Complete Guide to Incorporating a Private Limited Company (Sdn Bhd) in Malaysia

Incorporating a company in Malaysia requires adherence to specific procedures and submission of key documents. This article guides you through each stage, from checking and reserving your company name to obtaining the Certificate of Incorporation.

A company must have at least two directors (the founder and director can be the same person) and a company secretary who is a licensed member of a recognized professional body in Malaysia. Directors and the company secretary must have a primary residence in Malaysia.

Step-by-Step Incorporation Process:

  1. Name Reservation:

    • Complete Form 13A and pay RM30 per name applied.

    • Once approved, the name is reserved for three months.

  2. Submission of Key Documents:

    • Memorandum & Articles of Association: Stamped and signed by founders; outlining shareholding restrictions and the number of members (not exceeding 50 for private companies).

    • Form 48A – Statutory Declaration: Directors declare that they are not bankrupt and have no criminal convictions.

    • Form 6 – Declaration of Compliance: Signed by the company secretary confirming adherence to the Companies Act 1965.

    • Submit original Form 13A, approval letters, and identification documents.

  3. Certificate of Incorporation:

    • Form 8: Issued for public companies.

    • Form 9: Issued for private companies.

Following these steps ensures a smooth incorporation process and compliance with Malaysian corporate law. Proper planning and documentation save time and prevent legal complications.