A business bank account or a payment gateway service can only be applied for if you have statutory documents of your company. The code words such as F9, F13, F24, F32A et cetera are usually reserved for all the documents deemed to be incomprehensible to the public. Importantly, companies that have been incorporated from year 2016, F documents have not relevancy to them following the amendments in the Companies Act 2016.
Content Outline
The SSC have explained it in detail in the introduction of the companies act 2016. They offer exemplary sample documents and clarifications on both the old and the new statutory documents included in Schedule A, B, and C.
Listed below are the essential statutory documents that require the acknowledgement of your company:
Superform S14 – application for registration (Previously known as Form 24, Form 44, and Form 49)
After successful incorporation of your company, you will be issued with the application for registration, commonly known as the Superform. It consists of all the basic information of the company such as:
- Company name and type.
- Business nature and description.
- Particulars of directors and shareholders.
- Details of the applicant for incorporating that person.
Please note that the data mentioned will NOT be supplied as it will be delivered ONCE. All the updates of the first information since the incorporation date must be supported by separate documents.
If you really want to know about the current details of the company, it might be best to consider getting these updates through the MyDATA or e-Info portal.
Notice of Registration – S15 (Previously Unavailable)
Once your company incorporation has been successfully approved, the SSM will send an official notice via email to the lodger, i.e. the person who submitted the company incorporation application. This means that the lodger may either be self or your company secretary. It can be termed as the Notice of Registration email.
Certificate of Incorporation – S17 (Previously known as Form 9)
Many companies like to provide their services in different spheres of life, which means they need this document as one of main requirements. However, the certificate of incorporation will not be issued automatically because the Notice of Registration (S15) will be emailed by the SSM after successful incorporation. One can acquire a copy of this document through the MyData or e-Info portals.
Declaration by Person before Appointment as Director – S201 (Previously known as Form 48A)
Each prospective director should fill the declaration by Person before Appointment as Director form to confirm the compliance with the requirements for the appointment and agree to it.
Notification of Appointment of First Company Secretary – S58&236(2) (Previously included in Form 49)
Make a notification of appointment of first company secretary in respect of your company within 30 days of your incorporation.
Lodgement of Constitution – S32 (Previously known as Memorandum and Articles of Association (M&A))
Since the provisions of the Companies Act 2016 and the Third Schedule may be adopted as a constitution, it does not mean that Sdn Bhd must formulate a constitution. Nevertheless, the paper can still be of importance to some organizations for purposes of recording the company authority, shareholders’, and directors’. Therefore, you should let them know that your company does not adopt a constitution.
However, in some circumstances, your company could opt for only one to enable your company to enjoy greater flexibility in decision making and governance.
Notification of Change in the Register of Members – S51 (Previously part of Form 24)
The Notification of Change in the Register of Members (S51) which the company is required to notify every time there are changes in the company’s shareholders. However, many such S51 documents may exist during the creation of your firm, and these ought to be provided with the Superform to show the records of alterations in each of your shareholders over time, although the Superform is requested alone.
However, a company with constant shareholder changes since it started its operations may not have this document, and Superform can be used to provide this information.
Return for Allotment of Shares – S78 (Previously known as Form 24)
This document is published as a result of the issuance of new shares. This includes the details of the shareholder, the type of share classified along with its price as well as the number of shares. Thereafter, the company secretary shall lodge Notification of Change in the Register of Members (S51).
Notification of Change in the Register of Directors, Managers, and Secretaries – S58 (Previously known as Form 49)
In respect to the company, S58 requires a notice to be given to SSM when changes occur in the company’s manager directors and company secretary. The document is quite similar to the S53 Notification of Change in the Register of Members (S51) and such S53s can be several across the developing business. Therefore, if a user would like to obtain the Superform only, S58 must also be supplied.
Instrument of Transfer of Shares – S105 (Previously known as Form 32A)
An agreement between the transferor and transferee for share transfer in the company. It stipulates the number of shares, share price, and other things. Subsequently, it will be authenticated by being sealed at the LHDN, following its signing.
Upon a successful transfer of shares, the company secretary will provide S51 to confirm the most recent members of the company.
For those who might be interested in viewing all sample documents that are attached within this article, they can be accessed from the SSM website and MyDATA portal as well. The Notification of Registration and Certificate of Incorporation are issued by the SSM, while the company secretary prepares and submits these statutory documents to the SSM. The myData and e-Info portals will host accepted and approved documents by the SSM.
Statutory documents may be bought from those portals in certified true copies form (CTCs) or let your company secretary to certify and make them provided for you.
In order not to miss out a supporting document; it is important to explain to the company secretary the relevant reasons why you need additional statutory documents.
Please refer to e-Info and MyDATA for more information.
Experience hassle-free compliance with FastLane Group. Switch your company secretary today for worry-free operations!
