Before
proposing a name for incorporation of a company, a name search has to be
done to determine whether the name can be used to register the company. The
steps are:
a) Memorandum and Articles of Association:
i) Original copy stamped at any stamp office with a RM 100.00 stamp in
the Memorandum and another RM100 stamp in the Articles.
ii) The first directors and secretaries are named in the Memorandum and
Articles of Association.
iii) At least two or more promoters shall sign the Memorandum and
Articles of Association in front of a witness.
A company having a share capital may be registered as a private company
if the Memorandum and Articles:
i) restricts the right to transfer its shares;
ii) limits the number of its members to not more than fifty;
iii) prohibits any invitation to the public to subscribe any shares or
debentures of the company; and
iv) prohibits any invitation to the public to deposit money with the
company or fixed periods.
b) Form 48A - Statutory Declaration by a director or promoter before
appointment. The director or promoter declares under oath that he/she is not
a bankrupt and he/she has not been convicted of an offence and sentenced by
the Court. This declaration should be signed in front of anyone of the
following persons of authority
c) Form 6 - Declaration of Compliance. This declaration states that all the
requirements of the Companies Act 1965 have been complied with. It must be
signed by the company secretary who handles the registration and is named in
the Memorandum and Articles of Association.
d) Original copy of Form 13A.
e) A copy of the letter approving the name.
f) A copy of the identity card of each director and company secretary.
g) Registration fees for Share Capital:
| Authorised Share Capital (RM) |
Fees (RM) |
| Up to 100,000 |
1,000 |
| 100,001 – 500,000 |
3,000 |
| 500,001 – 1 million |
5,000 |
| 1,000,001 – 5 million |
8,000 |
| 5,000,001 – 10 million |
10,000 |
| 10,000,001 – 25 million |
20,000 |
| 25,000,001 – 50 million |
40,000 |
| 50,000,001 – 100 million |
50,000 |
| 100,000,001 and above |
70,000 |