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Types of Company that You Can Incorporate in Malaysia

Types of Company that You Can Incorporate in Malaysia

When starting a business in Malaysia, understanding the different types of company structures that are available is crucial. Each type of company comes with its own set of advantages, regulations, and applicable scenarios that can directly impact the operation and success of your business. Whether you are a local entrepreneur or an international business owner, choosing the right corporate entity is the foundation of a successful endeavor. Here is a guide that outlines the different types of companies you can incorporate in Malaysia.

Sole Proprietorship

A sole proprietorship is the simplest and most straightforward business entity. It is owned by an individual who is solely responsible for its liabilities.

Advantages Disadvantages
  • Easy to set up with fewer formalities.
  • Owner has complete control over the business.
  • Profits are taxed at the personal income rate of the owner.
  • Unlimited personal liability for business debts and losses.
  • Harder to obtain capital from banks and investors.

Partnership

A partnership is a business owned by two or more individuals. In Malaysia, partnerships are registered under the Partnership Act 1961.

Advantages Disadvantages
  • More resources and ideas compared to a sole proprietorship.
  • Profits are shared among partners and taxed individually.
  • Partners have unlimited liability and are responsible for each other’s business decisions.

Private Limited Company (Sdn Bhd)

A private limited company, known as “Sendirian Berhad” or “Sdn Bhd”, is the most common type of corporate entity in Malaysia. It is limited by shares and has its own legal identity.

Advantages Disadvantages
  • Limited liability for shareholders.
  • Separate legal entity, allowing for property ownership and contracts.
  • Easier to secure financing
  • More complex and expensive to set up.
  • Subject to more regulatory requirements.

Public Limited Company (Bhd)

A public limited company, or “Berhad” (Bhd), is allowed to offer its shares to the public, often listed on a stock exchange.

Advantages Disadvantages
  • Access to capital markets for further expansion.
  • Separate legal personality and limited liability for shareholders.
  • Highly regulated with strict disclosure and reporting requirements.
  • Costly to incorporate and maintain.

Foreign Company (Branch Office)

A foreign company can register a branch office in Malaysia and is treated as an extension of the parent company.

Advantages Disadvantages
  • Allows foreign companies to conduct business in Malaysia under the existing corporate identity.
  • Parent company has unlimited liability for the branch’s operations and debts.

Limited Liability Partnership (LLP)

The Limited Liability Partnership (LLP) is a business structure that combines the features of a partnership and a company.

Advantages Disadvantages
  • Limited liability while offering the flexibility of internal arrangements like a partnership.
  • Suitable for professional services.
  • Relatively new in Malaysia and may not be well-understood.

Choosing the right type of company is essential for business success, aligning with your vision, growth plans, and the level of risk you are prepared to accept. It is advisable to seek expert advice to determine the most suitable business structure for your venture.

At InCorp Global Malaysia, we specialize in providing comprehensive incorporation services tailored to the diverse needs of our clients. Our professional team is dedicated to guiding you through the incorporation process, ensuring your business starts on a strong foundation.

Disclaimer: While every effort has been made to ensure accuracy, this article should not be interpreted as legal advice. Please consult with InCorp Global Malaysia or another professional advisor for specific advice on company incorporation in Malaysia.

FAQs on Types of Companies in Malaysia

  • A Private Limited Company (Sdn Bhd) restricts the ability to transfer shares and limits shareholders to a maximum of 50, whereas a Public Limited Company (Bhd) can offer shares to the public and may be listed on a stock exchange, facilitating access to capital markets.
  • Yes, a foreign company can own property in Malaysia through its branch office. However, it is essential to note that the parent company holds unlimited liability for the operations and debts of the Malaysian branch.
  • An LLP in Malaysia offers the partners limited liability, which means their personal assets are generally protected in the case of business failure, unlike in a traditional partnership where partners have unlimited liability for debts and losses.
  • A sole proprietorship is beneficial due to its simplicity, ease of setting up, and minimal formalities. The owner has complete control over business operations, and profits are taxed at the individual's personal income tax rate.

Contact us now to incorporate your ideal business entity in Malaysia.

Take the first step towards a successful incorporation.

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InCorp's content team includes talented copywriters from our regional group and globally. We contribute informative, thought leadership, and market-trending articles to guide aspiring business entrepreneurs to a higher level across the Asia-Pacific region.

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