Person eligible to apply for striking-off for a Private Company

The application must be made by either the liquidator, director or the shareholder of the company.

More information :

1. Guidelines on Application by Directors or Members to Strike Off the Name of a Company Under Section 550 of the Companies Act 2016
2. Guidelines on Application by Liquidator to Strike Off the Name of a Company Under Section 550 of the Companies Act 2016 Which is Being Wound Up

Application requirements for striking-off from subsidiary companies owned by a Private Company

Subsidiary companies may submit applications for striking-off upon fulfilling the following requirements:

1. In case of a wholly-owned subsidiary, a letter of consent from the holding company is required to be attached with the application. This letter of consent must be signed by the director of the holding company. In addition, the letter of consent must also be printed on the holding company's letterhead.


2. In case where the company is co-owned by other shareholders, letters of consent from all shareholders are required to be attached to the application. The letters of consent must be signed, dated and bear the signature of the shareholders. Where any of the shareholders is a company, the letter of consent must be printed on the company's letterhead.


3. The holding and subsidiary company must declare that it is not subject to or involved in any investigation or prosecution by any authority to the best knowledge of the director/shareholder signing the application for striking-off or the director/shareholder signing the consent letter.

More information :

1. Section 549 to Section 550 Companies Act 2016
2. Guidelines on Application by Directors or Members to Strike Off the Name of a Company Under Section 550 of the Companies Act 2016
3. Form - Section 550 Application to Strike Off Company
4. Checklist for Enclosures

Differences between winding up and striking off for a Private Company

Maklumat lanjut :

1. Dissolution of co​​​mpany - Winding Up
2. Dissolution of co​​​mpany - Striking Off

Commencement date of voluntary winding up for a Private Company

Pursuant to Section 441 Companies Act 2016, a voluntary winding-up shall commence:

1. Where an interim liquidator has been appointed before the resolution for voluntary winding up is passed, at the time when the declaration referred to in section 440 is lodged with the Registrar; and
2. In any other case, at the time of the passing of the resolution for voluntary winding up.

More information :

1. Section 439 Companies Act 2016
2. Section 440 - Section 441 Companies Act 2016
3. Form - Section 439(2)(a)​ Notice of Resolution (Creditors’ Winding up) ​
4. Form - Section 439(2)(a)​ Notice of Resolution (Members’ Winding up)​
5. Form - Section 440(1) Statutory Declaration of Inability of Company to Continue Business and that Meeting of the Company and its Creditors have been Summoned

Primary function of a liquidator in voluntary winding up for a Private Company

The primary function of a liquidator is to wind-up the company by collecting and realizing all the assets of the company, settle all creditors' claims and distributes the surplus assets (if any) to the shareholders in accordance with their respective entitlements. It is the duty of the liquidator to ensure that at the end of the process, the company is dissolved completely.

Once a winding up commences, directors of the company cease to have any power to manage the affairs of the company and all matters are taken over by the liquidator immediately upon the commencement of the winding up.

More information :

1. Section 456 Companies Act 2016
2. Eleventh Schedule Section 456

Dissolution period of voluntary winding up for a Private Company

Section 459(5) Companies Act 2016 provides that, a company shall be dissolved on the expiration of 3 months after lodgement of Section 459(3) Return by Liquidator Relating to Final Meeting with the Registrar and the Official Receiver.

More information : Section 459 Companies Act 2016

Circumstances of winding up by court for a Private Company

Section 465 Companies Act 2016 sets out the circumstances in which a company may be wound-up by the Court.

Examples of circumstances of winding up by court:

1. The company has by special resolution resolved that the company is to be wound up by the court.
2. The company defaults in lodging the statutory declaration under subsection 190(3) Companies Act 2016.
3. The company does not commence business within a year from its incorporation or suspends its business for a whole year.
4. The company has no member.
5. The company is unable to pay its debts.

More information : Section 465 Companies Act 2016

Appointment of liquidator in winding up by court for a Private Company

Only an approved liquidator or the Official Receiver may be appointed as a liquidator for a court winding up.

More information : Section 477 Companies Act 2016

Preparation of Financial Statement for a Private Company

As per Section 248(1) of the Companies Act 2016:

1. First Financial Statement - within eighteen months from the date of its incorporation.
2. Subsequent Financial Statement - within six months of its financial year end.

The preparation of Financial Statement is the responsibility of directors of company.

More information :

1. Section 248 Companies Act 2016.
2. FAQ Annual Returns and Financial Reporting.

Duty to circulate copies of approved Financial Statements for a Private Company

Financial Statements shall be approved by the Board and accompanied with statutory declaration by a director.

As per Section 257(1) Companies Act 2016, every company need to send a copy of approved Financial Statements for each financial year to:

More information:

1. Section 251 Companies Act 2016.
2. Section 257 Companies Act 2016.

Time period for circulation of Financial Statements for a Private Company

The Financial Statements of a a Private Company shall be circulated within 6 months of its financial year end.

More information: Section 258 Companies Act 2016.

Time period for lodgement of Financial Statements for a Private Company

According to Section 259(1) Companies Act 2016, a Private Company shall lodge its Financial Statements within 30 days from Financial Statements circulated to its members under Section 258 Companies Act 2016.

More information: Section 259 Companies Act 2016.

Lodgement period of Section 567(1) regarding change or alteration of director's information for a Foreign Company

Applicant should lodge Section 567(1) - Particulars of Change or Alteration Relating to Foreign Company within 14 days from the date of change or alteration of director's information for a Foreign Company at SSM counter.

More information : Section 567 Companies Act 2016

Registration of charges for a Foreign Company

1. If a company created a charge under Section 352 Companies Act 2016, the company need to lodge Statement Of Particulars To Be Lodged With Charge within 30 days from the date of the charge created.


2. If a company acquired a property which is subject to a charge under Section 356 Companies Act 2016, the company need to lodge Statement Of Particulars To Be Lodged With Charge within 30 days from the date of the acquisition.

Fee : RM500.00

More information :

1. Section 352 Companies Act 2016
2. Section 356 Companies Act 2016
3. Form - Sections 352(1), 354 & 356(1) Statement of Particulars to be Lodged with Charge
4. Guidelines for Registration of Charges

Effects of late registration of charge(s) for a Foreign Company

1. If charge documents are lodged after the prescribed time period, the company needs to apply for an extension of time via a Court Order pursuant to Section 361 Companies Act 2016 to authorise the Registrar to register the said charges.
2. Once the order has been obtained the company shall lodge the Statement of Particulars to be Lodged with Charge together with the Court Order for registration.

Fee :

1. Court Order : RM100.00
2. Statement of Particulars to be Lodged with Charge : RM500.00

More information :

1. Section 361 Companies Act 2016
2. Guidelines for Application to Extend Time for Registration of Charge, Rectification and/or Amendment of Information of ​Charge (including Cancellation of Charge) under Section 361 of the Companies Act 2016
3. Form- Sections 352(1), 354 & 356(1) Statement of Particulars to be Lodged with Charge