Even though in the last few years, Malaysia has become increasingly business-friendly, the registrar of business in Malaysia called the Suruhanjaya Syarikat Malaysia (SSM) or Companies Commission of Malaysia, and the Inland Revenue Board of Malaysia (IRBM), does impose several mandatory pre-incorporation and post-incorporation compliance requirements on every company in the country.
Here, InCorp Global with over two decades of experience as the region’s premier company registration
consultancy, can assist in fulfilling all your compliance requirements. In addition, we also offer several services, which even though are not mandatory, can help in running your business successfully in the country.
The list below gives a snapshot of all the corporate compliance requirements in Malaysia and services we offer: (though it is not an exhaustive list, so please enquire if you don’t find what you desire below)
- Nominee shareholder and director service – To incorporate a company limited by shares, it is required to have a minimum of one shareholder, and at least one company director. You can make use of our nominee shareholder and company director service to fulfil this statutory requirement.
- Registered office address in Malaysia – Another requirement is to have a registered office address in Malaysia, which we can provide.
- Corporate secretarial service – All companies in Malaysia must appoint a company secretary (who ordinarily has a principal place of residence in Malaysia ) within 30 days of incorporation. He or she must either be licensed by SSM, or a member of a professional organisation prescribed by the Ministry of Domestic Trade and Consumer Affairs.
Overall, company secretaries in Malaysia are tasked with ensuring that your company complies with all the regulatory requirements including taxation, keeping proper accounts and bookkeeping, maintenance of statutory books and registers, passing directors’ and members’ resolutions in a timely manner, as well as setting the financial year end.
Organising and coordinating board meetings, general meetings (including the AGM), and framing the company’s constitution is also the responsibility of the company secretary.
- Filing of corporate tax to IRBM – Malaysia operates a self-assessment regime, and a company must file its tax returns within seven months of the fiscal year end (FYE), which is generally the accounting year. Companies can also pay advance corporate tax in 12 monthly instalments, but consolidated returns are not permitted. So every company is required to file a separate tax return. But 70% of a company’s adjusted losses maybe off-setted against profits of a related entity, with certain restrictions and conditions. Companies face penalties if they don’t comply with the tax laws, and can request advance rulings on the tax treatment of specific transactions.
- Statutory annual reporting and filings to SSM – Any change in the particulars of the company’s officers, shares, addresses and so forth; and the annual returns and financial statements in accordance with the provisions of the Companies Act 2016, which must be filed within 14 days of the Annual General Meeting.
Stay on top of Malaysia statutory compliance requirements
InCorp Group team can assist you with all your requirements & legalities of corporate secretarial services in Malaysia.