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Incorporation of Companies - Coggle Diagram
Incorporation of Companies
Application for Incorporation
Section 14(3): details of new company must fill in MyCOID 2016 portal.
Section 14(4): provide agreement to act as a promoter or director and not disqualified.
Section 15: RoC issues a registration number and notice of registration once it met.
Section 18: effect from the date stated in the notice of registration.
Section 19: conclusive evidence that the company is duly incorporated.
Registration and Formation
company name and registration number must display.
Private company can start right after receiving the notice of registration.
Public company must meet additional requirement.
Company Name
Section 9(a): must have name
Section 27(1): Application to RoC to confirm name availability.
Section 27(5): RoC must reserve the name for 30 days
Section 26(1): Name must not be undesirable
Section 25(1): Public company - Berhad or Bhd | Private company - Sendirian Berhad or Sdn Bhd | Unlimited company - Sendirian or Sdn
Section 597(2): it is an offence for a company to misuse the term "Sendirian"
Post-Incorporation Requirements
Appointment of Officers: Must have directors,secretary, and auditor.
Common Seal: Required for certain documents.
Maintain statutory registers and records.
Company Constitution: Mandatory for a company limited by guarantee.
Effects of Incorporation
Certificate or notice of registration is proof of incorporation.
Existence continues until removed from the register.
Own property, enter contracts, sue or be sued in its own name.
Company enjoys perpetual succession
Section 20 CA2016: The Company becomes a body corporate with separate legal personality distinct from its members.