HOW TO INCORPORATE MY OWN COMPANY ?
INCORPORATION OF COMPANIES
1. INTRODUCTION
The term ‘incorporation’ refers to the act of
registering a company. Registration is done at CCM, which is the relevant body
supervising registered companies and enforcing CA 2016.
The
company within the meaning of the Companies Act 2016 must be a company
registered under the Act or any written law previously. Therefore, registration
is the ultimate thing under this Act.
When a company is registered, it said to have been
incorporated. However, the meaning of incorporation is not limited to the
context of company registration. The term ‘incorporation’ has legal
implications with regard to the operations of the company and those who are
dealing with the company.
2. PROCEDURAL REQUIREMENTS
FOR INCORPORATION
- (sec 14 CA 2016)
A person who desires to form a company shall apply for
incorporation to the Registrar. The application shall include a statement
containing following particulars:
a. The name of the company
b.
The status whether public or
private
c.
Nature of the business
d.
Address of the registered office
e.
Name, identification, nationality
and residence of member
f.
Name, identification, nationality
and residence of director
g.
Name, identification, nationality
and residence of the secretary
h.
If it is company limited by
shares, the detail and class of number of shares taken by member
i.
If it is a company limited by
guarantee the amount of the member undertake to contribute.
j.
Any other information request by
registrar
Beside that the application
should be accompanied by statement by each promoter or director confirming:
a.
His
consent to act as promoter or director
b.
He is
not disqualified – for example he is an undischarged bankrupt.
A company shall not be
formed for any unlawful purpose (s.14(2)). The registrar shall refuse to
register the application where he is satisfied that the proposed company is
likely to be used for an unlawful purpose or for purposes prejudicial to public
order, morality or security of Malaysia. (s.16(2))
S.15 CA 2016
If registrar is satisfied,
he shall :
a.
enter
the particulars in the register.
b. assign a registration number
c.
issue a
notice of registration
The registrar may issue
certificate of incorporation – s.17. This means that it is not compulsory to
issue certificate of incorporation. The conclusive evidence in respect of
registration is the notice of registration under – s.19
HOW TO INCORPORATE MY OWN COMPANY ?
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