Saturday, November 2, 2019

Start Your New Company in Malaysia with Our Support


Start Your New Company in Malaysia with Our Support

S F M Consulting Firm has been in the activity of helping companies in their different exercises. We offer our help for the Companies to deal with their lawful commitments that they have to satisfy as a component of their consistency with the laws of the nation. There are numerous statutory commitments that the legislature of Malaysia anticipates that the Companies should satisfy. These are regular decides that quandary every one of the organizations in the nation. Be that as it may, little and medium Companies think that it’s hard to completely comprehend these guidelines and keep them. There are different structures and proclamations that should be submitted intermittently. There are numerous records that should be submitted to the legislature. These business people who are focusing on improving their business scarcely don't discover time to take the necessary steps to satisfy the statutory commitments, nor do they have the mastery to carry out these responsibilities.

S F M Consulting Firm offers numerous administrations that will assist these companies with complying with the principles of the land so they can focus on their center business. We likewise offer bookkeeping administrations which are significant for the Companies both as a marker of their budgetary wellbeing and furthermore as they require to present the announcements to the legislature. As a Company devoted to doing these works, we have representatives who are very talented in doing every one of these works. Outside business visionaries additionally feel sure about opening their Companies in Malaysia as we are there to direct them about the different customs to be pursued.

Opening a Company in Malaysia is exceptionally useful for outsiders due to the different offices that the nation offers. They are offered different tax-exempt zones to set up the Company. Malaysia is likewise a lively economy where they can would like to showcase their items beneficially. There is no shortage of profoundly qualified and talented individuals to work for these outside organizations. Outside business visionaries need to essentially experience an office to get their Companies enrolled in Malaysia. S F M Consulting Firm will render all the help required for this reason. We have truly reasonable bundles for a company to set up administrations.

It is extremely helpful for neighborhood business people to begin a venture company. We will help you with big business company registration in Malaysia. An undertaking company has a lot of advantages. It offers a ton of opportunity to the proprietor of the company as he can run it according to his desire. There are fewer principles to pursue and no review should be accomplished for such Companies.

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Sunday, May 12, 2019

How to Register a Company in Malaysia with SSM?

If you are looking for “How to register a company in Malaysia?“. You are at the right place. This guide will provide you information regarding how to do an SSM company search via ssm-einfo, how to complete the official forms to register for a company and where to submit them.

How to Register a Company in Malaysia with SSM

This article is written for those who intend to start a Sole Proprietorship or Partnership business in Malaysia only. Register your own company in Malaysia is not complicated. You just need to follow a few simple steps to get your company registered under Suruhanjaya Syarikat Malaysia (SSM). First, brainstorm at least three company names. Then, check the company name availability. After that, complete the form “BORANG PNA 42” to register for a Company Trade Name and the form “BORANG A” to register your Company. Head to SSM Head Office and submit the two forms. Remember to bring along your Identity Card (IC) and RM70 for company registration fees and business info print-out.

Suruhanjaya Syarikat Malaysia (SSM)

The Companies Commission of Malaysia (Suruhanjaya Syarikat Malaysia or SSM in Malaysia) is a statutory body which regulates companies and businesses. SSM, which came into operation on 16 April 2002, is a statutory body formed as a result of a merger between the Registrar of Companies (ROC) and the Registrar of Businesses (ROB) in Malaysia.
The main activity of SSM Malaysia is to serve as an agency to incorporate companies and register businesses as well as to provide company and business information to the public.
As the leading authority for the improvement of corporate governance, SSM fulfils its function to ensure compliance with business registration and corporate legislation through comprehensive enforcement and monitoring activities to sustain positive developments in the corporate and business sectors of the Nation.
SSM online (ssm e-info) is offering the public to purchase the financial information and profiles of all companies that registered with SSM Malaysia. You can acquire more information from SSM online here.
Register SSM online vs offline
The company registration can be done through online via Ezbiz Online services at ezbiz.ssm.com.my or manually at any SSM counter in Malaysia. For first-timers, you should be visiting the SSM counter for the registration. You can consult the friendly officer directly at the counter if you have any question. It is also recommended to apply for the Ezbiz Online services at the counter so that you can renew or modify your business details through the online system later on.
You might be interested to read the article on How to Register a Company through ezBiz Online.

