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Malaysia Incorporation

Malaysia Company Registration - A Briefing

Creating a company in Malaysia comes with quite flexible requirements. The rules set by Malaysian authorities allow foreigners to fully own and establish their businesses in the country. The term used for these wholly foreign-owned entities is Sendirian Berhad companies.

The Government of Malaysia has also marked certain industries as exclusive for 100% foreign ownership. Foreign business owners have two pathways to initiate their ventures in Malaysia. One is by collaborating with a local entity, and the other is by registering their overseas company with the Companies Commission of Malaysia.

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Malaysia Incorporation

Essential Aspects of Establishing a Company in Malaysia
The chief goal in Malaysia is to facilitate ease for you once your company is set up. Malaysia delivers a complete package to fresh businesses seeking growth in the nation. Below are some reasons why businesspersons choose to launch their firms in Malaysia:

  • The private company registration can be performed online
  • The application procedure can be concluded in a few minutes
  • Foreign directors are allowed in your company
  • Only one director is required to initiate a company.

Variety of Services for Company Incorporation in Malaysia

Here are the services that we offer in line with company incorporation in Malaysia:

  • Private limited company (Sendirian Berhad) Sdn. Bhd.
  • Services for corporate secretariat
  • Public limited company (Berhad)
  • Representative office for foreign companies
  • Sole proprietorship
  • Partnership
  • Limited liability partnership
  • Opening of corporate bank accounts
  • Drafting of the company constitution
  • Services for LLP compliance officer
  • Services for nominee shareholder & director
  • Advisory for share-based payments & employee share options (ESOS)
  • Foundation (Yayasan)
  • Advisory for shareholding

    How to Set Up a Business in Malaysia

    Here are the sequential steps to start a business entity in Malaysia:
    Step 1: We take responsibility for completing the necessary application form.
    Step 2: We perform a thorough company name search with the Malaysian Companies Commission.
    Step 3: When the company name receives approval, you're required to sign the provided documents.
    Step 4: As soon as your company is set, we'll present the documents to the appropriate officials.
    Step 5: Consequently, the Malaysian Companies Commission will issue you a certificate of incorporation and your company will be all set to launch.

    Advantages of Incorporating a Business in Malaysia

    ·         Low Startup Cost: Unlike other Asian countries, Malaysia offers a cost-effective way to start a business.

    ·         Reasonable Rental Costs: Compared to other Asian nations, the rental costs in Malaysia are significantly lower.

    ·         Reduced Wage Bill: The average wage in Malaysia is considerably lower than in other countries, allowing for more manageable labor costs.

    ·         No Double Taxation: Thanks to numerous double taxation agreements Malaysia has with other nations, income generated in Malaysia is not susceptible to double taxation.

    ·         Zero Withholding Taxes on Dividends: Dividends sent outside of Malaysia are not subject to withholding taxes.

    ·         Unrestricted Remittance: Malaysian corporations have no restrictions in remitting capital, profits, dividends, or royalties home.

    ·         Generous Government Incentives: The Malaysian government offers significant incentives and subsidies to boost the establishment of new businesses and capital investment.

    ·         Investor Protection: Local law provides substantial investor protection, which makes Malaysia favoured amongst foreign investors.

    What Industries are Favoured in Malaysia?

    Malaysia demonstrates a range of different business structures including:

    Public Limited Company: This refers to a business that sells its shares to the public. The Securities Commission of Malaysia regulates these companies, and they are also listed on the stock exchange.
    Foreign Company: Foreign businesses may establish a representative office in Malaysia to gain insight into the local business environment. However, these representative offices do not possess independent legal status in Malaysia, resulting in the parent company being held responsible for their obligations and liabilities.

    Foreign Parent Company: A branch office is essentially an extension of the foreign parent company. Just like the representative office, the foreign parent company is also held accountable for all the debts incurred by the Malaysian branch.

    Unlimited Company: This is a type of company where shareholders and members face unlimited liability. If the company incurs debt or suffers a loss, the shareholders and members are personally liable.                                                                                             

    Partnership: The creation of a Partnership involves two or more individuals coming together to economically benefit from their shared entrepreneurial pursuits. The law restricts the maximum number of partners to 20, and only those holding Malaysian citizenship or permanent residency may participate in a partnership. The full liability for a partnership’s financial obligations falls upon the partners individually. Each partner is separately responsible for their taxation; the collective entity of the partnership itself does not handle these tax payments.

    Sole Proprietorship: Setting up a sole proprietorship in Malaysia is relatively straightforward. This business structure requires only a single owner, who carries unlimited liability. If bankruptcy occurs, the business’s debts may be paid off using the owner's personal income or assets.

    Private Limited Company: A private limited company carries its own legal entity, separate from its owners. This allows it to engage in legal contracts, sales, and purchases, as well as sue and be sued in court. The owners' liability is limited to their business investment in cases of insolvency or bankruptcy.                                                                            

    Limited Liability Partnership (LLP): The LLP unites attributes from both a limited liability company with a partnership. It takes on a corporate structure, maintaining a separate legal identity from the individuals comprising it. The Limited Liability Partnership Act 2012 is the legislative act governing the registration of an LLP.

    Assistance offered by Taxapillar

    If you're considering forming a company in Malaysia, selecting the right business structure is crucial. Thousands of businesses, similar to yours, have effectively chosen Taxapillar to establish their operations in Malaysia and penetrate new markets. Our partnership with the InCorp Group ensures the optimal registration experience in Malaysia for foreign companies. We're committed to offering client-focused, dependable, and ethical services and promise to guide and support you throughout.

    We aim to eliminate the hurdles associated with communicating with traditional financial and government entities, including complex paperwork and bureaucracy.