The Letter of Incorporation is a fundamental document in the Malaysian company formation process, required under the Companies Act 2016 and overseen by the Companies Commission of Malaysia (SSM). This document is used when establishing a new company in Malaysia and must be submitted along with other statutory documents such as the company constitution and director consent forms. The Letter of Incorporation includes essential information about the company's structure, ownership, and governance, serving as a formal declaration of the incorporators' intent to establish a new legal entity. It must address all regulatory requirements, including details of directors, shareholders, share capital, and intended business activities, while also considering any special requirements such as industry-specific licenses or Shariah compliance if applicable.
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1. Letter Header: Official letterhead including company name, registered address, and date
2. Recipient Details: Addressing the Companies Commission of Malaysia (SSM)
3. Subject Line: Clear indication that this is a Letter of Incorporation
4. Company Details: Proposed company name, registration number, and business address
5. Corporate Structure: Type of company (private limited, public limited) and share capital structure
6. Director Information: Names, identification details, and addresses of all directors
7. Shareholder Information: Details of all shareholders and their respective shareholdings
8. Business Activities: Description of intended business activities and objectives
9. Declaration: Statement of compliance with Companies Act 2016 and other relevant laws
10. Signature Block: Signatures of incorporators/directors with names and dates
1. Shariah Compliance Declaration: Required if the company will operate under Islamic banking principles
2. Special License Declaration: Required for regulated industries requiring special permits or licenses
3. Foreign Ownership Statement: Required when there are foreign shareholders or directors
4. Group Structure Details: Required when the company is part of a corporate group
5. Authorized Representative: When a third party is authorized to handle the incorporation process
1. Schedule A - Director Information: Detailed profiles of directors including their qualifications and other directorships
2. Schedule B - Share Capital Structure: Detailed breakdown of share classes, rights, and distribution
3. Schedule C - Business Activities: Comprehensive list of intended business activities with corresponding MSIC codes
4. Appendix 1 - Supporting Documents: List of attached documents such as ID copies, certificates, and permits
5. Appendix 2 - Corporate Structure Chart: Visual representation of ownership and corporate structure
6. Appendix 3 - Compliance Checklist: Checklist confirming all regulatory requirements have been met
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