How to set up an Enterprise in Malaysia?

If you are looking for the legal services of Company Incorporation in Malaysia, then you have come to the right place. Registrationwala, one of the premium Legal Consultancy Providers in all of SouthEast China, provides the best-of-class services for company formation in Malaysia.

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 If you wish to avail of such services, then connect with our Incorporation Experts. As for this article, we have written this long-form content to detail how you can Register a Business in Malaysia. Let us see these Incorporation steps one by one. The process of Company Registration in Malaysia is enlisted in the following points:

1. Conduct Company's Name Search on the chosen phrase

2. Reserve the trading name for the Company

3. Apply for Company Incorporation with the Malaysian Authority

4. File the required Declaration for the Incorporation procedure

5. Examiner assesses the application 

6. Issue of Notice of Registration

7. Obtain the Incorporation Certificate and required permits

Let us look at each of these steps in detail.

Conducting Name Search and Reserving it with Malaysian Nomenclative Authority

The company registration applicant in Malaysia must conduct a Name Search on their chosen company name to check the availability in the Corporate Register. Some of the guidelines for naming and reserving a Company's trade name in Malaysia are detailed in the following pointers:

1. A Company name in Malaysia must be unique. In addition, it must not be similar to an already registered name

2. A Company name applicant in Malaysia must comply with the Companies Act's requirements

3. A Company name applicant in Malaysia cannot use offensive terms for trade naming

4. A Company name applicant in Malaysia must not breach any of the IPR Rights in Malaysia

5. A Company name must be reserved with the IPR Authority

6. A Company name applicant in Malaysia must timely submit its incorporation documents to the SSM

7. The A Company name applicant must submit the documents within three months of its name approval 

Apply for Company Incorporation with the Malaysian Authority

The applicant must provide the incorporation details in their registration application. Also, he must provide the details related to the following entities:

1. Directors

2. Shareholders

3. Company Members

In addition, the company registration applicant must also detail the to-be-undertaken commercial activities by the Company, along with its official address.

File the required Declaration for the Incorporation procedure

The Company Registration applicant in Malaysia must provide the required Declarations to the Authorities in Malaysia. These declarations must state the provided information in the registration application and assert it to be true to his knowledge.

Examiner assesses the application & Issues of Notice of Registration

After the submission of the registration application, the SSM will review and check the application for any future inconsistencies. If the SSM encounters no problems related to the application, then it will send a company registration notice to the Business applicant.

Obtain the Incorporation Certificate and other required Licenses

If the registration application is in compliance with the requisite procedures and the submission is done by attaching the duly attested documents with the prescribed licensing fee, the SSM will issue the Incorporation Certificate to the company applicant.

After the Incorporation, the newly registered Company must apply for and obtain the required permit from the Authorities before starting its commercial activities as specified in its Memorandum and Articles of Association.