For Public Company, the name shall end with the word “Berhad” or the abbreviation “Bhd.”.

Minimum two (2) natural person who is at least eighteen (18) years old and shall ordinarily reside in Malaysia by having a principal place of residence in Malaysia and are not disqualified under Section 198 of the Companies Act 2016.

Section 198 described that “A person shall not hold office as a Director of a Company or whether directly or indirectly be concerned with or takes part in the management of the Company , if the person

• is an undischarged bankrupt.
• has been convicted of an offence relating to the promotion, formation or management of corporation.
• has been convicted of an offence involving bribery, fraud or dishonesty.
• has been convicted of an offence under Section 213, 217, 218, 228 and 539 of Companies Act 2016.
• has been disqualified by the court under Section 199 of Companies Act 2016.

Minimum one (1). It can be:-

• A natural person (Whether Malaysian or Foreigner); or
• A corporate body.

Yes.

The minimum share capital One Ringgit Malaysia. (RM1.00). However, during the initial stage, the maximum capital can be RM10,000.00. More than that proof of fund is required.

Yes, the Company may do so provided bank account has successfully opened. This is due to bank statement is required to be shown as a proof fund injected to the Company’s bank account.

Registered office is the address where all company documents, registers as ordered by the Companies Act 2016 need to be kept at. The registered office must located in Malaysia and is open and accessible to the public during ordinary business hours. By practice, Companies Secretary address is usually the registered office of the Company.

Yes, possible. However, it is not advisable as to ensure that the registers which are required to be maintain under Companies Act 2016 is up to date.

According to Section 236 of the Companies Act 2016, Company Secretary must be appointed within 30 days from its date of incorporation.

Besides assisting with company registration, a Company Secretary is also responsible for:

a) Ensure the information of the Company, director(s) and shareholder(s) are kept up-to-date.

b) Advise the Company on compliance to various laws and regulations such as the Malaysian Companies Act 2016.

c) Lodge Annual Return and Financial Statements.

d) Keep meeting minutes and written resolutions of board meetings.

e) Handle striking off or winding up of the company.

f) Provide Certified True Copy (CTC) documents for opening bank account, grant application, etc.

g) Provide the registered office of the Company.

Unfortunately, no. A new Bhd. shall not use the same name as any existing business entity even if they are owned by the same person. Any Company name that may create confusion with another Company’s that exists in the system is prohibited.

Yes, you can. However, there is a holding period of 2 years before the existing Sdn. Bhd. name can be re-used by a new entity again.

A company, may or may not have a constitution. Without its own constitution, the company, each director and member shall have the rights, powers, duties and obligations as set out in the CA 2016.

While ‘switching’ your business entity is not possible as they are of different entity, you can incorporate a new Berhad and run the business as a new company before terminating the existing enterprise, partnership or LLP.