Incorporating a foreign company
A foreign company that intends to conduct business or establish a place for one in Malaysia must comply with the following:
1. Obtain prior approval from MITI.
2. Register with the CCM.
Note: The same registration procedure applies whereby an application must be submitted on Form 13A to the CCM in Kuala Lumpur or any of its branch offices in Malaysia, with a payment of RM30. If the intended name of the foreign company is available, the application will be approved and the name reserved for three months.
3. Upon approval, applicants must lodge the following documents with the CCM:
a. A certified copy of its Certificate of Incorporation (or a document of similar effect) from the country of origin.
b. A certified copy of its Charter, Statute or Memorandum and Articles of Association or other instrument constituting or defining its constitution.
c. A list of its directors and certain statutory particulars regarding them (Form 79).
d. Where there are local directors, a memorandum stating the powers of those directors.
e. A memorandum of appointment or power of attorney authorising one or more persons resident in Malaysia to accept on behalf of the company, service of process and any notices required to be served on the company.
f. A statutory declaration in the prescribed form made by the agent of the company (Form 80).
4. The foreign company appointed agent undertakes all acts required to be done by the company under the Companies Act, 1965. Any change in agents must be reported to the CCM.
5. A foreign company must lodge with the CCM for Registration notice of the situation of its registered office in Malaysia using the prescribed form within a month of establishing a place of business or commencing business in Malaysia.
6. A foreign incorporated company must file a copy of the annual return each year within one month of its annual general meeting. Within two months of its annual general meeting, the company must file a copy of the balance sheet of the head office, a duly audited statement of assets used in and liabilities arising out of its operations in Malaysia, and a duly audited profit.