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Flow Chart Incorporate foreign Company

  REGISTRATION OF FOREIGN COMPANY FLOW CHART AND PROCEDURE

   Foreign Company is defined under the Companies Act 2016 as a Company, corporation, society or other body incorporated in Malaysia.

   A Foreign Company may carry on business in Malaysia by either: -

  • Incorporation as a local Company; or

  • Registering the Foreign Company.

   Preliminary Works

  • Client complete the filler incorporation form. The company name is to be registered in Malaysia should be the same as the name registered in its country of origin. (example: SSR Resources International and name to be apply in Malaysia should be SSR Resources International Malaysia Sdn Bhd)

  • INA2ND confirm the availability of proposed names to clients within 24 hours.

  • Client email us on the name to be reserved together with the required information and payment slip for our professional fees.

  • Upon receipt of payment, the Company name will be reserved at your request.

   Preparation for Incorporation Documents

  • Client may visit desired bank to understand bank account opening requirements and procedures. Thereafter furnish the information required for INA2ND to prepare the relevant documents

  • Client must have Biz visa to enable opening of account.

  Application for Name Reservation

  • Submit Name reservation to Companies Commission Malaysia (“CCM”) (Approval within 1-3 working days).

  • The proposed name should be lodged via CCM online system

       a. The name will be reserved for thirty (30) days from                 the date of approval.

       b. Reserved name could be extended with prescribed fee             of RM50.00 for every thirty (30) days with maximum                   of 180 days.# RM50.00 per name search         

Approved

Rejected

Answer the queries and resubmit for name reservation

  Signing of Incorporation Documents

  • All directors/shareholders visit INA2ND’s office to sign the incorporation documents; or

  • If some of the shareholders/directors unable to visit ina2nd’s office to sign the incorporation documents, he/she need to have another person to as witness and/or personally visit the office of Commissioner for Oaths/Notary Public for attestation on Notice of Declaration before Appointment as Director. Thereafter courier all original signed copies of incorporation documents to INA2ND for incorporation submission.

  Submission to CCM for Application to Register A Foreign Company (Over the Counter)

  • To submit within 30 days from the date of Company name approval, the following information to CCM:-

  • The name, IC, Nationality & the ordinary place of residence of every shareholder in Malaysia or the corporate name, place of incorporation or place of origin, registration number and the registered office of the body corporate.

  • The name, IC, Nationality and residence address every person who appointed as Director.

  • The list of its shareholders or members at its place of origin

  • In the case of foreign Company with Share capital, the details of class and number of shares at its place of origin.

  • The name and address of person who is a resident in Malaysia, who is appointed by foreign company as its agent under a memorandum of appointment or power of attorney.

  • The application made under Section 562(1) of the CA 2016, shall be accompanied with a statement by the agent of the foreign company confirming his consent for the appointment

  • If any of the described registration documents are in languages other than Bahasa Malaysia, a certified translation of such documents in Bahasa Malaysia or English shall be required attached for submission.

  • INA2ND submit the relevant forms to CCM for incorporation.

Queried

Approved

Answer queries by CCM and resubmit for approval again

  Company Incorporated Successfully

  • CCM will issue Notice of Registration of foreign company will be issued within one working day upon compliance with the procedures and submission of duly completed documents.

  • Certificate of incorporation of foreign company would be issue by CCM upon request together with the prescribed fee.

  • INA2ND to submit Notification of Appointment of First Secretary within 30 days of registration.

  • Email all the registration relation documents to clients for record purposes (Certified copies of documents are ready for collection/courier to client).

  • Clients will proceed with opening of  bank account

  Post Incorporation

  • Client may choose to increase paid-up capital (more than RM1,000,000.00) Once bank account is opened at a fee as registration fees for registration of foreign company.

  • Forms On notice of increase of share capital by foreign company

  • Obtain License/permit before commencement of business.

  • Compliance for Income tax, EPF, SOCSO and etc.

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