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Malaysia Company De-registration

Update Date:2015-10-29 8:09:59 Source:Tannet (Malaysia) Sdn Bhd Views:673

Malaysia Hotline: +603- 2141 8908                                      

The Malaysian Companies Act empowers the Registrar to de-register a defunct company if he has reasonable cause to believe that the company is no longer carrying on business or in operation.

There are a few requirements to be fulfilled before Malaysia Company De-registration:

1. The directors must obtain the resolution of the shareholders for the initiation of the application to strike off the name of the company from the register on the basis that the company is not carrying on business or the company is not in operation

2. The company has no assets and liabilities at the time when the application is made

3. The company has no outstanding charges in the Register of Charges

4. The company has no outstanding penalties or offer of compounds under the Companies Act 1965

5. The company has no outstanding tax or other liabilities with any government department or agency

6. The information of the company with the Registrar is up to date

7. The company is not involved in any legal proceeding within or outside Malaysia

8. The company has not made any return of capital to the shareholders

9. The company is not a holding company or a subsidiary of another corporate body

10. The company is not a “Guarantor Corporation”

Required Documents for Malaysia Company De-registration:

1. Covering Letter- stating reasons to support application

2. Statement by Applicant

3. Resolution of majority shareholders OR if director/s OR shareholder/s is/are untraceable, proof of attempts to trace the where about of such directors or shareholders

4. Management Accounts or Audited Financial Statements (if so requested)

5. Waiver letters from creditors/tax clearance (if applicable)



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