(1) A person who desire to from a company shall apply for incorporation to the Registrar.
(2) A company shall not be formed for any unlawful purpose.
(3) The application for incorporation under this section shall include a statement by every person who desires to form a company containing the following particulars:
(a) The name of the proposed company
(b) The status of whether the company is private or public
(c) The nature of business of the proposed company
(d) The proposed address of the registered office of the proposed company
(e) The name identification, nationality and the ordinary place of residence of every person who is to be a member of the company and where any of these persons is a body corporate, the corporate name, place of incorporation, registration number and the registered office of the body corporate.
(f) The name, identification, nationality and the principal place of residence of every person who is to be a director.
(g) The name, identification, nationality and the principal place of residence of every person who is to be director.
(h) In the case of a company limited by shares the details of class and number of shares to be taken by a member.
(i) In the case of a company limited by guarantee the amount up to which the member undertakes to contribute to the assets of the company in the event of its being wound up and
(j) Any other information as the Registrar may require.
(4) The application for incorporation shall be accompanied by a statement from each promoter or director confirming-
(a) His consent to act as a promoter or to his appointment as a director as the case may be , and
(b) That he is not disqualified under this Act to act as a promoter or a director as the case may be.
If the Registrar is satisfied that the requirements of this Act as to the application for incorporation are complied with and upon payment of the prescribed fee, the Registrar shall-
(a) Enter the particulars of the company in the register,
(b) Assign a registration number to the company as its company registration number and.
(c) Issue a notice of registration in the form and manner as the Registrar may determine.
(1) Without prejudice to the powers of the Registrar under section 15, the Registrar shall not register an aplication unless he is satisfied that all the requirements of this Act in respect of the registration and any matter relating to the registration has been complied with.
(2) The Registrar shall refuse to register the application of a proposed company where he is satisfied that the proposed company is likely to be used for an unlawful purpose or for purposes prejudicial to public order, morality or security of Malaysia.
Upon an application by a company and on payment of a prescribed fee, the Registrar may issue to the company a certificate of incorporation in the form and manner as the Registrar may determine.
(1) Upon the date of incorporation specified in the notice of registration issue under section 15, there shall be a company by the name and registration number as stated in the principal register kept by the Registrar for this purpose.
(2) Every person whose name is stated as a member in the application for incorporation and on the incorporation of the company shall be entered member in the register of members, together with such there persons who my become members of the company from time to time , are a body corporate by the name stated in the notice of registration.
(3) In the case of company having a share capital, every person whose name is stated in the application for incorporation becomes the shareholder as specified in the application.
(4) The details of the registered office of the company are ass stated in, or in connection with, the application for registration.
(5) The person named in the statement as a director or a secretary if any shall be deemed to have been appointed to that office.
The notice of registration is conclusive evidence that the requirements of this Act in respect of registration and matters precedent and incidental to such registration have been complied with and that the company is duly registered under this Act.
(1) A company shall be capable of exercising all the functions of a body corporate and have the full capacity to carry on or undertake any business or activity including-
(a) To sue and be sued.
(b) To acquire, own, hold, develop or dispose of any property and
(c) To do any act which it may do or to enter into transactions
(2) A company shall have the full rights, powers and privileges for the purposes mentioned n subsection (1)