Why should I register my online business with SSM?

The business will become a legally registered entity
It will boost your customer’s confidence level
It also facilitates users to verify a business information
The business details submitted will assist the government to support any development of business community and prospect.
Only legally registered business will be able to apply for Malaysia Payment Gateway, like eGHL.


So, what are the steps to register a Company in Malaysia?

#1. Brainstorm Company Names (at least three)

It is recommended to get a trade name rather than your own personal name for your business. A company trade name will look more professional. You will need at least three name suggestions to be written down on the form “Borang PNA 42”, although only one will be approved for each company. A company name should be:
·         Remarkable,
·         Easy to remember, &
·         Relevant to your business

Business name
There are differences between a business name and a trade name. A business name is the official name of the person or entity that owns the company. It is your business’s legal name. You use your business name on government forms and applications.

Trade name
On the other hand, the trade name is different from a business’s legal name. Business owners can use a trade name for advertising and sales purposes. The trade name is the name the public sees, like on a signboard and on your eCommerce store. It is recommended to use a similar term for both business name and trade name to avoid confusion.

#2. Check Company Name availability

Save your name search fee by checking the name availability with SSM online system. With a brief view of registered company names at SSM registry of companies, you will have a better idea to decide your new company name. This move will avoid using identical existing registered names and minimize the possibility of being rejected by SSM. It also will save you from incurring possible additional charges payable to SSM.
SSM Company Name Search Online System
·         Visit to www.ssm-einfo.my
·         Click on the icon stating “Register as e-Account Member!”
·         Fill in the “e-Registration Form”, then submit
·         You will receive a message “Please login now”
·         Log in with your username & password
·         Once successful login, click on the icon “>> Search”
·         Enter your desired company name in the box “By Name”
·         DONE! Name search result from SSM will be displayed!
If your desired name has already been taken, it will be listed down in a table. The search result will be empty if your desired name has not yet been registered with SSM.
MYDATA Services
Another similar website to check your company name availability in Malaysia is MYDATA. Visit www.mydata-ssm.com.my to check the availability by just typing in your desired name in the search bar. No log in is required. However, based on a recent check (21st Oct 2017) on a freshly registered company name, the internal data of the site seems to be not-so-updated compared to ssm-einfo.

#3. Complete the form “BORANG PNA 42” to register a Company Trade Name

A business name represents the identity of the business carried out. A business name can be categorized into two types according to Guidelines For New Business Registration:
·         Personal name as stated on the identity card is not required to apply for approval of the business name. For example, Ruslan bin Mohamed, Siow Ah Thai or, Ramasamy a/l Mutusamy.
·         Trade Name is the name of the proposed business and must obtain prior approval from the Registrar of Business at Suruhanjaya Syarikat Malaysia. For example, Kedai Dobi Mewah, Lucky Star Catering, or ABS Unggul Enterprise.
For Trade Name registration, you need to fill in the top three desired names for your company in the first section of Borang PNA 42, followed by the type or nature of the business you are going to operate.
No business shall be registered by a name which contains any word that is:
·         blasphemous or likely to be offensive to members of the public;
·         misleading as to the nature, scope or importance of the business carried on or to be carried on under such name;
·         offensive to any race or religion.
·         read Rules 15, Rules of Business Registration 1957 for more details.

#4. Complete the form “BORANG A” to register your Company

Fill in the details required. The previous form will need to be attached to this form “BORANG A” if you are registering for a Trade Name.
Some important notes:
·         The starting date of your business “TARIKH MULA BERNIAGA” have to be before the day of registration or on the day itself.
·         Under type of business/ “Jenis perniagaan yang dijalankan (Sesuai dengan nama perniagaan yang dicadangkan)”, make sure you have a name which is relevant to the products or services that you provided.
·         For Business Codes, please visit or download this spreadsheet. Business Codes Link

#5. Submit the two forms to SSM Head Office

Address:
Menara SSM@Sentral
No 7, Jalan Stesen Sentral 5
Kuala Lumpur Sentral
50623 Kuala Lumpur.

