How To Register A Company In Malaysia With SSM
Registering a company in Malaysia with the Companies Commission of Malaysia (SSM) can be done online or in-person. Here are the steps:
- Choose a company name: You need to choose a unique name for your company. The name must not be similar to any existing registered company or trademark.
- Reserve the company name: After choosing a company name, you can reserve it for 30 days by applying for name reservation with SSM online or in-person.
- Determine the type of company: Decide on the type of company you want to register, such as a sole proprietorship, partnership, or private limited company (Sdn Bhd).
- Prepare the necessary documents: The documents required for registration depend on the type of company. For example, for a Sdn Bhd, you will need to prepare the Memorandum and Articles of Association, Form 9, Form 24, Form 44 and Form 49.
- Register the company: Once you have prepared the necessary documents, you can register your company with SSM online or in-person. If you choose to register online, you will need to create an account on the SSM website and fill in the required information. If you choose to register in-person, you can visit any SSM office and submit the required documents.
- Pay the registration fees: You will need to pay the registration fees online or in-person once your application is approved by SSM.
- Obtain the necessary licenses and permits: Depending on your business activities, you may need to obtain additional licenses and permits from relevant authorities.
After completing these steps, you will receive a certificate of incorporation from SSM, indicating that your company is now officially registered in Malaysia.
Choose A Company Name
Choosing a suitable company name is the first and important step towards registering a company with SSM Malaysia. A good company name should reflect the nature of the business and be unique, distinctive, and memorable. Here are some guidelines to follow when choosing a company name:
- Unique and Distinctive: The name should not be similar to an existing company name or trademark. You can check the availability of the proposed name by conducting a name search on the SSM website or in-person.
- Avoid Sensitive Words: Avoid using words that are related to government agencies, royalty, or have religious connotations. This can cause delays in the registration process or result in rejection.
- Relevant to Business: The name should reflect the nature of your business and be relevant to the products or services you offer. This will help customers to identify and remember your business.
- Easy to Remember: A short and memorable name is easier for customers to remember and will make your business stand out.
- Avoid Acronyms: Avoid using acronyms or initials as the company name, as this can be confusing for customers.
- Avoid Offensive Words: Avoid using words that are offensive, vulgar, or discriminatory. This can damage the reputation of your business and result in rejection of your registration application.
- Think Long Term: Choose a name that can withstand the test of time and is suitable for future business expansion.
Once you have chosen a suitable company name, you can reserve it with SSM for 30 days by applying for name reservation. This will give you time to prepare the necessary documents for registration.
Check Name Availability
Before you can register a company with SSM Malaysia, you need to ensure that the proposed name is available and not already registered by another company. Here are the steps to check name availability:
- Visit the SSM website: Go to the Companies Commission of Malaysia (SSM) website at www.ssm.com.my.
- Conduct a name search: On the SSM website, click on “e-Search” and select “Company Name Search.” Enter the proposed name of your company and click on “Search.”
- Review search results: The search results will show if the proposed name is available, taken, or if there are similar names already registered. If the proposed name is taken, you will need to choose a new name.
- Conduct an advanced search: If you want to conduct a more detailed search, you can click on “Advanced Search” and enter additional search criteria, such as the company type, date of incorporation, and location.
- In-person name search: Alternatively, you can conduct a name search in-person at any SSM office. You will need to provide the proposed name of your company and pay a fee for the search.
- Reserve the name: Once you have confirmed the availability of the proposed name, you can reserve it with SSM for 30 days by applying for name reservation. This will give you time to prepare the necessary documents for registration.
It is important to choose a unique and available company name to avoid any legal issues or delays in the registration process.
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Chapter 3: Decide The Type of Business
Once you have checked the availability of the company name, the next step is to decide on the type of business entity that you want to register with SSM Malaysia. Here are the three common types of business entities in Malaysia:
- Sole Proprietorship: This is a business owned by one person, and the owner is personally liable for all the debts and obligations of the business. It is suitable for small businesses with low start-up costs and simple operations.
