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Certificate Of Incorporation Of A Public Limited Company

Certificate Of Incorporation Of A Public Limited Company Template for Malaysia

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Certificate Of Incorporation Of A Public Limited Company

"I need a Certificate of Incorporation of a Public Limited Company for a technology startup with an authorized capital of RM10 million, planning for IPO by March 2025, with operations in both Malaysia and Singapore."

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Document background
The Certificate of Incorporation of a Public Limited Company is a mandatory legal document required under Malaysian law when establishing a public company. It is issued by the Companies Commission of Malaysia (SSM) upon successful registration and compliance with the Companies Act 2016 requirements. This certificate serves as the primary evidence of the company's legal existence and public status, containing crucial information about the company's identity, structure, and governance. It's required for various corporate activities, including opening bank accounts, entering into contracts, and potential listing on the stock exchange. The document must be maintained and updated as per regulatory requirements, with any material changes requiring notification to SSM. Public companies must display this certificate at their registered office and provide copies when legally required for business transactions or regulatory compliance.
Suggested Sections

1. Certificate Number and Date: Unique registration number assigned by SSM and date of incorporation

2. Company Name: Full registered name of the company including 'Berhad' or 'Bhd'

3. Company Type: Specification that this is a public company limited by shares

4. Registered Office: Official registered address of the company

5. Share Capital Structure: Details of authorized and issued share capital, including classes of shares

6. Director Information: Names, identification numbers, and addresses of initial directors

7. Secretary Information: Details of the company secretary as required by law

8. Member Information: Details of initial members/shareholders

9. Declaration of Compliance: Statement confirming compliance with Companies Act 2016 requirements

10. Official Signatures: Signatures of the Registrar of Companies and official seal

Optional Sections

1. Business Objects: Specific objects of the company if restricted - optional as companies may now have unlimited objects under Companies Act 2016

2. Foreign Branch Details: Include if the company has registered foreign branches at incorporation

3. Special Conditions: Any special conditions imposed by SSM on the company's incorporation

4. Language Translation: Certified translation if company name includes other languages besides Bahasa Malaysia or English

Suggested Schedules

1. Schedule A - Constitution: Company's constitution including regulations for company management

2. Schedule B - Share Capital Details: Detailed breakdown of share classes, rights, and initial allocation

3. Schedule C - Director Consent Forms: Signed consent forms from all initial directors

4. Schedule D - Statutory Declarations: Declarations by directors and secretary regarding compliance

5. Schedule E - Company Name Approval: Documentation of name approval from SSM

6. Appendix 1 - Identity Documents: Certified copies of identity documents for directors and secretary

7. Appendix 2 - Compliance Documents: Additional compliance documents required by SSM

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

Healthcare

Energy

Telecommunications

Consumer Goods

Industrial

Transportation

Agriculture

Mining

Construction

Retail

Education

Professional Services

Relevant Teams

Legal

Corporate Secretarial

Compliance

Corporate Governance

Administrative

Executive

Board of Directors

Finance

Regulatory Affairs

Risk Management

Relevant Roles

Chief Executive Officer

Company Secretary

Corporate Lawyer

Legal Counsel

Compliance Officer

Board Director

Chief Financial Officer

Corporate Governance Officer

Risk Manager

Administrative Director

Regulatory Affairs Manager

Company Registrar

Corporate Services Manager

Legal Administrator

Board Secretary

Industries
Companies Act 2016: The primary legislation governing company formation, incorporation, and regulation in Malaysia. It provides the fundamental requirements for incorporating a public company, including registration procedures, company constitution, and compliance obligations.
Companies Commission of Malaysia Act 2001: Establishes the Companies Commission of Malaysia (SSM) as the regulatory body overseeing company incorporation and providing guidelines for company registration and compliance.
Capital Markets and Services Act 2007: Relevant for public companies, especially those planning to list on the stock exchange. Provides framework for securities regulation and corporate governance requirements.
Malaysian Code on Corporate Governance: Sets out the principles and best practices for corporate governance that public companies must adhere to, including board composition and accountability measures.
Guidelines on Company Names 2019: Specific guidelines issued by SSM regarding the selection and registration of company names, including restrictions and requirements.
Companies (Practising Certificate for Secretaries) Regulations 2019: Regulations regarding company secretary requirements, which is mandatory for public companies.
Malaysian Anti-Corruption Commission Act 2009: Relevant for corporate governance and compliance requirements in public companies, particularly regarding anti-corruption measures and internal controls.
Income Tax Act 1967: Tax regulations affecting company incorporation and subsequent operations, including registration for tax purposes and compliance requirements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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