Operation Hour:
Day: Monday – Friday
Service Counter : 8.15 am – 4.15 pm

SSM Contact Centre:
Tel: 03-7721 4000
Fax: 03-7721 4001

SSM General Line:
Tel: 03-2299 4400
Fax: 03-2299 4411
Hotline: 03-2299 4400
E-mail: enquiry@ssm.com.my
You can also contact other state offices.
The owner (or all partners) needs to be present at the counter for registration.

Requirements
·         The owner must be a Malaysian Citizen or Permanent Resident of Malaysia.
·         The owner must be aged between 18 years and above.
·         Only owner/partner allowed making an application.
Head straight to Level 14 in Menara SSM @ Sentral. Bring the two completed forms to the counter for a manual quick check if everything is filled in correctly. Get your Number for Registration purpose. Depends on the day, it might be super busy, you then have to be patient and wait for your turn. Don’t forget to bring your identity card (IC) along.

Registration Fees
·         Sole proprietorship using personal name as stated on the identity card: RM30.00
·         Sole proprietorship or partnership using trade name: RM60.00
·         Registration of branches: RM5.00 for each branch
·         Business Information Print-out: RM10.00
The Business Registration Certificate can be obtained within 1 hour after payment. The whole process will consume 1 – 2 hours.


General Information
Register the business not later than thirty (30) days from the date of commencement of business.
A new business registration may valid for a period of one (1) year and does not exceed five (5) years on each registration.
The nature of the registered business should not contravene any laws or likely to be used for unlawful purposes or any purpose prejudicial to or incompatible with the security of the Federation, public order or morality.
Business Registration Certificate can be obtained within one (1) hour from the time payment is made.
A person who carries on business without registering a business commits an offence under the ROBA 1956 and if found guilty be fined not exceeding RM50,000.00 or imprisonment for a term not exceeding two (2) years or both.
Even though businesses have been registered with SSM, business owners are responsible to obtain licenses, permits or approval letters from other relevant authorities in order to operate their businesses.

Validity certificate of registration
Registration of Business Act 1956 Validity Certificate of Registration Issued Using A4 Paper
Visit SSM online official page for more info: http://www.ssm.com.my/en


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A Full Guidelines to Company Registration in Malaysia

Local company incorporation guidelines

INCORPORATION OF A COMPANY MALAYSIA – Through this Malaysia Company Registration guide, you can gain an understanding of the company registration in Malaysia process, new business registrations in Malaysia, register company online Malaysia and how to register a company in Malaysia. There is a number of requirements you must comply with if you wish to start the registration of a new company, register company in Malaysia and operate business here in Malaysia. 

We strongly urge you to engage GB Accounting, the best Malaysia Company Incorporation Package, to help you through this rather complex Malaysia business registration process of setting up your Malaysia corporation or open company in Malaysia. Foreigners can register a 100% foreign-owned company in Malaysia depends on the business nature. However, self-registration of a new company or self register a new company in Malaysia is not permitted for foreigners in Malaysia.

The two types of companies that can be incorporated under the Companies Act 2016 are:
  • A company limited by shares
  • An unlimited company
A Full Guidelines to Company Registration in Malaysia



1. Company Limited By Shares

A company having a share capital may be incorporated as a private company (identified through the words ‘Sendirian Berhad’ or ‘Sdn. Bhd.’ appearing together with the company’s name) or public company ‘Berhad’ or ‘Bhd’ appearing together with the company’s name).

The requirements to form a company or opening a company are:
(i) A minimum of one subscriber to the shares of the company (Section 14 CA);
(ii) A minimum of one director (Section 122); and
(iii) A company secretary who can be either:
  • An individual who is a member of a professional body prescribes by the Minister  of Domestic Trade Cooperative and Consumerism; or
  • An individual licensed by the Companies Commission of Malaysia (SSM)
Both the director and company secretary shall have their principal or only place or residence within Malaysia.

A. Incorporation Procedures

1. Filing Application of Company Name Search

A name search must be conducted to determine whether the proposed name of the company is available for Malaysia Company Registration or open company in Malaysia. Refer to Guidelines For Naming A Company and Guidelines For Application Of A Company Name. The steps involved are:
  • Completion and submission of Form 13A CA (Request For Availability Of Name) to SSM; and
  • Payment of a RM30.00 fee for each name applied for Malaysia Company Registration.
Where the proposed company’s name is approved by SSM, it shall be reserved for three months from the date of approval.

