Starting a Business in Malaysia as a Foreigner

The Important First Few Steps:

Once you have decided Malaysia is the place to invest, the key points of “Starting A Business in Malaysia” will help you tie up the loose ends!

7 key points to consider before starting a business in Malaysia for foreigners:

1. What kind of business can I do? What am I passionate about? [Read: Businesses not permitted to foreigners]

2. Is my business idea feasible to conduct as a foreigner? Are they many opportunities to be explored in Malaysia?

3. The suitable business entity for foreigners for your business? What are the options of ownership for each entity available for foreigners? Is my business nature able to obtain 100% foreign-owned entity? Starting a Business in Malaysia As a Foreigner

4. Which trade licenses required for my business? My aim to start a franchise business – how to get started?

5.  Am I guaranteed to be able to obtain all necessary approvals for trade licenses and work permit right after I register the company? This is the most crucial thing to know to avoid being stuck at the first step in your registration of the company itself!

6. What are the main costs involved in the registration of the company, set-up, trade licenses, and work permit?

7. What kind of problems generally faced by foreigners setting up a Malaysian company?

8. With this business, what are the visa options available for my family and myself? There are many kinds of work permits of different company structure for foreigners to chose, each has its own purpose and advantages. Check it out which structure suits you!

Example of the setup costs which may include the followings:

Company registration fee with Authorized Capital required for incorporation of a Malaysia Sdn Bhd Company

Trade licenses may be wholesale, retail trade (WRT) and local town council licenses for the premise and advertisement

In the case of a franchise business, your cost will include franchise, training and agreement fees

Deposit for office/shop space (usually amounts to 2 months of rental and 1-month utility fee)

Office/Shop renovation costs, types of furniture and fittings  Starting a Business in Malaysia As a Foreigner

Initial deposit on opening a bank account. The minimum required ranges from RM1,000 to RM5,000 (varies with banks)

Cost of setting up landlines and broadband (deposit per line is roughly RM450)

For those interested using Malaysia as a regional business hub and interested to register a company in Malaysia. Here are six (6) keys questions:

1. What is the right type of entity?

2. What is the suitable structure should I have?

3. Do I need any trade licenses? Starting a Business in Malaysia As a Foreigner

4. How can I maximize the tax for my profit and personal tax?

5. How fast can the Company being formed complete with two (2) years’ work visa for me and my family?

6. What is the difference between local Malaysian Sdn Bhd Company and Labuan International Company?

LHDN’s new Tax Investigation Framework 2020

THE Inland Revenue Board Malaysia (LHDN) has issued a new Tax Investigation Framework 2020 to replace the Tax Investigation Framework issued on May 15, 2018.

The new framework, which took effect on Jan 1, 2020, is aimed at informing taxpayers about LHDN’s tax investigation procedures.

In general, the framework outlines the rights and responsibilities of officers, taxpayers and tax agents; assists taxpayers to fulfil their obligations, and informs taxpayers of the legal provisions relating to a tax investigation.

These are the key points.

Investigation Procedures

Request for Documents and Information

An investigation can be carried out by issuing letters requesting documents and information from the taxpayer, tax agents and third parties.

The taxpayer may be required to give information and an oral explanation at LHDN offices.

LHDN officers may also visit the taxpayer’s business premises with a written notification given prior to the visit.

Inspection Visit

Investigations can also be carried out by making an inspection visit without prior notice to the taxpayer’s business premises, residences, tax agent’s premises, third parties and other premises as necessary.

Examination of Documents

The LHDN officer will inspect the taxpayer’s business documents and/or personal documents. The inspection is to gather evidence of tax evasion and request any party to produce documents in his custody or control.

Record Statement

At least two LHDN officers will be present during the recording of statements from persons related to the case being investigated. Qualified lawyers can be present during the recording of statements as well.

Finalisation of Investigation

After completion of the investigation procedures, LHDN will issue a letter to the taxpayer confirming the finalisation of the investigation.

If a settlement is agreed upon, an agreement or letter of the undertaking will be signed.

The investigation is considered finalised after the case is approved by the DG of LHDN and an assessment is raised. Taxpayers who have been investigated will be monitored by LHDN.

If the taxpayer does not agree with the investigation findings, the DG may, according to the best of his judgement raise an assessment with a penalty.

Cases which are to be prosecuted will be forwarded to the legal department. Failure of a taxpayer to attend court proceedings after the summons is served may result in a warrant of arrest being issued.

Offences and Penalties

Failure to furnish, return or give notice of chargeability

Under subsection 112(1) of the Income Tax Act 1967 (ITA), taxpayers who fail to furnish the Income Tax Return Form (ITRF) for one year of assessment shall on conviction, be liable to a fine of not less than RM200 and not more than RM20,000, or imprisonment for a term not exceeding six months or both.

Whereas under subsection 112(1A), taxpayers who fail to furnish the ITRF for the period of two years of assessment or more shall, on conviction, be liable to a fine of not less than RM1,000 and not more than RM20,000, or imprisonment for a term not exceeding six months or both.

The taxpayer shall also pay a special penalty of three times the amount of tax which has been undercharged.

If no prosecution has been instituted in respect of failure to furnish a return or give notice of chargeability, the DG may require the taxpayer to pay a penalty three times the amount of tax which has been undercharged as under Section 112(3) of the ITA.

Incorrect returns

Making incorrect return by omitting or understating any income of which the taxpayer is required to make a return on behalf of himself or another person, or gives any incorrect information in relation to any matter affecting his own changeability to a tax of any other person is an offence under Section 113(1) of the ITA.

Taxpayers guilty of the offence shall, on conviction, be liable to a fine of not less than RM1,000 and not more than RM10,000 and shall pay a special penalty of double the amount of tax which has been undercharged.

If no prosecution has been instituted in respect of the incorrect return or incorrect information, the DG may impose a penalty equal to the amount of the tax which has been undercharged as under Section 113(2) of the ITA.

Wilful evasion

Under Section 114(1) of the ITA, the taxpayer guilty of the offence shall, on conviction, be liable to a fine of not less than RM1,000 and not more than RM20,000, or imprisonment for a term not exceeding three years or both, and shall pay a special penalty of three times the amount of tax which has been undercharged.

