25 Incorporating a local company

Incorporating a local company

The following are the steps and procedures a person must do in the process of incorporating a company:

1. Use Form 13A (Request for Available of Name) of the Companies Act, 1965, to apply to the Company Commission of Malaysia (CCM). Details in Form 13A must be completed such as:

a. Proposed company’s name

b. Purpose of the application

c. Type of company

d. Name and address of the applicant

e. The application needs to be signed by the applicant


2. Pay RM30 for each name applied to determine if the proposed name of the intended company is available. The result of application will be normally known within 1 working day.

Note: If it is, the application will be approved and the proposed name reserved for the applicant for three months.


3. During the reservation of the proposed name for three months, the company must submit copies of Memorandum and Articles of Association, Statutory Declaration of Compliance and Statutory Declaration, plus relevant fees.


4. A person must then lodge the following documents with the CCM within the three months to secure the use of the proposed name:

a. Memorandum and Articles of Association

i. An original copy shall be stamped at RM100 at the Inland Revenue Board’s stamp office.

ii. First directors and secretaries shall be named.

iii. Signed by the subscribers of company shares and their witnesses.

iv. Table A of the Fourth Schedule in the CA (Section 30).

b. Declaration of Compliance (Form 6)

i. Declaration states that requirements of CA have been complied with.

c. Statutory declaration by a person before appointment as a director, or by a promoter before incorporation of a company (Form 48A).

i. Declaration made under oath for not being a bankrupt, has not been convicted and imprisoned for an offence.


BCS 202/05 Corporate Compliance Management Copyright © 2011 by Wawasan Open University. All Rights Reserved.


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