Types and Functions of your statutory forms
If you are a company owner, you are required to provide statutory documents. However, after the year 2016, statutory documents names have been updated according to the Companies Act 2016. The followings are some statutory documents that are important for business owners.
1. Section 14 Application for registration / Superform (previously named Form 24, Form 44 & Form 49)
- Type of company and company name
- Company registration number (old and new)
- Date of incorporation
- Description of business and MSIC Business Code
- Information of Company - Business address, Office number, Email address
- Particulars of Director -Director name, Identification number, Nationality, Address, Date of birth, Email address
- Particulars of Shareholder- Shareholder name, Identification number, Nationality, Address, Date of birth, Email address, Number of shares, Class of shares
It should also be noted that to update your company’s information after the statutory document has been issued, you will have to provide additional supporting documents as this document will only be issued once.
2. Section 15 Notice of registration
Notice of registration is the official notice from SSM (Suruhanjaya Syarikat Malaysia) after your company has successfully incorporated.
Once your company incorporation application is approved, SSM will release a notice through email to the applicant that submitted incorporation application.
3. Section 17 Certificate of Incorporation (previously named Form 9)
As proof of incorporation, many organisations such as financial service providers and banks still require this type of document. Moreover, since this certificate of incorporation is not issued automatically, it can be purchased via SSM website.
It contains of basic information of your company like company name, company registration number, incorporation date and certificate issued date etc.
4. Section 201 Declaration by person before appointment as director (previously named Form 48A)
Before the applicant submits their company incorporation application, this form will be signed individually by all directors and shareholders.
5. Section 58 & 236 (2) Notification of Appointment of First Company Secretary ((previously included in Form 49)
This document is to certify the appointment of the first company secretary. With the appointment of the First Company Secretary within 30 days of the company incorporation, only then this document will be submitted.
6. Section 32 Lodgement of Constitution (previously named Memorandum and Articles of Association (M&A)
This document is to ensure that your company, shareholder, and director’s power are documented, and it is still a requirement for some organisations.
Despite the adoption of a constitution is not mandatory, it is advised to adopt one under some situations to ensure that your company have the flexibility in making decision and governance.
7. Section 51 Notification of Change in the register of Members (previously included as part of Form 24)
In accordance with its name, this document is to show the changes to the shareholding of the company. The company secretary will submit this document whenever there are any changes in shareholders and this document should be handed together with the Superform once changes are made in the company.
In contrast, if there are no changes to the shareholding of the company, this document will not be needed.
8. Section 58 Notification of Change in the Register of Director, Managers and Secretaries (previously named Form 49)
This document acts as a record to any changes in managers, directors of company secretaries of the company and it needs to be submitted to the SSM. It should also be handed alongside with the Superform even though it is not requested.
9. Section 105 Instrument of Transfer of Shares (previously named Form 32A)
This document contains all the information on the number of shares, price of shares and other details and it is an agreement between the transferor and transferee when a transfer of shares is done.
This agreement will also be stamped at the LHDN once signed by the parties involved. After the transfer of shares is completed, the company secretary will submit the Notification of Change in the Register of Members (S51) to update on the company’s shareholding information
Important Tips: What are the documents needed for bank account opening
- Certified True Copy (CTC) by company secretary on SSM Form - Sec 14, Sec 15, Sec 17, Sec 58 & 269(2)
- Certified True Copy (CTC) resolution on bank account opening signed by the directors
The table below is the summary of the name changes of the statutory form.
- Superform / Application for registration
- Notice of registration
- Certificate of incorporation
- Declaration by the Directors
- Notification of Appointment of First Company Secretary
- Lodgement of Constitution
- Change in the Register of Members
- Return for Allotment of Shares
- Notification of change in the Register of Directors, Managers and Secretaries
- Instrument of Transfer of Shares
- Details of Form 24,44,49
- Form 9
- Form 48A
- Details of Form 49
- Details of Form 24
- Form 24
- Form 49
- Form 32A
- S58 & 236(2)
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