Here you can find answers to the most frequently asked questions (FAQs) we have received and collected over the times. If you have other questions that you couldn't find an answer here, write us an email and we will feedback to you as soon as we could.
Yes, SME Advisor's company secretaries are licensed and compliant with the requirements set by the SSM. We help businesses to ease the process to register business themselves.
Registration through SME Advisor in just simple 3 steps:
Complete our simple online questionnaire, or call us directly and one of our team members will walk you through the process.
Sit back and relax while one of our filing experts completes the required paperwork quickly and accurately on your behalf.
Your application will be submitted to SSM for approval. We provide you with your completed filings and any other necessary documentation. It's that simple, done within 3 working days.
Generally, it takes 3 - 5 working days to register your Sdn Bhd, subject to approval by the SSM.
No. SME Advisor is automatically appointed as your company secretary when you choose to register your business with us.
Surely yes. Contact us to switch your company secretarial services to us.
No. According to the regulations set by the SSM, registration of business (enterprise and partnership) and LLP require in-person visit to the SSM counter for all first-time registrations of businesses and LLP.
Company Constitution Malaysia is not mandatory. At the point of incorporation, shareholders may choose to adopt a constitution either on or after company registration. It is best to adopt when there are more than one (1) shareholders in the Company.
Registration through SME Advisor in just simple 3 steps:
Complete our simple online questionnaire, or call us directly and one of our team members will walk you through the process.
Sit back and relax while one of our filing experts completes the required paperwork quickly and accurately on your behalf.
Your application will be submitted to SSM for approval. We provide you with your completed filings and any other necessary documentation. It's that simple, done within 3 working days.
A constitution is a special form of contract as it binds the company, shareholders and directors who initially agreed to adopt a constitution and any future shareholders, unlike shareholders agreement which only binds those who are parties to it.
First of all, a constitution has similar effect as a contract between the company, shareholder, director and company secretary. The provision is to be complied or a decision may be voided. However, it usually does not create enforceable rights between the shareholders, directors and/or company secretary.
Usually the Companies Act 2016 will set out some rules governing the relationship between the company, its shareholders and directors. Company constitution may be adopted to exchange the provisions of the Companies Act 2016 that is applicable. If the Companies Act 2016 is silent on method to for decision making, the company constitution can be used to fill in the gap.
As an example, the Companies Act 2016 states that issuance of new shares requires ordinary resolution, which can be passed through majority vote. Shareholders may use Company Constitution to override this and state that issuance of new share must be decided with unanimous vote.
Sole Proprietorship / Partnership
Pros
Cons
Private Limited Company (Sdn Bhd)
Pros
Cons
Limited Liability Partnership (LLP)
Pros
Cons
Yes. New Companies Act 2016 w.e.f 31 January 2017, the process for Company Registration Malaysia can be done online at RM1,060.00 by using only one (1) persons name.
The fee charged by Company Commission Malaysia (CCM Malaysia) involved are as follows:
**Note: CCM Malaysia reserves the right to reject your name reservation submission, which will require you to make another name reservation – each name reservation will cost you RM50.
Yes, a company secretary is still needed for the following reasons:
Pursuant to Section 139A of Companies Act 1965, it is compulsory for every company to maintain a qualified Company Secretary who is also a member of a professional body prescribed by the Ministry of Domestic Trade, Cooperative and Consumerism.
The Prescribed Bodies are the bodies that have been prescribed by the Minister through notification published in the gazette under section 139A(a), Companies Act 1965. For the time being the prescribed bodies that have been given such prescribed status are as follow:
Role and Duties
Compliance with Statutory Requirements and Advisory
Preparation of Boards and Members’ Resolutions and attending meetings
Updating the Company’s Statutory Books and maintaining paperwork
Secretarial matters of non-routine nature will be chargeable on a per request basis and all out of pockets expenses such as:
Secretarial services doesn’t comprise of filing and corresponding but also the compliance of statutory and legal issues which form the foundation of any company.
Company secretaries perform the function of bridging the gap between the administrative and geographical inadequacies in a formation of the company as every state or a country have their own drafted plethora of rules and regulations.
Corporate secretarial service stands as a supporting structure to the company’s compliance needs regardless of nature of the company as the company secretary is adept in handling all types of company.
After the company is incorporated, the directors are to hold the first board meeting to approve the following:
The company secretary is usually responsible for establishing and maintaining the company’s records. Monitoring and ensuring compliance with relevant legal requirements, particularly under the Companies Act, is adhered to on a timely basis:
You do not need a Company Secretary for a Malaysia Branch Office. However, it is highly recommended to have one as he/she can help you to stay in compliance with statutory regulations.
SME Advisor provides the following services, but not limited to these services, to assist our clients in their business needs:
Discuss with us on your concern, we will try our best to provide you the best outcome.
Small and Medium Enterprises (SMEs) with a paid-up capital of up to RM2.5m at the beginning of the basis period:
Chargeable Income YA 2019
The first RM500,000 17%
In excess of RM500,000 24%
Company with paid-up a capital above RM2.5m at the beginning of the basis period : 24%
Malaysia is under the single-tier tax system. Dividends are exempt in the hands of shareholders.
The Income Tax Act, 1967 provides that where a person (referred herein as "payer") is liable to make payment as listed below (other than income of non-resident public entertainers) to a non-resident person (NR payee).
Withholding tax is an amount withheld by the party making payment (payer) on income earned by a non-resident (payee) and paid to the Inland Revenue Board of Malaysia.
'Payer' refers to an individual/body other than individual carrying on a business in Malaysia. He is required to withhold tax on payments for services rendered/technical advice/rental or other payments made under any agreement for the use of any moveable property and paid to a -resident payee.
'Payee' refers to a non-resident individual/body other than individual in Malaysia who receives the above payments.
This company incorporation includes: