Company Law:Formation of a company

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Company Law:Formation of a company by Mind Map: Company Law:Formation of a company

1. procedures to form a company

1.1. 1.Obtain proposed company name

1.2. 2.Lodge prescribe form (Form 13A-Request For Availability Of Name) with the Registrar of Companies.

1.3. 3.If name is available, Registrar of Companies will reserved it for 3 Months from the date of approval

1.4. 4.Within 3 months, lodge with the Registrar of Companies the following documents 1. The Memorandum and Articles of Association 2.Statutory declarations by promoters and directors (Form 48A) 3. Particulars of directors (Form 49) and registered office (Form 44) 4. Declaration of compliance (Form 6) 5. Statement of the allotment of shares (Form 24)

1.5. 5.Payment of registration fees (according to authorised share capital).

1.6. 6.The Registrar will issue a certificate of incorporation upon approval

2. The Constitutions of a company

2.1. The Memorandum Of Association(MOA)

2.1.1. The name of the company

2.1.2. The objects of the company

2.1.3. Its share capital

2.1.4. The liability clause - that the liability of its members is limited

2.1.5. The association clause - that the subscribers are desirous of forming a company

2.1.6. The names, addresses and occupations of the subscribers

2.2. The Articles Of Association (AOA)

2.2.1. Set out the division of powers and the relationship between the general meeting of shareholders and board of directors

2.2.2. The method of appointing directors, the procedure at meetings of the company, the procedure for allotment and transfer of shares

2.2.3. How dividends are to be declared, and the respective rights and obligations of members.

2.2.4. Sets out the provisions regulating the internal management and operation of a company

3. Name of company

3.1. Section22( 3)

3.1.1. Limited company must have the word "Berhad"or the abbreiation "Bhd"

3.2. Section22(4)

3.2.1. Private limited company must have the word ‘Sendirian’ or the abbreviation ‘Sdn’