Investigation under Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

Failure to furnish ITRF (Section 112 of the ITA), make incorrect returns (Section 113 of the ITA) and wilful evasion (Section 114 of the ITA) are listed as serious offences under Second Schedule of the AMLATFPUAA.

LHDN may take action to deter, detect and investigate cases of money laundering related to serious offences.

Upon conviction of money laundering offence under Section 4 of the AMLATFPUAA, a person shall be liable to imprisonment for a term not exceeding 15 years and shall also be liable to a fine of not less than five times the sum or value of the proceeds of unlawful activity or instrumentalities of an offence at the time the offence was committed or RM5 million, whichever is the higher.

Investigation under AMLATFPUAA and investigation under ITA may be conducted separately or concurrently.

LHDN officers may exercise powers under AMLATFPUAA such as:

  • Enter any premises without a search warrant.
  • Search the premises for any property, record, report or document.
  • Inspect, make copies of or take extracts from any record, report or document.
  • Take possession of any property, record, report or document seized and detain it for a period deemed necessary.
  • Search any person who is in, or on such premises.
  • Break open, examine and search any article, container or receptacle.
  • Stop, detain or search any conveyance.
  • Break open any outer or inner door of such premises or conveyance.
  • Remove by force any obstruction to such entry, search, seizure, detention or removal.
  • Detain any person found on such premises, or in such conveyance until the search is completed.
  • Order any person believed to be acquainted with the facts and circumstances of the case to attend before the LHDN officer for examination.
  • Arrest without warrant a person suspected to have committed or to be committing any offence under AMLATFPUAA.
  • Issue an order to freeze any property, such as bank accounts, of any person who is suspected of committing a serious offence.

Responsibilities of taxpayer investigated under AMLATFPUAA:

  • Allow the LHDN officer to access any premises and submit to the search of his person.
  • Attend before the LHDN officer for examination.
  • Answer any question put to him by the LHDN officer.
  • Furnish any information or statement as requested by the LHDN officer.
  • Cooperate and comply with any lawful demands by the LHDN officer in the execution of his duties.
  • Not to conceal and to give the LHDN officer any property, record or information which may reasonably be required of him and which he has in his power to give.
  • Not to destroy any property, record, report or document in order to prevent its seizure or the securing of the property, record, report or document.

A person who fails to comply, if convicted under section 34 of the AMLATFPUAA, shall be liable to a fine not exceeding RM3 million or imprisonment for a term not exceeding five years or both.

In the case of a continuing offence, he shall be liable to a further fine not exceeding RM3,000 for each day during which the offence continues after conviction.

Benefits of Online Accounting Software

In every business, whether it is small or big, it requires constant attention so that the business can run smoothly. Among all these elements, accounting and bookkeeping method is an important one. It takes huge efforts to maintain the accounts and it is also a time-consuming job. So, a pleasant solution to this problem is using online accounting software. This online accounting software will calculate the cash flow, revenue and so on precisely and accurately. Further, your financial information will be safe, and you can access it from any corner of the world. Hence, it is a great investment for the business, specifically for small business, where the fund is limited.

There are several other benefits of online accounting software too.

Online Accounting Software – User-Friendly

It is very easy to learn, and one can easily adopt these practices in day to day operations. Once you set up is ready, only a few entries will help you in keeping accounts up to date. All the information from the invoices and bank statements can be uploaded automatically and will be processed into the right category. So, from now onwards, you need not to worry about the advanced accounting too. You can efficiently maintain accounts of your business just by making a few clicks. Maintaining data becomes easy for you and in fact, you are not required to devote lots of time in it.

Payroll

Online accounting software makes work easy for you. It just eases your work of filling out the information of employees timely and accurately.

Online Accounting Software Security

Online accounting software keeps the data online, so, you might be worried about its security. But, keep in mind that the security of your data is the topmost priority of these online business software companies. Hence, security is not your concern. It is always beneficial to assess the financial health of your company at any time. The online connection makes work easy for you like easily you can invoice your clients. When you think of the security of data, many people still think of outsourcing any accountant to keep their accounts. But, this software is the safe place to keep data intact and safe.

Online Accounting Software Cash Flow

When you efficiently maintain the cash flow, then you can save money effectively. The online accounting software will make the process simple to determine incentives for the employees. It will also determine discounts for the customers and creditors. Further, you can easily comprehend profit as well as losses.

Cost-Effective

Online accounting software is the most cost-effective and affordable way to maintain your business accounts. In house software as well as outsourcing accountant can cost you a large sum of money. But the online accounting software will not cost you much. They are not expensive. So, you can manage your business accounts in a cost-effective manner.

Automated Record Keeping

The main problem with financial management is that it is labor intensive and confusing. So, one needs an expert to handle all these accounting problems. But with online accounting software, there are features which will compile all your data in different categories. They will merge all the data and information in an operating system. In fact, the online accounting software are able to analyze the business practices and will display the trends of money flow in your company. You can easily maintain and create financial reports with much fewer efforts. You can do the following easily:

  • Automatic Data Backup
  • Check Printing
  • Budgeting and Forecasting
  • Cost Predictions
  • Comment Capabilities
  • External Application Integration
  • Customizable Reports
  • Payroll Management
  • Fund Accounting
  • Password Protection
  • Inventory Management

Accounting is always an integral and essential part of any business. The business constantly needs accurate financial information. This information helps them in making business decisions. So, the online accounting software will serve the purpose and will provide the correct information. Switching to online accounting software will give them many benefits. Running the business with the right tools are always beneficial. A single mistake in accounting can cost you a big loss. But the online accounting software will keep you away from such mistakes. So, it’s the time to switch to online accounting software. No need for hiring an accountant for all your accounting purpose. Enhance your productivity with the online accounting software.

Malaysia Business Advisory Services for Foreigners

Malaysia Immigration Visa Application for foreigners: Expatriate DP10 Work Visa  for you and family
Our service includes the application of dependent visa and ID card for the expatriate and his family

Malaysia My Second Home 10 years’ Multiple-Entry Visa- the best visa category! Hassle-free multiple-entry visa of 10-years for you and your family. Renewal is indefinite. It comes with good incentives such as parents’ visa, tax-free car, and maid visa. Applicants are permitted to conduct businesses with unlimited non-taxable fund transfers to Malaysia. 

