Frequently Asked Question
When does a company have to submit an annual return?
Annual returns for a company must be submitted within one month after the anniversary of the date of its incorporation. For example, if a company was incorporated on 5 June 2016, it should submit its annual return by 5 July 2017.
What is the penalty if the annual return is not submitted on time?
Under Section 159 of the Malaysian Company Law 2016, a director who knowingly fails to submit an annual return is guilty of an offence and liable on conviction to a fine of up to RM50,000. In addition, the company may be fined up to RM50,000 for default.
What information is included in the annual return?
According to Malaysian company law, an annual return must include the following information:
- The name and registration number of the company
- The date of incorporation
- The address of the registered office
- The names, addresses, and nationalities of the directors
- The names, addresses, and nationalities of the shareholders
- The amount of issued and paid up share capital
- A list of securities held by the company
In addition to this general information, the annual return must also provide updated information on any changes that have occurred in the past year, such as new directors or shareholders.
Can a director of a company submit the annual return?
No, the director of a company cannot submit an annual return. Under Malaysian company law, the annual return must be submitted by the company secretary.
What are the steps to submit an annual return to CCM?
Annual Returns are filed yearly with the Companies Commission of Malaysia (CCM) to update the Registrar of Companies on a company’s particulars. The following is a step-by-step guide on how to file annual returns in Malaysia:
- Check your filing deadline: All private companies incorporated in Malaysia are required to file their annual returns within 30 days from the anniversary date of their incorporation. For example, if a company was incorporated on 15 March 2020, its first annual return must be filed no later than 26 April 2021.
- Prepare the necessary documents: In order to file your annual return, you will need to prepare several documents. These include:
- The cover page of the annual return form
- The completed and signed annual return form
- A copy of the company’s latest audited financial statements
- Submit the annual return to CCM. Once you have gathered all of the necessary documents, you can submit your annual return to CCM either in person or online.