2. Lodgement of Incorporation Documents for Malaysia Company Registration

Incorporation Documents (as further explained in Part B below) must be submitted to SSM within 3 months from the date of approval of the company’s name by SSM, failure of which a fresh application for a name search must be done before open company in Malaysia. (Steps (i) and (ii) above shall have to be repeated).

B. Incorporation Documents To Be Lodged With SSM

1. Constitution (formerly known as Memorandum and Article of Association)

An original of the Constitution (formerly known as Memorandum and Article of Association) shall each be stamped at RM100.00. Stamps are affixed at the Inland Revenue Board’s stamp office.
  • The first directors and secretaries shall be named in the Constitution (formerly known as Memorandum and Article of Association).
  • The subscribers to the company’s shares shall sign the Constitution (formerly known as Memorandum and Article of Association) in front of a witness.
  • Table A of the Fourth Schedule in the CA can be adopted as the Constitution of the company (Section 30 CA).
*NOTE: For incorporation of a private company, the articles of association shall contain the following stipulations.

(i) Restriction  on the right  to transfer the company’s shares;
(ii) Limitation on the number of members to not exceed fifty;
(iii) Prohibition to any invitation to the public to subscribe the shares/debentures of the company; and
(iv) Prohibition on public invitation to deposit money with the company.

2. Form 48A (Statuary 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 and imprisoned for any prescribed offences.

3. Form 6 (Declaration of Compliance)

This declaration states that all the requirements of the CA have been complied with. It must be signed by the company secretary who handles the SDN BHD Company registration services and is named in the Memorandum and Articles of Association.

4. Additional Documents:

  • Original copy of Form 13A.
  • A copy of the letter from SSM approving the name of the company.
  • A copy of the identity card of each director and company secretary.

C. Registration Fees

Under the new Companies Act 2016, a flat registration fee of RM1,000 is payable to SSM for each application for the incorporation of a company and register company online Malaysia.

Under the old Companies Act 1965, each application for the incorporation of a company shall be accompanied with payment as per the schedule follows:
AUTHORISED SHARE CAPITAL (RM)
FEES (RM)
Up to 400,000
1,000
400,001 – 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

D. Notice Of Registration

A notice of registration (formerly known as Certificate of Incorporation) will be issued by SSM upon compliance with the incorporation procedures and submission of the duly completed Incorporation Documents.

2. Unlimited Company

The procedures and Incorporation Documents for the incorporation of an unlimited company is the same as company limited by shares. The only difference is that for an unlimited company, the liability of its members must be stated in the Constitution (formerly known as Memorandum and Article of Association) as unlimited.

Foreign Company Registration Guidelines

A foreign company may carry on business registration in Malaysia by either:
·         Incorporating a local company with the Companies Commission of Malaysia (SSM); or
·         Registering the foreign company in Malaysia with SSM.

Foreign company is defined under the Companies Act as:
  • A company, corporation, society, association or other body incorporated outside Malaysia; or
  • An unincorporated society association, or other body which under the law of its place of origin may sue or be sued, or hold property  in the name of the secretary or other officer of the body or association  duly appointed for that purpose and which does not have its head office or principal place of business in Malaysia.


Foreign Company Registration Guidelines in Malaysia


A. Registration Procedures

1. Application of Name Search

A name search must be conducted to determine whether the proposed name of the company is available for registration. Refer to Guidelines For Naming A Company and Guidelines For Application Of A Company Name. The steps involved are:
(i) Completion and submission of Form 13A of the CA (Request for Availability of Name) to SSM.
(ii) Payment of an RM30.00 fee for each name applied.
The name to be used to register the foreign company should be the same as registered in its country of origin. Where the proposed company’s name is approved by SSM, it shall be reserved for three months from the date of approval for register company online Malaysia.