Permanent Residence Visa

Foreign Talent Visa

Visa Dependent Visa of all categories

Various Malaysia Business Entity Eligible for Foreigners:
Incorporating of Malaysian Private Limited Company (Sdn Bhd) of these categories:

  1. 100% foreign-owned (minimum RM500,000 paid-up capital depends on the nature of business)
  2. Joint venture with local Malaysian

Other types of entity foreigners can set-up:

  • Labuan International Companies
    Suitable for foreigners who like to use Malaysia as a base to connect the world with businesses, all transactions in foreign currencies. Labuan Company tax rates are very attractive of 3%, permissible to deal with local Malaysians.  There are many different usages of Labuan International companies, it varies depends on your needs. Click here to understand the advantages of setting up the Labuan International company in Malaysia. 
  • Regional or Representative Office Status
    3 years’ office approval with allowed activities for research, fact-finding, coordination, sourcing, import, and export.
    2 years’ expatriate work permit is also applicable to their family. No tax and audit account required to comply.
    More on Representative/Regional Office, please click here! 
  • Operational Head Quarter Status 
    Approval for 10-years tax-free incentives. Paid-up capital with a minimum of RM2.5 million with coordination, sales, and procurement among the branches worldwide. The unlimited number of expatriate positions depends on job justifications.
  • MSC Status Company
    Applicable for foreign and Malaysian companies in the Information, Communications and Technology sector. Income tax-free incentives for 5 years and Investment Tax allowances of 10 years with free import on all types of equipment. Freedom to source capital and borrow funds globally. The unlimited number of expatriates positions with job justifications is allowed.

Company Values: Definition, Importance and Examples

  • What Are Company Values?

Company values, also known as corporate values or core values, are the fundamental beliefs upon which your business and its behavior are based. They are the guiding principles that your business uses to manage its internal affairs as well as its relationship with customers. Once set, your core values need to be firm and unwavering a mandate rather than a suggestion. They should affect every aspect your business, from employee benefit packages and workplace culture to marketing strategies and customers service.

Keep in mind that company values should be more than stated values; they must be practiced values. If your company doesn’t follow through on the values it claims to hold, you can’t expect your hypocrisy to go unnoticed or unanswered by consumers. Employees, likewise, will notice if your company isn’t living up to its values statement, which can damage morale.

Why Are Company Values Important?

Numbering 83.1 million, millennials surpassed baby boomers in the 2014 census and represent one-quarter of the U.S. population. Simply put, this generation is too large to ignore. If corporate values matter to millennials and they do  then they should matter to you, too. As employees and customers, millennials favor companies whose values align with their own personal values. That makes corporate values an important part of both driving sales and attracting top talent.

When it comes to recruiting employees, you can even put a dollar amount on how much company values are worth. According to a study by Fidelity, millennials would be willing to take, on average, a $7,600 pay cut for a healthier work-life balance, a better company culture, career development, or a more meaningful job factors that would improve their overall quality of life.

A strong set of company values also gives your company direction and helps it build a reputation. They set the tone for how your business interacts with customers, markets its products, and makes important decisions. If you take them seriously, your core values will help you form a solid brand identity and a cohesive business plan.

How Do You Define Company Values?

You can incorporate your corporate values in your mission statement or write a separate statement of core values. Either way, the process should start with a brainstorming session. Invite a handful of people who understand and embody the traits you want your company to be known for. These could include the founder, CEO, and other company officers, but don’t forget to include some key employees too, such as your top salesman, your most respected managers, or your best designer. Ask each participant to list what they think the company’s values are or should be.

You can jumpstart and guide the process with questions like:

  • What core values will resonate with our customers?
  • What principles should guide our choices?
  • What do we want our company to be known for?
  • How will our values distinguish us from competitors?
  • What qualities do we value in employees?

Values Employees should Strive to Emulate

  • Values are purposeful. Your values shouldn’t be a list of generic ideals. They should be specific to your company, and they should align with your company’s goals. For instance, while a commitment to justice might make little sense for a tech company, a commitment to privacy would serve an important purpose.
  • Values are choices. Rather than seeing your values as beliefs, treat them like choices. After all, most companies will say they believe that customer service is important. What differentiates your company from others will be the choices you make in the name of customer service. That could mean committing to a 24-hour response time for email inquiries and investing in the staff and tools to make that possible.
  • Values will cost you. Like any choice, values come with an inherent cost. Make sure you are ready to uphold your company’s core values even when it would be easier or less expensive to ignore them. If your company claims a commitment to sustainability, you should use eco-friendly materials even if that decision cuts into your profits. Values that cost you nothing aren’t worth having.
  • Values require action. Beliefs without action are just empty words. For instance, if you say your company values innovation, you can’t stifle employees with a “this is how it’s always been done” mentality. Instead, you should be actively encouraging and considering new ideas.
  • Values are timeless. Although your company’s practices and strategies may change over time, your core values should be constant. Choose values you can stand by regardless of economic conditions, external incentives, competitive advantage, or corporate trends.

Keep in mind that company values aren’t merely an internal matter, limited to an obligatory section in the employee handbook that hardly anyone reads or remembers. Rather, companies are expected to share their values publicly. Let consumers know what you stand for and how you run your company.

Make sure your employees are familiar with your company values. Set values employees can put into practice, and give them the tools and incentives to do so.

Starting a Limited Liability Partership (LLP)

What is it?

Limited Liability Partnership (LLP) is an alternative business vehicle regulated under the Limited Liability Partnerships Act 2012 which combines the characteristics of a company and a conventional partnership. 

Who is it for? 

The LLP business structure is designed for all lawful business purposes with a view to make profit. LLP may also be formed by professionals such as Lawyers, Chartered Accountants and Company Secretaries for the purpose of carrying on their professional practice. The LLP concept will also support start ups, small and medium enterprises (SMEs) to grow their businesses without having to worry too much on their personal liabilities, personal assets and strict compliance requirements. 

Salient features 

Amongst others, LLP is featured with the protection of limited liability to its partners similar to the limited liability enjoyed by shareholders of a company coupled with flexibility of internal business regulation through partnership arrangement similar to a conventional partnership.

