documents in Malay or English shall be required.