2. Lodgement of Registration Documents for register company in Malaysia

Registration documents (as further explained in Part B below) must be submitted to SSM within 3 months from the data of approval of the company’s name by SSM, failing which a fresh application for a name search must be done (i.e. steps (i) and (ii) above shall have to be repeated).

B. Registration Documents

The following documents shall be submitted to SSM for registration company:
(i) A certified copy of the certificate of incorporation or registration of the foreign company.
(ii) A certified copy of the foreign company’s charter, statute or Memorandum and Articles of Association or other instrument defining its constitution.
(iii) Form 79 (Return by Foreign Company Giving Particulars of Directors and Changes of Particulars).

*NOTE:  If the list includes directors residing in Malaysia who are members of the local board of directors of the foreign company, a memorandum stating their powers must be executed by or on behalf on the foreign company and submitted to SSM.

(iv) A memorandum of appointment or power of attorney authorising the person (s) residing in Malaysia, to accept on behalf of the foreign company any notices required to be served on such foreign company.
(iv) Form 80 (Statutory Declaration by Agent of Foreign Company).
(v) Additional documents consisting of:
  • The original copy of Form 13A; and
  • A copy of the letter from SSM approving the name of the foreign company.


C. Registration Fees

Registration fees shall be as per the payment schedule below:
NOMINAL SHARE CAPITAL (RM EQUIVALENT)
FEES (RM)
Up to 1,000,000
5,000
1,000,001 – 10,000,000
20,000
10,000,001 – 50,000,000
40,000
50,000,001 – 100,000,000
60,000
100,000,001 and above
70,000
In determining the amount of registration fees, the nominal share capital of the foreign company should first be converted to the Malaysian currency (Ringgit Malaysia) at the prevailing exchange rate.
In the event a foreign company does not prescribe any share capital, a flat rate of RM 1,000.00 shall be paid to SSM.


D. Certificate of Registration

A certificate of registration will be issued by SSM upon compliance with the registration procedures and submission of duly completed Registration Documents. The Company will be informed once GB received the certificate of registration from register SSM. Company Search can be performed once it was setup. GB will remind you to file your Company Tax when the deadline is due.

If any of the described registration documents are in languages other than Malay or English, a certified translation of such documents in Malay or English shall be required.

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Wednesday, April 17, 2019

How to Register a Company in South Africa - Initial Process


South Africa is one of the highest economies that comes to be easier to do business. As the second largest economy in Africa, the country draws attention from the international trade community. The business environment is considered challenging by some entrepreneurs, who hinder a piece of cake, a business has to be disciplined to take advantage of closure opportunities. If you are planning to set up a shop in this area, you must first follow certain administrative actions, legal rules, and legal requirements. Find out how to register a business in South Africa.

How to Register a Company in South Africa

Required Documentation

Some documents required by CIPC to register a company in South Africa include completed copies of the Foundation's Notice and Memorandum. You can download them on the website of the committee
Other personal documents or supplies that you must provide are:
  • IDs or passports of founders and directors.
  • Identity copy of the applicant if none of the directors’ register.
  • Power of attorney for signing all related documents on behalf of the founder if he/she is a legal person.
  •  Certified copy of proof of identity to identify a power of attorney for the previous action.
  •  Valid reservation in case of pre-registration.

Reserving a company name

You must submit a company name to your business memorandum. There are three options for registration: a registered company that uses his / her name and file registration. Before the start of the booking, you need to find the name CIPC to make sure that another company has a brand or name. CIPC does not carry out proprietary information to the owners of the company because it is registered on CIPC's online services on the main affiliate portal. The last option is the company name.

Registering with SARS

All companies must meet the tax liability. In our case, a private company will automatically register with a taxpayer if the company is based on CIPC. Otherwise, for entrepreneurs or other types of companies registered by independent partners, they must begin to register with SARS within 60 days.

Registering with CIPC

The way to register activities in South Africa is that you can do online or in certain terminals. The CIPCself-service terminals are located in Pretoria, Johannesburg, Pretoria, Cape Town or the authorized bank, such as the First National Bank (FNB). The total value of the registration is as per the costs of the R175. Register the following document or information:
  • confirmed contact information for directors and owners
  • Identification information of the owner or passport
  • Details of physical location, e-mail and bank details
  • Signed copy of registration forms


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