Any debts and obligations of the LLP will be borne by the assets of the LLP and not that of its partners’. An LLP has the legal status of a body corporate which is capable of suing and being sued in its own name, holding assets and doing such other acts and things in its name as bodies corporate may lawfully do and suffer.

LLP also offers flexibility in terms of its formation, maintenance and termination while simultaneously has the necessary dynamics and appeal to be able to compete domestically and internationally. With the introduction of LLP, entrepreneurs will have more options to choose the most preferred form of business vehicle.

Limited Liability Partnership (LLP or PLT) under the Limited Liability Partnership Act 2012

PLT is an alternative business vehicle to carry out business which combines the characteristics of private companies and conventional partnerships. PLT provides limited liability status to its partners and offers the flexibility of internal rules through agreements between partners. 

​​​Salient Features of LLP

  1. The LLP is a body corporate and has the legal personality separate from the partners (separate legal entity).
  2. LLP is a perpetual succession.
  3. Any partnership in the partnership will not affect the existence, right or liberty of the LLP.
  4. LLP has unlimited capability and is capable of suing and be sued for it, acquire, owning, holding and develop or dispose of property.
  5. LLP may do and suffer such other acts and things as bodies corporate may lawfully do and suffer.

Registration of LLP

  1. By minimum two (2) persons (in whole or in part, an individual or a body corporate);
  2. For any lawful business for the purpose of making a profit; and
  3. In accordance with the terms of the LLP agreement.

Who can register

  1. Professionals
  2. Small and medium business.
  3. Joint Venture.
  4. Venture Capital (Venture Capital)

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Scope of “digital services”

“Digital services” is defined under the Amendment Act to mean any service that is delivered or subscribed over the internet or other electronic network and which cannot be obtained without the use of information technology (IT) and where the delivery of the service is essentially automated.

 

Some examples of digital services that were provided by Customs under its Guide include:

(a) online licensing of software, updates and add-ons website filters and firewalls;

 

(b) mobile applications and video games;

 

(c) provision of digital content, e.g. music, e-book, film, images, text and information;

 

(d) advertisement platform, e.g. provision of online advertising space on an intangible media platform;

 

(e) online platform, e.g. offering of a platform to trade products or services;

 

(f) search engines services;

 

(g) social networks;

 

(h) database and hosting, e.g. website hosting, online data warehousing, file-sharing and cloud storage services;

 

(i) internet-based telecommunication;

 

(j) online training, e.g. provision of distance teaching, e-learning, online courses and webinars;

 

(k) online newspapers and journals subscription; and

 

(l) payment processing services.

In determining whether a service falls within the scope of digital services, Customs takes the position that the services must be delivered with “minimal or no human intervention from the service provider.” As such, where the transmission of the services is via e-mail and the delivery of the services requires some form of human intervention on the part of the service provider, such services would not fall within the scope of digital services.

 

Unfortunately, the Guide does not provide any further clarification on the meaning of “minimal human intervention” or what it means where delivery of services are “essentially automated.” Given these uncertainties surrounding the scope of digital services, FSPs may want to consider engaging with Customs to obtain certainty on this issue.

Who are FSPs?

“FSP” means any person who is outside Malaysia providing any digital service to a consumer and includes any person who is outside Malaysia operating an online platform for buying and selling goods or providing services (whether or not such person provides any digital services) and who makes transactions for provision of digital services on behalf of any person.

 

In interpreting who would be regarded as an FSP, Customs takes the position that the following persons would be regarded as an FSP:

 

(a) a person who sells digital products directly to consumers;

 

(b) a person who (i) sells digital products indirectly through intermediaries such as an online platform; and (ii) issues the invoice for such a sale; and

 

(c) an online platform who (i) makes sale transactions on behalf of an overseas service provider; and (ii) issues an invoice under its name (Platform Operator).

 

This definition includes foreign providers of digital services as well as foreign Platform Operators who sell products or services on their platform.

 

However, it is unclear based on the current legislation, if a foreign Platform Operator who makes sale transactions on behalf of a local service provider would be regarded as an FSP who is required to charge 6% service tax on sales made via its platform.

 

Comparison between Company vs LLP vs Conventional Partnership vs Sole Proprietorship

The most common types of business organisation in Malaysia are as follow :

Limited Company

Limited Liability Partnership

Conventional Partnership

Sole Proprietorship

Ownership

 One or more

Two or more (but not more than 20) individual

Two or more parties

One

Words ended at the end of name registered

“Sdn Bhd” or “Sendirian Berhad” or “Bhd” or “Berhad”

“PLT” (Perkongsian Liabiliti Terhad)

No specific word

No specific word

Capital Contribution

Shareholders contribution

Partners contribution

Partners contribution

Self contribution

Owners of the business

Shareholders or Members who own ‘shares’ and entitle to certain rights in the Company

 Partners who have contributed capital

Partners

Sole Proprietor

Legal Status

Separate legal entity

Separate legal entity

No separate legal entity status

No separate legal entity status

Party that is liable for debts of the business

Company

LLP

Partners

Sole Proprietor

Management of business

Board of Directors

Partners

Partners

Sole Proprietor

Personal liability

personal liability. Liabilities borne by directors or shareholders are to the extent of unpaid shares only.

No personal liability of partner, except for own wrongful act or omission or without authority. Liabilities borne by partners are jointly and severally with the LLP to the extent of unpaid share capital only.

Unlimited liability (jointly and severally liable with the partnership) which can extend to personal assets of the partners.

Unlimited liability which can extend to personal assets of the sole proprietor.

