Body in Charge of Company Incorporation in Sarawak, Malaysia
- Roger Pay
- 6 hours ago
- 4 min read
Sarawak Company Incorporation Explained
The primary body in charge of company incorporation in Sarawak, Malaysia, differs slightly from Peninsular Malaysia. Here's a breakdown:
For Business Registration (Sole Proprietorships and Partnerships):
Unlike Peninsular Malaysia where the Companies Commission of Malaysia (SSM) handles business registration, in Sarawak, the Inland Revenue Board of Malaysia (LHDN) is the governing agency for business name registration.
You will need to visit the LHDN office in Kuching, Sarawak, to conduct a business name search and submit your registration documents. There is currently no online process for business registration in Sarawak.
Business activities in Sarawak are governed by the Business Name Ordinance (Law of Sarawak Chapter 64) and the Business, Professionals and Trading Licensing Ordinance (Laws of Sarawak Chapter 33).
For Company Incorporation (Private and Public Limited Companies):
Once your business name is approved by LHDN, the incorporation of the company itself is handled by the Companies Commission of Malaysia (SSM).
You can register a company with SSM online through their website, or offline by submitting the required documents to the SSM Kuching Sarawak office.
In summary:
Business Name Search and Approval: Inland Revenue Board of Malaysia (LHDN) in Kuching, Sarawak.
Company Incorporation: Companies Commission of Malaysia (SSM), with both online and offline submission options in Sarawak.
It's important to note that Sarawak has specific conditions and governance requirements for company incorporation that may differ from those in Peninsular Malaysia.
How Bestar can Help
Professional help can be invaluable when it comes to company incorporation in Sarawak, Malaysia. Here's how Bestar can assist you through the process:
Expertise in Regulatory Compliance: Bestar is well-versed in the Companies Act 2016 (which applies nationwide in Malaysia, including Sarawak) and the specific procedures for company incorporation. We ensure all documentation and processes adhere to the legal requirements, minimizing the risk of errors and delays.
Preparation and Filing of Documents: We handle the meticulous task of preparing and lodging the necessary incorporation documents with the Companies Commission of Malaysia (SSM). This includes the Memorandum and Articles of Association (MAA) or Constitution, Form 1 (Application for Registration of a Company), and other statutory forms.
Name Search and Approval: We can conduct the required company name search with the Inland Revenue Board of Malaysia (LHDN) in Sarawak and assist with the application for name approval, ensuring compliance with the Business Name Ordinance (Law of Sarawak Chapter 64).
Liaison with Authorities: We act as a point of contact between your company and the relevant authorities like SSM and LHDN, streamlining communication and addressing any queries efficiently.
Post-Incorporation Matters: Our assistance often extends beyond incorporation to include initial statutory filings, appointment of directors and officers, and setting up the company's statutory registers.
Staying Updated on Regulatory Changes: Bestar keeps abreast of any changes in company law and regulations, ensuring your company remains compliant from the outset.
Drafting the Constitution (formerly MAA): Bestar can draft a tailored Constitution for your company that aligns with your specific business needs and objectives, going beyond the standard templates. This can be crucial for outlining shareholder rights, internal governance, and dispute resolution mechanisms.
Legal Advice on Business Structure: We can advise on the most suitable type of company structure (e.g., private limited, public limited) based on your business activities, liability considerations, and future plans.
Understanding Local Ordinances: Bestar can provide specific guidance on any local ordinances that might impact your business operations.
Contract Review and Drafting: While not directly part of incorporation, we can help with initial contracts and agreements necessary for starting your business.
Financial Planning and Structure: Bestar can advise on the financial implications of different company structures and help you develop initial financial projections.
Tax Planning: We can provide guidance on the tax obligations of a company in Malaysia and Sarawak, helping you structure your business in a tax-efficient manner.
Setting up Accounting Systems: While not directly related to incorporation, we can help you establish proper accounting systems from the beginning.
Market Entry Strategies: Bestar can provide insights into the local business environment, potential challenges, and opportunities.
Navigating Local Regulations: We can help you understand the broader regulatory landscape in Sarawak beyond just company incorporation, including licensing requirements specific to your industry under the Business, Professionals and Trading Licensing Ordinance (Laws of Sarawak Chapter 33).
Networking and Connections: Bestar has established networks that can be beneficial for a new company.
In summary, engaging professionals for company incorporation in Sarawak can provide:
Accuracy and Compliance: Ensuring all legal and regulatory requirements are met correctly.
Efficiency: Streamlining the process and saving you time and potential delays.
Expertise: Providing specialized knowledge of company law and local regulations in Sarawak.
Peace of Mind: Reducing the stress and complexity associated with the incorporation process.
Long-Term Benefits: Setting a strong legal and administrative foundation for your company's future success.
While it's possible to handle company incorporation yourself, especially with the online SSM portal for the final incorporation stage, the initial steps in Sarawak involving LHDN and understanding local nuances often benefit significantly from professional guidance. This is particularly true if you are unfamiliar with Malaysian company law or the specific regulations in Sarawak.
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