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Type of Business Entities in Malaysia

Update Date:2016-1-28 10:32:29 Source:Tannet (Malaysia) Sdn Bhd Views:1470

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1.      Sole Proprietor (or Sole Trader)

Like many other countries out there, the Sole Proprietorship business entity in Malaysia is owned solely by one individual, as his/her liability is unlimited. What unlimited liability means is: If a business fails or is declared bankrupt, creditors can sue the sole proprietor’s owner for all debts owed to respective merchants. This means personal assets; personal income and employment income are all liable.


2.      Partnerships

The “Partnership” business entity is a joint-entity holder with two or more persons to carry out a legal business in Malaysia. The Companies Commission of Malaysia requires that partnership entities must comprise of at least two (2) members and a maximum twenty (20) members. Partners in partnership business entities are also bounded by unlimited liability.


3.      Limited Company (SDN BHD or BHD)

Sendirian Berhad (SDN BHD) is a private limited company, where it prohibits any invitation to the public to subscribe to any of its shares, deposit money with the company for investment or subscription. Minimum members in a private limited company are two (2) and maximum is fifty (50).

Berhad (BHD) is a public limited company where its shares can be offered to the public for fixed periods and any other forms of subscription. The minimum amount of members or shareholders are two (2) and maximum of unlimited amount of members.

There are three (3) types of limited companies in Malaysia:

- Limited by Shares

- Limited by Guarantee

- Unlimited company with/without share capital


4.      Foreign Companies

Foreigners (non-Malaysian residents) are allowed to register a private limited company in Malaysia, so long as two (2) of the company’s directors are permanent (principal place of residence) residents in Malaysia.

Foreign companies are companies already incorporated (formed) outside of Malaysia but set up its business premises and operations in Malaysia. There are two ways to go about being a ‘foreign company’ in Malaysia:

- Register a branch in Malaysia

- Incorporate a local company



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