Limitation of Liability

Limited

Limited

Unlimited

Unlimited

Profit sharing

Follow shareholding proportion in the Company

Specify in LLP Partnership Agreement

Specify in Partnership Agreement

Entitled to all profit

No. of Shareholders/Partners

Minimum 1 and maximum 50 for private limited company

Minimum 2 and no maximum limit

Minimum 2 to 20 partners (Except for partnerships for professional practice with no maximum limit)

Only one

Requirement of Company Secretary / Compliance officer

Acting by qualified/licensed Company Secretary under the Law

Acting by one or more Partners or qualified / licensed Company Secretary under the Law

Not required

Not required

Audit Requirement

Accounts required to be audited

Not mandatory unless stated in partnership agreement

Not required

Not required

Yearly Compliance to CCM

Must circulate audited financial statement to shareholders.Mandatory to lodge annual return every anniversary date of company and audited financial statements within 6 from the financial year end to SSM

Mandatory to lodge an Annual Declaration and solvency statement within 90 days from the financial year end

Not required

Not required

Renewal of License

Not required

Not required

Mandatory

Mandatory

Annual Filing Fee to SSM

RM150.00 for Annual Return

RM50.00 for Audited Financial Statements

RM200.00

Trade Name – RM60.00 per year
Personal Name – RM30.00 per year

Trade Name – RM60.00 per year
Personal Name – RM30.00 per year

Income Tax Status

Tax on Company

 Tax on LLP

Tax on Partners

Tax on Sole Proprietor

Income Tax Rate
*Year Assessment 2016 (Subject to change yearly)

19% on the first RM500K profit (applicable for Small and Medium Sized Enterprise) and 24% on the remaining balance of profit.

19% on the first RM500K profit (applicable for Small and Medium Sized Enterprise) and24% on the remaining balance of profit.

From 0% to 28%

From 0% to 28%

Controlling Law

 Companies Act 2016 & Companies Regulations 2017

Limited Liability Partnerships Act 2012 & Limited Liability Partnerships Regulations 2012

Registration of Businesses Act 1956 & Registration of Businesses Rules 1957

Registration of Businesses Act 1956 & Registration of Businesses Rules 1957

Succession

Perpetual succession

Perpetual succession

No perpetual succession

No perpetual succession

Formation

Lots paperwork and more expensive

Fewer paperwork and formalities

Less paperwork and formalities

Less paperwork and formalities

Administration

A bit complex

Simple

Simple

Simple

Nominee Director of Services Malaysia

Nominee Director Malaysia

According to the Companies Act 2016 of Malaysia, all companies must have at least 2 directors who should be Malaysian residents. Nominee director services let you have a director for your company to help meet all the statutory requirements and this nominee director will not have any power over your company`s financial aspects. Nominee director responsibilities and obligations are not exactly the same as those imposed on any regular director by the common law and the Companies Act of Malaysia.

 

Nominee Director Responsibilities

If you are a foreign investor who is starting a business in Malaysia then you need not worry about the ownership of your company as foreign investors are allowed 100% ownership of the business and they need only appoint a director who is a resident of Malaysia or better yet you should go for nominee director services.

  • A nominee director doesn’t hold any number of shares of the company.
  • He/she does not interfere with the business operations of the company.
  • He is not a bank signatory of the corporate bank account. So rest assured, all your company finances are protected.
  • A nominee director only represents the interests of his nominator.
  • When a conflict of interest arises between the nominator`s interests and the company`s, a nominee director must avoid it as per his fiduciary duty.

All the services provided by a nominee director are restricted to statutory compliance. Even though a nominee director is not someone who is involved in a company`s management, operations or financial aspects, he still can help in organizing annual general meetings and making sure that annual returns are filed in time so that your company doesn’t face any penalties. He/she can also make sure that the interests of his nominator are not trampled on by any of the other shareholders.

 

Due diligence on your part is required before you go for nominee director services. A thorough nominee director agreement should be conceived detailing all that you require and expect from a nominee director and all that he/she can or cannot do.

 

Business Setup Worldwide provides nominee director services in Malaysia that can help speed up your company registration process and if you are also looking for someone for company registration in Malaysia, then voila! as we also provide that. All you got to do is, contact us, sit back and relax while we take care of the company registration procedure. The experts at Business Setup Worldwide also provide other services in Malaysia such as accounting and bookkeeping, intellectual property services and company secretarial services.

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TRADEMARK BASICS

DEFINITION OF TRADE MARK

Trademark

Trademark means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Sign

Any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, color, sound, scent, hologram, positioning, sequence of motion or any combination thereof.

Collective Mark

A collective mark shall be a sign distinguishing the goods or services of members of the association which is the proprietor of the collective mark from those of other undertakings.

Certification Mark

A certification mark shall be a sign indicating that the goods or services in connection with which it shall be used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

NON-REGISTRABLE TRADE MARK

Prohibited Marks

If the use of which is likely to confuse or deceive the public or contrary to law.

Scandalous or Offensive Matter

If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.

Prejudicial to the Interest or Security of the Nation

Registrar bears the responsibility of determining the trade mark, whether it might be prejudicial to the interest or security of the nation. It may be that a mark contains an inflammatory statement or words.

GROUNDS FOR REFUSAL OF REGISTRATION

  1. Absolute grounds for refusal of registration
  2. Relative grounds for refusal of registration
 

FUNCTIONS OF TRADE MARK

Origin

A trade mark helps to identify the source and those linked for the products and services trade in the market.

Choice

A trade mark assists consumers to choose goods and services with ease.

Quality

Consumers define a certain trade mark for its known quality.

Marketing

Trademark play a significant role in promoting. It’s common for consumers to make purchases based on the continuous effect of advertising.

Economic

Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.

IMPORTANCE OF TRADE MARK REGISTRATION

Intellectual Proprietary privileges in relation to a trade mark may be established through actual use in the marketplace and registration provides for:

Exclusive Rights

Registered trademarks owners have an exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.

Legal Evidence

 Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership.  A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.   

DURATION OF REGISTRATION

Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.

MULTIPLE CLASS APPLICATION

An application may be made in a single application listing goods or services belonging to several classes of classification to the Registrar.

DIVISIONAL

An application for the registration of trademark or the registration of trademark may, upon the request of the applicant or registered proprietor, be divided into two or more separate applications for the registration or registration of trademark.

MERGER

Two or more separate applications for registration of trademark or registration of trademark may, upon the request of the applicant or registered proprietor, be merged into one application for registration of trademark or one registration of trademark.

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– Follow with customer on payment and document
– Prepare resolution, statutory forms etc
– Filing and printing work to be done
– Good customer services as need to communicate with customer
– Maintain social media and website
– Create webpage, create poster, create video

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Type of Business Entities in Malaysia

First off, let’s start with Types of Business Entities. There are three (3) different types of business entities to choose from:

Sole Proprietor (or Sole Trader)

This is a type of business in Malaysia under a single individual. The liabilities of the business associate the person’s bank account, and it is the simplest type of company in Malaysia. You will gain a lot of freedom with a sole proprietorship, but at the same time, it is a business type with the most risk. Sole proprietorships in Malaysia don’t need to submit audits or do annual fillings. Only a yearly fee is required to be paid to the companies commission Malaysia (SSM).

