The branch office can conduct business activities in Malaysia as the ones developed by the parent company, as the branch represents a sub-division of the foreign company. Our team of agents specialized in company formation in Malaysia can provide an in-depth presentation on the legal aspects of a branch and the minimum requirements necessary to set up this type of structure.
| Quick Facts | |
|---|---|
| Applicable legislation |
For foreign countries |
|
Best used for |
– banking, – insurance, – financial operations, – trading, – manufacturing |
|
Minimum share capital |
No |
| Time frame for the incorporation (approx.) |
Around 6 weeks |
| Management |
Local |
| Legal representative required |
Yes |
| Local bank account |
Yes |
| Independence from the parent company | Dependent on the parent company |
| Liability of the parent company | Full liability on the branch office’s debt and obligations |
| Corporate tax rate | 24% |
| Possibility of hiring local staff | Yes |
Table of Contents
What are the characteristics of a branch in Malaysia?
It is important to know that, when opening a company in Malaysia set up as a branch, the entity will be fully dependent on the parent company and will represent its interests in the Malaysian market. Due to the fact that the branch office is, from a legal point of view, an extension of the parent company, the management decisions of the branch office operating in Malaysia have to be approved by the parent company abroad.
The name confirmation of your branch in Malaysia can take around 30 days. Once the approvals are done, you are required to submit other documents too, comprising information about the residence of shareholders, nationality, full names, etc.
What are the documents for opening a Malaysian branch?
As a foreign company entering the Malaysian market through a branch office or another type of business entity, it will be necessary to provide a set of company documents that will be submitted to the local authorities, as a part of the registration process. As a general rule, a foreign company will need to provide the following:
- certified copy of the certificate of incorporation of the parent company that will be represented on the local market through a branch office;
- certified copies of the parent company’s main statutory documents –the company’s charter, memorandum, and articles of association;
- Form 79 – Return by Foreign Company Giving Particulars of Directors and Changes of Particulars;
- the power of attorney or similar documents that can attest to the fact that the parent company has authorized a person living in Malaysia to accept various documents on behalf of the foreign company.
You may also explore this infographic with some of the benefits of branches in Malaysia:
In case you are interested in starting a branch office in another Asian country, such as India, we can put you in contact with our partners who can also help you open a new company in India.
Name requirements for a branch in Malaysia
A branch office in Malaysia must have the same name as the parent company. Even so, the name proposal must reach the SSM, where the company will be registered. We remind you that this formality also comes to the attention of our specialists who deal with setting up a branch office in Malaysia. We advise you to contact us to simplify the process of registering a branch office in Malaysia.
If you want to set up a business in Malaysia, we recommend the services offered by our local agents. They can take care of the formalities related to the documents and their preparation, as well as the collaboration with the relevant authorities. You can also ask for a registered address or redomiciliation, as such matters would permit in Malaysia.
Opening a corporate bank account for a branch in Malaysia
As for any other structure in Malaysia, for the branch in Malaysia, it is necessary to open a corporate bank account. Our local agents in Malaysia can take care of the required formalities, and among them, we mention:
- Company’s Articles of Association and Memorandum of Association.
- The list of the directors of the branch, plus the authorized signatory.
- The registered office address of the branch in Malaysia.
- The board of directors’ resolution to open a bank account.
- Certificate of Incorporation of the branch office in Malaysia.
- Filling in the forms provided by the bank you want to work with.
Considering the above and other formalities, you can open a corporate bank account in Malaysia. Setting up a branch office in Malaysia can be done with the help of our local specialists, so talk to us when you decide on such a structure. More details on the characteristics of a branch in Malaysia are available in the presentation below:
Approximate fees for registering a branch in Malaysia in 2025
Although the branch is not liable to taxation in Malaysia, the company will still have to be registered with the Companies Commission Malaysia (SSM), prior to starting its business activities there. As a general rule, the branch must undertake business activities that are carried out by the parent company. Here are other important aspects:
- When registering a branch office, one must pay specific fees to the Companies Commission of Malaysia (SSM). In 2025, the registration of a trading name of branch offices costs around RM 60 per year, and an additional RM 5 for each branch office opened here.
- All companies operating in this country are legally required to inform the SSM of any updates they may bring to the data that has already been registered when the company was incorporated.
- If an update appears, such as the modification of the shareholding structure, naming other directors, changing the company’s office, and so on, the investors must inform the SSM, which will update the company data.
- The standard fee for 2025 is around RM20 and for branches, an additional fee of RM5 will apply for each branch unit.
Tax obligations for a Malaysian branch
The Malaysian branch office is imposed with a different tax system compared to businesses registered here. However, through this type of entity, the investors will still be liable for a set of taxes. It is important to know that this business structure is liable for the payment of the withholding tax, imposed at a rate of 10%. The branch office will also be charged with the corporate tax, but only for the income obtained through its activity on the Malaysian territory.
Does the branch need to file annual returns in Malaysia?
Yes, branches operating here are legally required to provide standard accounting documents. One of the documents that need to be filed in this case is the annual return, a type of document that provides information concerning the company – on matters such as its registered office in Malaysia, types of business activities developed here, the company’s capital, or the company’s representatives.
This accounting document has to be filed as prescribed by the new Companies Act 2016, which stipulates that the company needs to submit the annual return in a period of a maximum of 30 days after its incorporation anniversary. It is necessary to know that, if this requirement is not met in the prescribed period of time, the company’s representatives can face penalties.
Differences between subsidiaries and branches in Malaysia
You can balance the differences between branches and subsidiaries in Malaysia, and get an idea of both structures before making a decision. If the branch is considered an extension of the mother company, having the same activities, the subsidiary in Malaysia benefits from more independence and can develop other operations apart from the standard ones.
Regarding taxation, both branches and subsidiaries must align with payment obligations in Malaysia as well as tax filing. It can be said that branches and subsidiaries are subject to the same corporate tax, set at a 24% rate. Setting up a branch office in Malaysia is not complicated, the same is the case with subsidiaries. But for more information, we invite you to contact us.
Are there any restrictions when hiring employees in Malaysia?
When developing a business activity through a branch office in Malaysia, the company will also need to hire employees. In the case of this business structure, it is necessary to know that there are no restrictions on this matter, and thus, the company will be able to hire both foreign and local workforce; our team of specialists in company formation in Malaysia can provide in-depth legal assistance on the legislation addressed to employment matters and may also advise on the types of employment contracts that can be concluded in this country.
Business updates in Malaysia in 2025
If you are planning to expand your business in Malaysia in 2025, you need to know some of the current trends. If a branch is the right option for you, then the following information may be of interest to you when you want to establish such a business structure:
- Malaysia has opened the doors of the National AI Office (NAIO), one of the most important measures adopted in this part of Asia where digital transformation is being implemented.
- AI-driven solutions are expected to improve efficiency and reduce company costs in 2025 and the following years in Malaysia.
- Given that sustainability dominates global and regional markets, Malaysia is aligning with current trends in business and aims to achieve 0 carbon emissions by the end of 2050.
- Malaysia’s economic growth is expected to be largely supported by digital commerce in 2025, due to internet penetration and increasing smartphone usage.
Looking for accountants in Malaysia? You can collaborate with our company to choose the necessary services. Payroll, bookkeeping, audits, annual financial statements, debt monitoring, tax registration, and tax minimization options are some of the services we can offer you. Persons interested in receiving further information on the requirements for setting up a branch can contact our experts in company incorporation in Malaysia. Our representatives can assist in all the procedures applicable when registering a branch office in Malaysia.