Public Company Limited by Shares

A public company may be incorporated as a company limited by shares (Berhad or Bhd.).

The basic requirements to incorporate a Public company (Bhd.) are at least two (2) directors who ordinarily reside in Malaysia by having a principal place of residence in Malaysia and minimum of one (1) promoter.

Procedures of Incorporation

1. Name Search and Application of Name

A name search must be made to ensure that the proposed name is available.

2. Lodgement of application to incorporate the company

Particulars required to Incorporate a Company

(a) The applicant must complete the information required as follows:

• The proposed name of the company

• The status of private or public company

• The proposed type of business

• The address of registered office

• The business address

• Complete detail of director(s) and promoter(s)

• Declaration from the director(s) or promoter(s) that he/she:

➢ is not an undischarged bankrupt either in or outside Malaysia; and

➢ has not been convicted of any offence whether in or outside Malaysia

Bestar shall provide the company an appointed company secretary upon incorporation. The company secretary is registered with SSM and possesses a valid practising certificate issued by SSM.

(b) Declaration of Compliance

This declaration states that the applicant has complied with all requirements of the Companies Act 2016. The declaration should be made by the individual who is responsible for the incorporation.

(c) Additional Document(s)

(i) a copy of consent letter from the corporate body named as the member of the company.

(ii) a copy of certificate of director’s qualification, if required.

(i) a consent letter from relevant agency, if any.

If the Registrar is satisfied that all information provided is complete and complied with the required procedures—

(a) a notice of approval and registration will be issued; and

(b) a certificate of incorporation will only be issued by SSM upon request together with the prescribed fee.

Incorporation Fee

The incorporation fee is RM1,000.

Once incorporated, the company is advised to obtain the necessary license/permit/approval from the relevant authorities before commencing business.

If you would like to know more, please contact Bestar.

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