Partnerships

As its name suggests, different partners come together to form the business. In Malaysia, the concept of partnership is pretty simple, it is similar to a sole proprietorship, only that multiple people are running the business. Anyway, in a partnership, every individual has rights to the business according to the agreement and investment contribution. There can be two to twenty partners contributing to business in Malaysia.

Limited Companies

Private Limited Company In Malaysia, the term Sendirian Berhad (SDN BHD Company Malaysia) is used to denote a private limited company. A private limited company can exist as a separate legal entity, and it is necessary there be shareholders and board of directors. This is a “company’ in general terms, meaning that there are employees, offices, contracts, going into debts, dissolving, and other office concepts.

Understanding different types of business entities available in Malaysia for:

Foreign Companies

Foreigners (non-Malaysian residents) are allowed to register a private limited company in Malaysia, so long as TWO (2) of the company’s directors are permanent (principal place of residence) residents in Malaysia. Foreign companies are companies ALREADY incorporated (formed) outside of Malaysia but set up its business premises and operations in Malaysia. There are two ways to go about being a ‘foreign company’ in Malaysia:
- Register a branch in Malaysia, or; - Incorporate a local company (see “Requirements” below) Requirements The registration process and documents to be filled in (with payable fees) are as common: * A certified copy of the certificate of incorporation OR registration from its country of registration. - A certified copy of the company’s memorandum and articles of association, charter, statute defining its constitution. - A list of all directors in the company (foreign and local) and list of their powers. - A memorandum of appointment or power of attorney under the seal of the foreign company wanting to incorporate in Malaysia to authorize a Malaysian resident to accept on behalf of the company its service of processed and noticed required to be served on the company. - A statutory declaration made by the agent of a company (you can get an authorized local Malaysian company secretary here) Registration fees.

Limited Liability Partnership (LLP) – Coming soon

The Limited Liability Partnership (LLP) business entity was proposed in 2003, but have yet to be fully implemented by the Companies Commission of Malaysia (“CCM” in English or “SSM” in Malay). Want to find out more about LLP? Read the official document here. Contact us now to receive a free consultation on business entities in Malaysia.

7 Tips for doing Digital Marketing in Malaysia

Digital marketing in Malaysia

Digital marketing is the modern marketing method which is the most popular way of marketing. It is popular compared to the traditional marketing method (newspaper, leaflet, posters, etc.). Not just in Malaysia but globally digital marketing is the most chosen method of marketing. In Malaysia, publicity and advertisement are very much popular. Advertisement is very much standardized and Malaysia has a high quality of the advertisement.

As for small-scale businesses, Malaysians have a specific idea to do digital marketing for their business.

Here are 7 tips for Malaysians to do digital marketing for small-scale business

Business website

It is important to check on the business website. Nowadays everyone starts too know and searches about a business on website. It is quite common to check on a business website before physically approaching to the company. Thus, especially these days it is important to update and generate a proper business website for the business. The business website needs to have the required pictures. It is also mainly necessary to have a proper limited content which explains clearly about the products and services provided by the company. It is general that a person gets impressed if you have good quality in your business website. Even nowadays a candidate chooses to work on a company based on the company’s website. Thus, for a business in this digitalized world a business first impression is based on the website.

SEO

Search Engine Optimization (SEO), it is something which gives a wider idea about your business. It is a platform to place the required contents of the business. This is a digital platform where it is not necessary to spend a lot of money. The main point of marketing is to significantly give information to the public about business. ), it is something which gives a wider idea about your business. It is a platform to place the required contents of the business. This is a digital platform where it is not necessary to spend a lot of money. The main point of marketing is to significantly give information to the public about business. So, SEO helps in passing information about the business quickly online. Thus, every online user and people using the browser will somehow know about the business. And those who are interested will know more core details about the business and their productivity.

Know your competition

In a business knowing your competition is important. Competition has to be chosen according to the field of business chosen. Knowing your competition mean’s showing your business is different compared to the other businesses executed. When you don’t find any difference in your business then you need to show your business differently. The differences of the competitors in the website itself. Google search is the most searched website in the world and through this search, you can understand the rankings of the business. Since they will be present in the 1st page of the search.

Google advertisement

Google is the most ranked search in the world. In order to reach audiences, Google Ads is the recommended platform to place digital advertisements to reach as many people as possible. Google Ads which is also known as Google Adwords is the website which brings pop up notifications in various other websites.

Permission marketing

Permission marketing is the most respectable form of digital marketing. Permission marketing is something where you request the customers to give them permission to send you notifications in various ways such as text messaging, e-mails and social media notification. There are customers who will accept and will not accept the notification. But asking permission gives immense respect to your business. The customers will have a good point of view in your business and they will keep visiting you. Due to this your business will increase and you will gain continuous profit in your business.

Social media

This digital platform has been continuously developing. Most of the viewers are through this medium since people spend most of their time in social media apps. Social media has been the most popular trend in the advertising business.

Visual content

Content is the most important part in marketing. Content marketing is a separate industry itself. The content shows various digital strategies which helps the people have a clear detailed understanding about the business. People these days focus on getting information immediately and thus having a visual content of your business will be useful. YouTube is the most watched and recommended video channel where you get most information. After Google, YouTube is a popular website watched and logged in by most users. Thus, having a visual content in your business website and creating a YouTube channel will be a good medium of marketing.

Conclusion

Malaysia is a good place to start a digital marketing business. The country provides various platforms for both foreigners and locals. Since they are open about anyone starting any type of business, it is not complicated to start a small-scale business in Malaysia. There are various Digital platforms that you can do for your business in Malaysia.

What is the Role of a Company Secretary in Malaysia?

