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Establishing a Company in Malaysia

Malaysia's economy is the world's 33rd largest in terms of output, and has been growing at more than 5% for six consecutive years. Investors establishing a company in Malaysia aim to penetrate an evolving, exciting economy. Several important points to consider when establishing a company in Malaysia include:

1.
When establishing a company in Malaysia, investors and organisations should note that Malaysian companies must have a minimum share capital of RM$2.
2.
Establishing a company in Malaysia can be difficult due to the bureaucratic incorporation procedures. The government cost of establishing a company in Malaysia varies from US$300 to US$21,000, depending on the company's authorised and issued share capital. Highlighting this, the World Bank ranked Malaysia as the world's 23rd easiest place in which to do business in it's Doing Business 2010 Survey.
3.
Entrepeneurs interested in establishing a company in Malaysia should note that a Malaysian company is obliged to register for sales tax of 10% if company sales exceed RM100,000 (US$29,600) in a calendar year. Thereafter, all sales invoices issued by the Malaysia company will add a sales tax to total invoice value.
4.
When establishing a business in Malaysia, each company must appoint at least two local resident directors and two shareholders. Both local and international, corporate and individual shareholders are allowed.
5.
The private limited company is the most popular investment vehicle for foreign investors establishing a company in Malaysia. In 2006, over 750,000 private limited companies were registered in Malaysia.
6.
Once the process of establishing a company in Malaysia is complete, the company details, for example shareholder and director information, are available for public viewing on the CCM online public register.

7.
All companies in Malaysia must also appoint a local, resident company secretary and registered office. Only individual company secretaries are allowed
8.
The Companies Commission of Malaysia (CCM) controls company incorporation, while company law is outlined in the Malaysian Companies Act 1965.
9.
Several alternative corporate entities are available in Malaysia, including the branch office, representative office and sole proprietorship. A branch office is the preferred option for foreign companies wishing to retain executive management functions outside Malaysia for cost and efficiency purposes.
10.
Malaysia's economic restrictions are noted in the 2010 Index of Economic Freedom by The Heritage Foundation, where it ranks 59th globally. Entrepreneurs establishing a company in Malaysia to conduct international trade are restricted by Malaysia's limited trade agreements. For example, Malaysia has signed free trade agreements (FTAs) with only Japan and Pakistan, despite being a member of the World Trade Organisation (WTO). Free Trade Agreements with Australia, Chile, New Zealand, South Korea and the USA are under negotiation.
11.
After establishing a company in Malaysia, annual audited financial statements and an annual corporate tax return must be submitted to the Inland Revenue Board of Malaysia.
More information
For more detailed information on how establishing a company in Malaysia please refer to Healy Consultants' Asia Business Setup guide.
Contact Us
For more information on how establishing a company in Malaysia, email email@healyconsultants.com or call us in Singapore at (+65) 6735 0120.

 

Buy the Malaysia chapter of Healy Consultants' Asia Business Set Up book for US$100, to order call +65 6735 0120 or e-mail email@healyconsultants.com

 

 

 
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