Frequently Asked Question
How to withdraw an application after striking off a company?
If you want to withdraw your application after striking off a company, you’ll need to comply with section 304 of the Malaysian Company Law 2016. This section dictates that any shareholder or liquidator may apply to have a company restored to the register if the company was struck off in error, or if it’s in the interests of justice to do so.
To make an application for restoration, you must first submit a notice of intention to the Registrar of Companies along with supporting documents indicating why the company should be restored. The Registrar will then advertise the application in the Gazette, and if no objections are received, will restore the company to the Register.
How long does it take to withdraw a company after striking off?
Under Malaysian company law, the process of withdrawal typically takes around eight weeks. This involves the company advertising its intention to strike off in the local newspapers, as well as sending notices to all known creditors. Once these steps have been completed, the company can then be officially struck off the Register of Companies.
While the entire process usually takes around two months, it is important to note that this may vary depending on individual circumstances. For example, if there are any objections raised during the strike-off procedure, this can extend the timeline significantly. In some cases, it may even take years to fully withdraw a company.
Within how long a company can be withdrawn after striking off?
Malaysian Company Law, 2016 states that a company can be withdrawn within six months after it has been struck off. The company must notify the Registrar of Companies within this timeframe and provide the reasons for its withdrawal.