The role of a company secretary has evolved over the years and is now most preferred in the capacity of an advisor to the company. The Board of Directors of a company is constantly dependent on the company secretary’s advice and guidance on legal issues regarding the company. So, in that case, a company secretary should familiarize himself with all the legislation and regulation that govern the company and he has to oblige to the following responsibilities:

 

 

Complying with Statutory Requirements

The company secretary is responsible for fulfilling all the statutory requirements by the Companies Commission of Malaysia under the Companies Act, 1965. He/she has to assist the company by being the official legal representative of the company. He/she has to update and communicate any changes in the company’s information to the Registrar of Companies.

Conducting and Handling Meetings

One of the most important roles of a company secretary is conducting and managing the Annual General Meeting (AGM) and other general meetings of the company.

Being Well-Versed in Securities Law and Regulations

A company secretary in Malaysia should be thorough with all the security laws and regulations which govern the company. He/she should see to it that the right procedure is followed and is in accordance with the Companies Act of 1965 and the Memorandum of Association.

A Sense of Continuing Professional Development

Every profession requires continued learning - to be updated with the emerging trends in that field, likewise, even a company secretary in Malaysia or any other part of the world should keep learning and updating one’s knowledge about new rules and regulations, new reforms, changes in the corporate world.

Conclusion

Any Malaysian resident or a foreigner who is looking for company registration in Malaysia has to avail secretarial service to register his or her business in Malaysia. As mentioned earlier, every company in Malaysia should have at least one company secretary who should be a resident of Malaysia, a natural person and is a licensed member of the Companies Commission of Malaysia.

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How to Start an Online Business to Increase Your Income Learn the Steps

Many individuals getting into the online business the digital world is now taking a different shape. And it’s evident that more people are embarking on how to start an online business. The online business does not require much capital and you can work from anywhere. We must know the basic requirements for online business. With that said, let’s dive into some of the simple guidelines on how to start an online business.

Learn to Understand Your Target Audience

How do you get to know your target audience? You can do so by getting into their heads studying their behaviour over time. How to start an online business your target audience is one key ingredient in succeeding when it comes on.

You must define your audience by demographics that are:-through age, location, lifestyle, marital status among others. You need to read what your audience read, watch what they watch and engage with them through an online conversation. Even if it means setting up an interview with one or two agents of your target audience to get to know their interests and problems, set it up.

By creating time to understand your customer’s values and attitudes, you not only develop a great product but also find the smartest tactics to promoting and marketing your business.

Study Your Competitor’s  Mistakes and Success Learn From Their

However small the online business may be, it attracts competitors from all levels whether it’s direct, indirect or substitute competitors. You should ask yourself some valuable questions on what you can offer than what already exists in the market. Observe your competition within your niche and try to pinpoint some of the weak points and opportunity openings.

How to Develop a Website for Your Online Business

Identified on your niche, it would be appropriate to get your website. Your website should stand out, and for that reason, there are basics features it should possess:

  1. Ensure that it’s faster, responsive, and protected
  2. Ensure that it’s modestly coded and SEO-optimized
  3. It should offer payment options in case your business requires them
  4. Ensure it has a professional look and is distinct
  5. It should be user-friendly.

On a particular occasion, you may decide to use the web as a platform to sell a product (cosmetics, clothing) or a service like graphic design or consultancy; you may gain more through using an existing platform. E-commerce platform offers you that edge over hiring a web designer to develop a website from scratch.

Legalize Your Online Business

This entails business registration, incorporation, formation, and planning for operations. Note that certain laws governing the dissemination of your customer’s personal information and matters of intellectual property guidelines. You need to look at the legal side of your business how to start an online business.

Majority of website contracts use the terms and conditions that set out the provisions for sale, payment information, ownership of products and refunds. The online compliance rules and tax obligation of the online business you’re operating. Decide on the structure of your online business whether it’s a company or a partnership. A well-worked policy tailored towards your business is essential, and each policy should be clear. You may opt to adopt one of the two ways of exhibiting your Terms of Use and Privacy Policy such as browse-wrap or clickwrap.

In Malaysia Businesses to Start demand Businesses to Start for Maximum Profitability

In Malaysia Businesses to Start demand Businesses to Start for Maximum Profitability

Malaysia is a prime business destination envied by thousands of investors keen on starting ventures abroad. In Asia the most stable political and economic systems. Its tax regime is also appealing to a myriad of investors who would love to tap into the region’s potential. The factors only make it ripe for business. Malaysia has incredible opportunities to start a variety of businesses in various places across the country. For anyone looking to success for the businesses to start in Kuala Lumpur or any of the resort cities.

In Malaysia, the entire pie is no longer available if you are thinking of starting a new business. To come up with a proposition that still has good potential. If you choose to join the mainstream industries. You will still have a duty to give your very best. You will be suffocated by the stiff competition that already exists in the business arena. Here is a brief look at some of the highly in-demand business you may consider if you have any plans of starting a business in Malaysia.

Cleaning Business

Cleaning is a necessity for everyone. The modern lifestyle, very few people get the time to clean their clothes regularly. In Malaysia, you should be aware that there are several cities with prime targets for this kind of business. Both the young and the old are always on the move’s such, they will appreciate generously anyone who can come in and help them with taking care of their clothes. In Malaysia, this is what makes cleaning services one of the most sought after services in the major cities. The capital needed to start a cleaning business is not high. The necessary skills to make clothes come out of the washers clean are also very minimal. The company location, you may not need lots of advertisement. If you can do a good job, word of mouth will be sufficient to make clients keep knocking on your doors.

 Consultant Services in Malaysia

Like Malaysia country, business-centric will always be a haven for consultants. This may be a broader term and could refer to many services, The qualification to advise other professionals, businesses and individuals on how to get the results they want, then you will always be in business. Malaysia is full of companies, services, and individuals who need help in the manner of consulting. It is up to you to know how best to position yourself and tap into this evergreen niche. There is a high demand for consultants in several areas.

Such as-:

  • Online retailing – this is a fast-growing sector in Malaysia, and nearly every business is rushing to have an online presence. They don’t know how to do it. If you have skills in this area, then you should consider Malaysia as your base for building a business.
  • Energy efficiency – the craze about energy in the world currently is about clean energy and energy efficiency. There are not so many energy efficiency experts in the country. And this is another area you could exploit to establish a very profitable business.
  • Social media consultant – businesses, companies, and corporations can no longer ignore the importance of social media as a tool for growth within the business set up. The problem is that this is a relatively new concept and marketing approach. Not so many people know about it, but they are in desperate need for it. If you are an expert in this field, then Malaysia is a fertile ground for you to start a business.
  • Other industries where consulting services are likely to thrive in Malaysia include-: education consulting, health insurance consulting and digital marketing consulting, among others.

