Statutory Forms of Sdn Bhd (Companies Act 2016)
Before the Companies Act 2016 updates, you will be required to provide some statutory documents of your company for processing, regardless of whether you are opening a business bank account or applying for a grant/loan. Those required documents are usually referred to as Form 9, Form 13, Form 24, Form 32A, and so forth.
However, if your company has been incorporated after the year 2016, these documents are not relevant to your company anymore. Since they are now referring to as Sections, example of a few is Section 14, Section 15, Section 17, and so forth.
Continue reading for more information on most of the common Sections related to Sdn Bhd company post incorporation.
Section 14 – Application for Registration of a Company
Similar to previous Form 24, Form 44, and Form 49
Section 14 is APPLICATION FOR REGISTRATION OF A COMPANY, which is issued after your company incorporation. Also known as SUPER FORM since it is a replacement for the previously multiple forms which are needed to incorporate a company in Malaysia.
This document consists some of the most important information of the company as below:
- Company Name
- Company Type
- Incorporation Date
- Company Registration Number
- Business Nature, MISC Code, and Business Description
- Business Registered Address
- Particulars of Directors & Shareholders
- Price per Share, Class of Share and Number of Share per Shareholder
- Information of the person who submitted the incorporation application (normally will be the Company Secretary)
*Do note that once this document has been issued, the information will not be updated. If there’s any changes after the date of incorporation, business owner can obtain the latest company profile from SSM e-Info Portal, or SSM MyDATA Portal.
Sample: Section 14 – Application for Registration of a Company
Section 15 – Notice of Registration
No previous similar form
Upon compliance of the procedure and payment of the appropriate fee for the company incorporation. SSM will inform the person who submitted the Application for Registration of a Company (Section 14), usually your company secretary, through an email. This email is known as the Notice of Registration (Section 15).
The Notice of Registration from SSM is the conclusive evidence that the company is successfully incorporated.
Sample: Section 15 – Notice of Registration
Section 17 – Certificate of Incorporation of Private Company
Similar to previous Form 9
This Certificate of Incorporation of Private Company (Section 17) document will not be issued automatically after your company is incorporated since SSM also email out the Notice of Registration (Section 15) instead.
However, this document may still be requirement for some organisations such as banks or financial service providers. Therefore, business owner can obtain this document from SSM e-Info Portal, or SSM MyDATA Portal instead.
Sample: Section 17 – Certificate of Incorporation of Private Company
Section 58 & 236(2) – Notification of Appointment of First Company Secretary
Similar to previous Form 49
This Notification of Appointment of First Company Secretary (Section 58 & 236(2)) document purpose is to appoint the first company secretary, this have to be submitted to SSM only once within 30days of the company incorporation.
Sample: Section 58 & 236(2) – Notification of Appoint of First Company Secretary
Section 58 – Notification of Change in the Register of Directors, Managers, and Secretaries
Similar to previous Form 49
This Notification of Change in the Register of Directors, Managers, and Secretaries (Section 58) document should be submitted to SSM every time there are any changes in managers, directors or company secretaries of the company. Usually when supporting document like the Super Form (Section 14) are requested, this Section 58 document are also attached for the most updated information.
Sample: Section 58 – Notification of Change in the Register of Directors Managers Secretaries
Section 51 – Notification of Change in the Register of Members
No previous similar form
This Notice of Change in the Register of Members (Section 51) document are to be submitted to SSM by the company secretary every time there are changes to the shareholding of the company. Therefore, is since the company incorporation, if there’s no changes to the shareholding at all. Then the company will not have any of this document. Usually the Super Form (Section 14) will be sufficient supporting documents instead.
However, if there are changes in shareholders, this document should be attached alongside the Super Form (Section 14) for the most updated information.
Sample: Section 51 – Notification of Change in Register of Members
Section 78 – Return for Allotment of Shares
Similar to previous Form 24
When there are new shares being allotted, this Return for Allotment of Shares (Section 78) document have to be submitted to SSM. It contains the particulars of the new shareholder, along with the share type, share class, share price and numbers of share being issued.
Do note that after the submission of this document, the Notice of Change in the Register of Members (Section 51) document also have to be submitted to by the company secretary.
Sample: Section 78 – Return of Allotment of Shares
Section 105 – Instrument of Transfer of Securities
Similar to previous Form 32A
This Instrument of Transfer of Securities (Section 105) document for shares transfer in the company, between the transferor and transferee. It indicates number of shares and price of the shares being transferred along with other details of the transferor and transferee.
Do note that after the submission of this document, the Notice of Change in the Register of Members (Section 51) document also have to be submitted to by the company secretary.
Sample: Section 105 – Form of Transfer of Securities
Section 28 – Application for Change of Name
Similar to previous Form 11
This Application for Change of Name (Section 28) document is to submit to SSM for the company name change. Company that has changes name would be required to carry its’ former name for 12 months.
Example: ABC Sdn Bhd (Formerly known as XYZ Sdn Bhd)
Sample: Section 28 – Application for Change of Name
Section 201 – Declaration by Person before Appointment as Director, or by a Promoter before Incorporation of Corporation
Similar to previous Form 48A
This Declaration by Person before Appointment as Director, or by a Promoter before Incorporation of Corporation (Section 201) document have to be signed individually by all directors/promoters before the company incorporation application is submitted. It is to declare that they have all met the requirements to act as director and have given consent to the appointment as director.
Sample: Section 201 – Declaration by Person before Appointment
Section 46(3) – Notice of Change in the Registered Address
Similar to previous Form 44
This Notice of Change in the Registered Address (Section 46(3)) document is to submit to SSM for any changes on the registered address of the company. It is compulsory for a company to have a registered office in Malaysia at all times.
The registered office address is where the company’s official documents are generally kept, such as the secretary file, minutes book, register book, share certificates etc. Therefore, it is also where all communication and notices can be addressed to.
Sample: Section 46(3) – Notification of Change in the Registered Address
Practice Directive 2/2017 – Notice of Change in the Business/Branch Address and/or Nature of Business
No previous similar form
This particular Practice Directive 2/2017 document mainly is to performs 2 objectives. Which are the changes of company business address, and/or the changes of nature of business. It can be used for either one or both the same time.
While there was no previous similar form to update the company business address, changing the nature of business were provided by amending the M&A (Memorandum & Articles of Association, now known as Constitution.)
Sample: Practice Directive 2_2017 – Notification of change in the Business Address and_or Nature of Business
*Sample documents attached in this article have been taken from the SSM website as well as the MyDATA portal.
