Company Formation: Documentation & Process

Companies Commission of Malaysia (alternatively called Suruhanjaya Syarikat Malaysia or “SSM” in brief). This is the government body that manage and govern all companies and businesses in Malaysia.

Stage 1: Document Submission Process to SSM

For all company incorporation in Malaysia, the first process is to conduct a name search. This is to ensure the intended name is approved by SSM. For each name search, application is via Form 13A and fee of RM30. Result for the application will be available the next working day.

Once SSM approved the use of name, the next step is to submit the following documents to SSM:-

  1. Form 6 – Declaration of Compliance by the First Secretary.
  2. Form 48A – Statutory declaration for persons appointed as directors. This is for the person to declare that he/she is fit to be a director.
  3. Form 48F – Statutory declaration for persons appointed as company secretary. This is for the person to declare that he/she is fit to be a company secretary.
  4. Form 13A – Copy of the Form 13A approved by SSM.
  5. Copy of the SSM approval letter for name use.
  6. Photocopies of Identity Card or Passport of Directors and Company Secretary.
  7. Copy of the Memorandum and Articles of Association.
  8. Incorporation fee of RM1,000 to be paid to SSM.

Within 1 week from submitting the above documents, SSM will issue Form 9, which is the Certificate of Incorporation to the company (on condition that the above documents are completed correctly). The company number will be issued within this certificate. It is made up of 6 numbers followed by an alphabet, example “123456-A”.

Stage 2: Further documentation for submission to SSM

  1. Form 24 – Share allotment form. It lists down the quantity and amount of authorised and paid up share capital of the company.
  2. Form 44 – Registered address and office hours for the company.
  3. Form 49 – List information particulars of all directors and company secretary.

Stage 3: First Directors’ Meeting – Resolution

The contents include:-

  • To receive and adopt the Certificate of Incorporation, Memorandum and Articles of Association and the Common Seal.
  • To appoint First Directors and First Secretaries.
  • To determine the location of registered address.
  • To determine capital structure, including allotment of shares.

Stage 4: Issue Share Certificate

Issue share certificates in accordance to the quantity of shares allotted, as resolved in the First Directors’ Meeting.