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    Company Law Riza

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    Muhammad Riza Saleh
    Incorporation is the process of forming a new legal entity known as a corporation. It is the foundation of company law. To incorporate, a minimum of two subscribers and two directors are required. Specific documents must be lodged with the Companies Commission of Malaysia (CCM), including a memorandum and articles of association, statutory declarations, and identity documents. If all requirements are met, the CCM will issue a certificate of incorporation, officially recognizing the company as a legal entity that can carry out business in Malaysia according to its memorandum. Incorporation establishes the rules and procedures that companies must follow under Malaysian law.

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    Company Law Riza

    Uploaded by

    Muhammad Riza Saleh
    234 views3 pages
    Incorporation is the process of forming a new legal entity known as a corporation. It is the foundation of company law. To incorporate, a minimum of two subscribers and two directors are required. Specific documents must be lodged with the Companies Commission of Malaysia (CCM), including a memorandum and articles of association, statutory declarations, and identity documents. If all requirements are met, the CCM will issue a certificate of incorporation, officially recognizing the company as a legal entity that can carry out business in Malaysia according to its memorandum. Incorporation establishes the rules and procedures that companies must follow under Malaysian law.

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    study case in company law

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    Incorporation is the process of forming a new legal entity known as a corporation. It is the foundation of company law. To incorporate, a minimum of two subscribers and two directors are required. Specific documents must be lodged with the Companies Commission of Malaysia (CCM), including a memorandum and articles of association, statutory declarations, and identity documents. If all requirements are met, the CCM will issue a certificate of incorporation, officially recognizing the company as a legal entity that can carry out business in Malaysia according to its memorandum. Incorporation establishes the rules and procedures that companies must follow under Malaysian law.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    234 views3 pages

    Company Law Riza

    Uploaded by

    Muhammad Riza Saleh
    Incorporation is the process of forming a new legal entity known as a corporation. It is the foundation of company law. To incorporate, a minimum of two subscribers and two directors are required. Specific documents must be lodged with the Companies Commission of Malaysia (CCM), including a memorandum and articles of association, statutory declarations, and identity documents. If all requirements are met, the CCM will issue a certificate of incorporation, officially recognizing the company as a legal entity that can carry out business in Malaysia according to its memorandum. Incorporation establishes the rules and procedures that companies must follow under Malaysian law.

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    Question 1

    Incorporation is the bedrock upon which Company law is built

    Incorporation is the process of forming a new corporation whereas the corporation


    will be deemed as legal entity if that is effectively recognized as a person under the law.
    Incorporation is the bedrock upon which company law is built means forming of new
    corporation and studies of how shareholders, directors, employees, and stakeholders interact
    with one another. In Malaysia, Companies Act 1965 in company law established to organize
    starting from how to incorporate a company and the regulation need to be complying until the
    wind up of a company. There are several reasons for registering company which is taking
    advantage of the corporate personality of the company, taking advantage of limited liability,
    and legal compulsion to register a company.
    In incorporation, there are procedures for registering company to be recognized as a
    legal entity in Malaysia. The requirements are:
    -

    A minimum of two subscribers to the shares of the company: s 4 (CA 1965)


    A minimum of two directors: s 22 (CA1965)
    The company secretary can be either: An individual who is a member of a
    professional body prescribed by the Minister for Domestic Trade and Consumer
    Affairs or an individual licensed by the CCM.

    INCORPORATION PROCEDURES
    1.

    Name search and application for name

    A name search must be conducted to determine whether the proposed name of


    the company is available. It includes the completion and submission of form
    13A (Request for availability of name).

    2.

    Lodgement of Incorporation Documents


    Incorporation documents must be submitted to CCM within three months from
    the date of approval of the companys name search must be done. The
    documents that must be lodge:
    -Memorandum and Articles of Association
    The original copy of the memorandum and articles of association shall each
    must be stamped at RM100, the first directors and secretaries shall be named in
    the memorandum and articles of association. The subscribers of the company
    shares shall sign the memorandum and article of association in front of witness
    and Table A of the fourth schedule in the act can be adopted as the article of
    association of the company s.30.
    -Form 48A, statutory declaration by a person before appointment as a director,
    or by a promoter before incorporation of corporation. Whereas the director should
    declare under oath that he/she is not a bankrupt, he/she has not been convicted and
    imprisoned for prescribed offences. And this declaration should be signed in front
    of commissioner of oaths, president of the session court, magistrate, and those
    empowers under the statutory declaration act 1960.
    -Form 6, declaration of compliance shall states that all the requirements of the
    CA have been complied with. It must be signed by the company secretary who
    handles the registration and is named in the memorandum and articles of
    association.
    -Additional documents:

    Original Form 13A, a copy of the identity card of each director and company
    secretary, a copy of letter from CCM approving the name of the company.
    After the registration of company done and fulfil the requirements, certificates of
    incorporation will be issued by the CCM upon completion with the incorporation procedures
    and submission of duly completed incorporation documents:
    - Form 8 Certificate of Incorporation for a public company.
    - Form 9 Certificate of Incorporation for a private company.

    A company is advised to obtain the required license/permit/approval from other relevant


    authorities before carrying on any business outlined in the Memorandum of Association.
    In the inferences of company law built, it stated all the requirements and procedures that need
    to comply to be successful recognized and become legal entity in Malaysia to generate profit
    from business activities within the object clause regarding to their Memorandum of
    Association.

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