Guidelines To Strike Off A Company

1.1 Requirements for an application (Paragraph 1) :

 Shareholder pass resolution that the company is not carrying on business or not in operation
(resolution must submit together with the application reflex the consent of majority
shareholders)

 If majority shareholder cannot be obtained due to untraceable, application can still be

submitted to SSM and provide the proof that attempts have been made to trace the
shareholders.

 - The applicant must submit documentary evidence to show the company no asset and
liabilities when application is made.

-If the company have not commenced operation, applicant must make declaration:

(I) No transaction since incorporated

(II)Not opened a bank account or bank accounts have been closed (latest bank statement
has to be attached).

 Company has no outstanding charges in the Register of Charges.

 If company has commenced operation, it must settle all outstanding tax and obtain a tax
clearance prior to the application.

 All the information of the company (such as Directors) must up to date with the Registrar
before application.

 Company not involved in any legal proceeding within or outside Malaysia which is not
settled.

 Company has not made any return of capital to the shareholders (if the company still have
capital must proceed with the voluntary winding up process)

 Company is not a holding company and not a ‘Guarantor Corporation’.

1.2 Application by Subsidiary Companies.

 Fulfill all the requirement on Paragraph 1.

 -wholly owned subsidiary must attached the letter of consent from holding company
when application. (signed by director of holding company and print with holding
company’s letterhead)
-Not wholly owned subsidiary must have letter of consent from all shareholders
 Holding and subsidiary companies must declare that not subject or involved in any
investigation or prosecution.
1.3 Application By Company Limited By Guarantee

 Company must fulfill the requirement in Paragraph 1

 Attach with the latest audited financial statement.

2.1 Application procedure

 Complete the Declaration- Application to Strike Off Company in Schedule B of the

Practice Directive 1/2017 (Appendix 1)

 Ensure all the requirement in Checklist (Appendix 2) are compiled before submitting
application. (the Checklist must be ticked, and all the necessary supporting documents
are enclosed).

 Completed application shall be submitted to the Registrar together with application fee
of RM100.

3. Withdrawal of application for striking off

 May withdraw within 30 days by lodging a Notice of Withdrawal of Striking Off

Application as per Schedule B of the Practice Directive 1/2017 (Appendix 3)

 Submit to the Registrar indicating the reasons of withdrawal, together with

necessary documents, with a prescribed fee of RM500.

4. Objection to striking off application

 Any person may lodge with the Registrar a Notice of Intention to object striking off
application, within 30 days with a prescribed fee of RM300.

 Attach with necessary supporting documents as follows:

 the company is still carrying on business

 the company is a party to legal proceedings
 the company is in receivership or liquidation, or both
 the person is a creditor or has an undischarged claim against the company
 the person believes that there exists, and intends to pursue, a right of action
on behalf of the company under Division 6 of Part III
 or any other reason it would not be just and equitable to remove the company
  If the Registrar received any objection, they will not proceed with the application to
strike off a company unless:

 the objection is frivolous and vexatious, or the facts on which the objection is
based are not correct, or it has been withdrawn

5. Gazette Notification

 The striking off exercise is effected through the issuance of notice to the relevant parties and
the publication of notification and gazette.

6. Responsibility to retain registers and records of the company after striking off

 Directors shall retain all registers, books, statutory records, accounting records and
documents for 7 years after the company has been struck-off

 Documents shall be made available for inspection upon request by the Registrar.