- Partnership: This is a business owned by two or more individuals, and they are jointly and personally liable for all the debts and obligations of the business. Partnerships can be general partnerships or limited partnerships.
- Private Limited Company (Sdn Bhd): This is a separate legal entity from its owners, and the liability of the shareholders is limited to the amount of capital they have invested in the company. Sdn Bhd is suitable for businesses that require a larger amount of start-up capital and have complex operations.
Here are some factors to consider when deciding on the type of business entity:
- Liability: Consider the level of personal liability you are willing to accept. A sole proprietorship and partnership have unlimited liability, while Sdn Bhd has limited liability.
- Ownership: Consider the number of owners you want for your business. A sole proprietorship has only one owner, while a partnership can have two or more owners. Sdn Bhd can have up to 50 shareholders.
- Capital: Consider the amount of start-up capital you need for your business. A sole proprietorship and partnership may have lower start-up costs, while Sdn Bhd requires a higher amount of capital.
- Complexity: Consider the complexity of your business operations. Sdn Bhd is suitable for businesses with complex operations, while a sole proprietorship and partnership are suitable for simple operations.
It is important to carefully consider the type of business entity that is most suitable for your business needs before proceeding with the registration process.
How To Register An Enterprise
If you have decided to register a Sole Proprietorship or Partnership with SSM Malaysia, here are the steps to follow:
- Prepare the necessary documents: You will need to prepare the following documents:
- Form A or Form D: This is the registration form for Sole Proprietorship or Partnership respectively.
- Identity Card or Passport copy of the owner(s).
- Business address proof: You will need to provide proof of the business address, such as a tenancy agreement or utility bill.
- Name search result.
- Complete the registration form: Fill in the registration form (Form A or Form D) with the necessary information, such as the name and address of the business, details of the owner(s), and nature of the business.
- Submit the application: Submit the completed registration form and the necessary documents to any SSM office or online through the SSM e-Lodgement portal.
- Pay the registration fee: You will need to pay the registration fee for Sole Proprietorship or Partnership. The fee varies depending on the state where the business is registered.
- Obtain the registration certificate: Once your application is approved, you will receive the registration certificate for your business.
Note: It is important to keep a copy of the registration certificate and all the relevant documents as proof of registration.
It is important to register your business with SSM Malaysia to operate legally and enjoy the benefits of having a registered business entity.
How To Register Sendirian Berhad (Sdn. Bhd.)
If you have decided to register a Sendirian Berhad (Sdn. Bhd.) with SSM Malaysia, here are the steps to follow:
- Reserve the company name: Before registering your Sdn. Bhd., you must reserve your company name with SSM Malaysia. You can do this by submitting Form PNA 42 together with the necessary fee.
- Prepare the necessary documents: You will need to prepare the following documents:
- Form 9: This is the application form for registration of a company.
- Form 48A: This is the consent to act as a director and statement of non-disqualification to act as a director form.
- Form 6: This is the declaration of compliance form.
- Memorandum and Articles of Association: These are the documents that define the company’s objectives, rules, and regulations.
- Identity Card or Passport copy of the directors and shareholders.
- Business address proof: You will need to provide proof of the business address, such as a tenancy agreement or utility bill.
- Pay the registration fee: You will need to pay the registration fee for Sdn. Bhd., which is based on the authorized capital of the company. The minimum authorized capital for Sdn. Bhd. is RM 10,000.
- Submit the application: Submit the completed Form 9, Form 48A, Form 6, and Memorandum and Articles of Association, and the necessary documents to any SSM office or online through the SSM e-Lodgement portal.
- Obtain the certificate of incorporation: Once your application is approved, you will receive the certificate of incorporation for your Sdn. Bhd.
Note: It is important to keep a copy of the certificate of incorporation and all the relevant documents as proof of registration.
It is important to register your Sdn. Bhd. with SSM Malaysia to operate legally and enjoy the benefits of having a registered business entity with limited liability.
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