Corporate Secretarial Services

Starting a Business in Malaysia?

If you're starting for the first time, choosing the right business structure can feel confusing. Answer a few simple questions about what you're planning and we'll help you understand which structure may be worth considering as a starting point.

Kuala Lumpur Malaysia

Not sure where to start?

That's okay. Tell us a little about the business you're thinking of setting up. You don't need to know the technical terms: just choose the answer that best describes your situation.

How many people will own the business?
Are you starting a new business or bringing an existing overseas business into Malaysia?
What best describes the business you're starting?
How important is it to keep your personal liability separate from the business?
Will any of the owners be non-Malaysian?
How much ongoing company administration are you comfortable with?
Please answer all six questions so we can give you a better starting point.
A possible starting point

Sdn. Bhd.

Based on the answers you've provided, Sdn. Bhd. may be one structure worth considering. This is a general starting point rather than a final determination of the structure that should be used.

PRIVATE LIMITED COMPANY · SDN. BHD.

Private Limited Company (Sdn. Bhd.)

A Sdn. Bhd. is one of the most commonly used business structures in Malaysia. It is a separate legal entity and generally provides limited liability to its shareholders.

Separate Legal Entity The company operates independently from its shareholders.
Limited Liability Shareholders' exposure is generally limited to their investment.
Suitable for Growth Commonly used for businesses planning long-term expansion.

Incorporation process

01
Name Search and Reservation

Check the availability of the proposed company name with SSM.

02
Prepare Incorporation Information

Prepare the required director, shareholder, registered office and business information.

03
Submission to SSM

Submit the incorporation application and prescribed fees.

04
Company Incorporated

SSM issues the Notice of Registration upon successful registration.

What you'll generally need

Director At least one director ordinarily resident in Malaysia.
Shareholder At least one shareholder.
Registered Office A registered office address in Malaysia.
Company Secretary Appointment in accordance with applicable law.
Business Activity Details of the intended nature of business.
Share Structure Proposed shareholding and capital structure.
PUBLIC COMPANY · BERHAD

Public Company (Berhad)

A Public Company is a company structure generally suitable for larger businesses that may wish to raise capital from a broader group of investors.

Broader Ownership Designed for businesses with a wider shareholder base.
Capital Raising May provide greater flexibility in raising capital.
Higher Compliance Generally subject to more extensive regulatory requirements.

Typical process

01
Structure Planning

Determine the proposed ownership, directors and capital structure.

02
Name and Documentation

Reserve the proposed name and prepare the required documents.

03
Submission

Submit the incorporation application to SSM.

04
Post-Incorporation Compliance

Complete the required corporate and statutory setup.

Common considerations

Directors Appropriate board composition must be considered.
Shareholders Suitable ownership and shareholding arrangements are required.
Governance More formal corporate governance may apply.
Reporting Additional reporting and compliance obligations may arise.
COMPANY LIMITED BY GUARANTEE

Company Limited By Guarantee

A Company Limited by Guarantee is commonly used for non-profit, charitable, professional, social or community-based purposes rather than for distributing profits to members.

Non-Profit Focus Generally established for specified objectives or causes.
No Share Capital Members typically provide a guarantee instead of holding shares.
Purpose-Driven Commonly used by associations, foundations and similar organisations.

Typical setup process

01
Determine Objectives

Define the organisation's intended purpose and activities.

02
Prepare Constitution

Prepare the governing framework and membership arrangements.

03
Regulatory Application

Submit the required application and supporting documents.

04
Registration and Compliance

Complete registration and ongoing statutory requirements.

FOREIGN COMPANY

Foreign Company Registration

A foreign company may establish a presence in Malaysia by registering its existing overseas company to operate locally, subject to the applicable registration requirements.

Existing Overseas Entity The foreign company continues to exist as the principal entity.
Malaysia Presence Allows the overseas company to establish local operations.
Local Compliance Malaysian statutory and reporting requirements may apply.

Typical registration process

01
Review Overseas Documents

Gather the foreign company's constitutional and registration documents.

02
Name and Local Details

Confirm the proposed Malaysian registration details.

03
Submission to SSM

Submit the required foreign company registration documents.

04
Local Corporate Setup

Complete post-registration statutory and administrative requirements.

LIMITED LIABILITY PARTNERSHIP

Limited Liability Partnership (LLP)

An LLP combines elements of a traditional partnership with separate legal personality and limited liability. It may be suitable for professional practices and smaller businesses with multiple partners.

Separate Legal Entity The LLP exists separately from its partners.
Flexible Management Partners may agree on their internal management arrangements.
Limited Liability Partners generally enjoy protection from business liabilities.

Typical registration process

01
Identify Partners

Determine the proposed partners and business activities.

02
Name Application

Check the availability of the proposed LLP name.

03
Prepare Registration Details

Prepare partner, compliance officer and business information.

04
Registration

Submit the registration application to SSM.

CESSATION OF BUSINESS

Cessation of Business

Businesses that are no longer operating may need to consider the appropriate closure process, depending on the entity type, financial position and regulatory status.

Review the Entity Determine the appropriate closure method for the business.
Settle Outstanding Matters Review liabilities, filings, tax and other obligations.
Formal Closure Complete the necessary statutory cessation procedures.

Typical closure process

01
Initial Review

Review the company's current status and outstanding obligations.

02
Determine Closure Method

Consider the appropriate statutory method based on circumstances.

03
Complete Outstanding Matters

Attend to relevant corporate, financial and regulatory matters.

04
Submit Closure Application

Complete the relevant filing or closure procedure.

NEED GUIDANCE?

Not sure which structure is right for you?

Speak with ASI and we can help you understand the available options for your business.

Talk to ASI
Malaysia Sdn. Bhd.

Company Compliance Clock

Enter your company's Financial Year End or Incorporation Date to see an indicative view of your key compliance dates.

📊
Financial Year End
Check your financial statements timeline.
📅
Incorporation Date
Your first anniversary will be calculated automatically one year later.
Please enter at least one date to continue.

Your Compliance Timeline

Based on the dates you entered.

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Financial Statements

Private company / Sdn. Bhd.
1
Financial Year End
2
Latest Circulation Date
Generally within 6 months after the financial year end.
3
Indicative Latest Lodgement Date
Assuming circulation takes place on the latest permitted circulation date.
Financial Statements Compliance Clock
0
Years
0
Months
0
Days
remaining until the indicative lodgement deadline
📋

Annual Return

First Annual Return cycle
1
Incorporation Date
2
First Company Anniversary
Calculated one year after the incorporation date.
3
First Annual Return Due By
Generally within 30 days from the anniversary date.
Annual Return Compliance Clock
0
Years
0
Months
0
Days
remaining until the Annual Return filing deadline
Important: This compliance checker provides an indicative timeline and is intended as a general guide for Malaysian private companies. Actual filing requirements may differ depending on the company's circumstances, extensions, exemptions, regulatory changes and actual circulation dates.

Not sure about your deadline?

You don't have to figure it out alone. Speak to the ASI team and let us help you understand your company's compliance timeline.

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