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Company

Companies are registered legal entities formed by several persons. Companies can own property, draw contracts and employ people. All companies in Malaysia are governed by the Companies Act 1965

A company and the people who own it are regarded as different entities regardless of percentage of shareholding in the company.

There are three types of limited companies:

  • A company limited by shares where the members’ personal liabilities are limited to the par value of their shares.
  • A company limited by guarantee where the members' liabilities will be restricted to the amount each agrees to contribute to the assets of the company.
  • An unlimited company where there is no limit to the members’ liabilities.
  • A company limited by shares can be:

  • A private limited company (Sendirian Berhad) that cannot sell shares to the general public
  • A public limited company (Berhad) that raises its capital by selling shares and is run by a board of directors elected by the shareholders.
  • Rights and Responsibilities of a Company

  • A company has separate rights and responsibilities (independent of the members and shareholders.)
  • A company can take legal action and can have legal action taken against it.
  • Shareholders are not liable for the company’s business management.
  • Shareholders are protected against the loss of more than the nominal value of their shareholding.
  • The company’s operation is governed by the Companies Commission.
  • The company must pay various taxes.
  • Companies must publish financial reports checked by authorised auditors.
  • Company.htm
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