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A foreigner or foreign company who wish to carry on business in Malaysia may do it by
- Registering a locally incorporated company; or
- Registering as a Foreign Company under the Companies Act 1965 ( ie as a branch of the foreign company in Malaysia)
The ownership of foreign interest in the company will be subject to foreign equity policies of the country which may vary from industry to industry and also from case to case. Foreign Investment Committee(FIC) is the government agency that sets policies on foreign investment in Malaysia. Approval from FIC and/or other government agencies (eg. Ministry of International Trade and Industry (MITI), Ministry of Domestic Trade and Consumer Affair or Bank Negara Malaysia(Malaysia Central Bank)) may therefore be required for foreign equity. The foreign equity allowed may range from 30% to 100% depending on the type of industry and sector.
However if the purpose is not to commence business in Malaysia immediately, the foreign investor may also consider setting up a Representative Office first in Malaysia.
A Representative Office can be used to undertake market and feasibility study. It is not allowed to carry on any business activities such as manufacturing or trading which will generate income from its operations. Expenses incurred are to be totally funded by its head office. Approval from the relevant Government Agencies such as MITI is required the setting up of a Representative Office in Malaysia.
Document Requirement :
Registering a locally incorporated company
- Company name approval.
- Business address if available.
- Authorised share capital and paid up capital.
- Particulars of the directors or shareholders – (photocopy of IC or passport of each director or shareholder) (one of the director must have his primary place of residence in Malaysia).
- Nature of business.
- Filling of company documents with the Companies Commission of Malaysia.
Registering as a Foreign Company under the Companies Act 1965
- Company name approval
- A certified copy of its certificate of incorporation or registration in its place of incorporation
- A certified copy of its charter, statute, memorandum and articles or other instrument defining its constitution.
- A list of its directors incorporated with particulars of passport no., residence address, date of birth, occupation and nationality.
- Other documents required for filling.
Please note that all the above documents must be in English
Registering a Representative Office in Malaysia
- Latest Annual Report of Company/Financial Statement.
- Certified certificate of incorporation of company and change in name of company if any.
- Other information which may support the application (brochure, pamphlet etc)
- Certified copy of certificate of qualification for the proposed expatriate and personal particulars.
- Description task of an expatriate post.
- Purpose of setting up representative office.
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