Online E-commerce Business

In Malaysia, online shopping is quickly taking over the retail industry, especially in big cities. In Malaysia now would be an excellent time to consider it as among the top businesses to start. In the country will be at 74% by 2020 it is estimated that e-commerce penetration. This suggests that nearly three-quarters of the 5.5 million residents will be buying their stuff from the internet. In Malay cities is that it demands very low capital the beauty of starting a business. You can be up and running in no time with expert digital marketing services. All you have to ensure is that you offer quality products and services, and always on time when it comes to delivery.

Digital Marketing Services

Every company realizes the need to market their products online with the penetration of social media. In digital marketing need to online presence businesses. Public and government institutions are also interested in tapping into these new modalities of marketing. Most of their target audiences spend a lot of time online. The internet exists; there will always be demand for digital marketing services. In Malaysia, this is what makes it such a great idea worth considering when you want to start a business.

Education & Training Agency

In Malaysia is another fast-growing sector worth considering is Education & Training services. In Malaysia is a shortage of institutions to provide quality education with a growing need for niche-centric training. Most people around the world are spending their time. The main impact on their careers is they can spend that time and energy learning specific things. In Malaysia, it is a very high demand for those kinds of training that are on. Acquire such specialized training without travelling away from home to get the training.

Franchise Business

Malaysia has over the past few years emerged. The country has a strong presence of international franchises. In Malaysia still offering more opportunities for investors keen on setting shop. The higher purchasing power of the local population this wave can be attributed to a large number of ex-pats in the country. The success is nearly guaranteed if you can get into fashion, food and cleaning industries.

Professional Services

In Malaysia high demand in just like consulting services, professional services of all sorts. Companies, businesses, corporations, and individuals require the skills necessary to help them grow their businesses. In Malaysia Irrespective of the skills you may have, someone is always looking for you. To real business problems, you have to do is package yourself well and show that you can offer real solutions. The hot niches for these services include legal services, financial services, travel advisory, healthcare services, education, and training, amongst others.

Recruitment Agency

Malaysia is not just a hot destination for companies and corporations keen on taking advantage of the low tax rates. For the workers interested in working in such a flourishing environment. All the companies relocating to Malay cities will always need manpower for their operations. In Malaysia, If you are considering starting a business is what makes the idea of running a recruitment agency such an appealing one. The foreign workers are keen on learning how to get jobs in Malaysia and how they can settle. As a recruitment agency, you are one resource that they can’t do without.

Retail Business

Malaysia is a strong economic power in Southeast Asia. It has a strong presence of retail giants, as well as those that are just getting starting. Its position in the region makes it a hub for business to and from Southeast Asia. Is simply incredible the retail opportunity in the country. Whether you want to be biased toward importation, or you want to sell stuff from the region to the rest of the world, if you start a retail business with unique and fast-moving goods, then the sky will be the limit for your success. The capital requirement to start a decent retail store may be high, but the returns will be worth the high cost of starting.

Restaurant F & B Business

Another sector worth considering when you want businesses to start in Malaysia is the restaurant and food & beverage industry. It is an evergreen industry where you can be assured of getting excellent profits when you get it right. Kuala Lumpur cities like are a multi-cultural society with a great diversity of culinary influences. You may decide to start a completely new concept, or you can adopt any of the already working restaurant models and improve on it. If you specialize in preparing foods from a particular region, you can start a restaurant and build a brand around it. The composition of the Malay population is very diverse (especially around cities), and irrespective of the type of food joint you choose to start, people will always be willing to try out your dishes.

In Malaysia, there are a few of the currently lucrative business you should think about seriously if you are looking for businesses to start. In Malaysia, they have demonstrated to have the potential necessary for building a business that will thrive in the current environment. We strongly advise that you take your time to research and know all the legal requirements needed to start the business.

Malaysia SST Custom

 

  • The Sales and Service Tax Malaysia, also known as SST Malaysia administered by the Royal Malaysian Customs Department (RMCD) will come into effect. The SST system is replacing the previous Goods and Services Tax (GST) which was implemented at a 6% rate in Malaysia.
  • The SST system is set to be much simpler, according to the Royal Malaysian Customs Department (RMCD).The upcoming SST’s proposed model will essentially be the same as the old SST system which was in effect before it was briefly replaced by the GST, but with some additional changes in place. For one thing, SST filing is going to be done electronically, where the old system had to be done manually.
  • The SST is known as a single-stage tax system. This system the sales ad valorem tax will be charged upon goods which are manufactured and sold by those who are taxable in Malaysia.

The Key Features of SST Malaysia?

In Malaysia all business will be required to register for SST. The taxable goods or services value of the business is going to exceed RM500,000 within a period of 12-months.

The scope of taxable services in Malaysia will include the following:

  • Food and beverage preparation
  • Gaming
  • Clubs
  • Insurance and Takaful
  • Consultancy and management
  • Employment agencies
  • Parking and car hire services
  • Domestic flights
  • Telecommunications
  • Pay-TV services
  • Electricity
  • IT services
  • Credit cards
  • Advertising services

Non-taxable services include the following:

  • Export services
  • Import services

Manufacturing or import companies whose goods are not exempted under the upcoming SST system The sales tax for petroleum is going to be different from the other taxable goods.

All business who is in the midst of their final GST returns must file it within 120 days from the date which the Goods and Services Tax Act 2014.The repealed and ensure all input tax claims are included in the final returns. Business should immediately start preparing for the SST. By first determining if it fact your business operations are applicable for the SST.

Business that has already been previously registered with GST will be automatically registered if they fulfill the required criteria. Businesses which are not automatically registered will have to do so before 1 September 2018.

All SST returns must be submitted on a bi-monthly basis to the RMCD, and if you are a business entity that is registered with SST, you will be required to keep all relevant records of your SST submissions for at least 7-years. These records must be kept in either English or Bahasa Malaysia. Unless permitted by the Director General, all documents must be kept in Malaysia in either soft copy or hard copy.