Striking-Off Application (Malaysia)
VOLUNTARY STRIKING-OFF APPLICATION
Section 549, Companies Act 2016 (Act 777) | SSM Form SB01
Companies Commission of Malaysia (SSM)
Company: [Company Name]
SSM Registration Number: [Registration Number]
Date of Incorporation: [Incorporation Date]
Date Business Ceased: [Cessation Date]
1. ELIGIBILITY CONFIRMATION
We, the directors of [Company Name] (Registration No. [Registration Number]), hereby confirm that as at the date of this application, the company satisfies all conditions for voluntary striking off under Section 549 of the Companies Act 2016:
No outstanding liabilities (creditors, LHDN, EPF, SOCSO, JKDM): [No Liabilities]
No assets (including bank accounts): [No Assets]
No pending legal proceedings: [No Legal Proceedings]
All members have consented: [All Members Consent]
LHDN tax clearance status: [LHDN Clearance]
2. MEMBERS' CONSENT
The following members of [Company Name], constituting all members of the company, have consented to the voluntary striking off of the company on [Resolution Date]:
[Members List]
3. DIRECTOR'S DECLARATION
I, [Signing Director], being a director of [Company Name] (Registration No. [Registration Number]), hereby declare that:
(a) The company is not carrying on business and is not in operation.
(b) The company has no outstanding liabilities and all known creditors have been paid in full.
(c) The company has no assets including bank accounts, real property, or intellectual property registrations.
(d) The company is not a party to any pending legal proceedings.
(e) All members have consented to the striking off as evidenced above.
This declaration is made pursuant to Section 549 of the Companies Act 2016 (Act 777) and is submitted in support of SSM Form SB01 lodged via MyCoID on [Application Date] by the company secretary, [Company Secretary].
Signature: _________________________ Date: _________________________
Name: [Signing Director]
STRIKING-OFF PROCESS AND TIMELINE
4. SSM reviews Form SB01 application: 2–4 weeks
5. SSM publishes gazette notice: commencement of 6-month objection period
6. Objection period: 6 months from gazette date
7. If no valid objections: SSM publishes dissolution notice in gazette
8. Company dissolved: effective from date of SSM dissolution notice
Note: Any remaining assets at dissolution vest in the Minister of Finance as bona vacantia under Section 567 of the Companies Act 2016. Restoration within 2 years requires a High Court order under Section 563.
Director
________________
Signature
What Is a Striking-Off Application (Malaysia)?
A Striking-Off Application in Malaysia is the formal process by which a company voluntarily applies to the Companies Commission of Malaysia (SSM) to have its name removed from the companies register under Section 549 of the Companies Act 2016 (Act 777), resulting in the dissolution of the company without the need for a full winding-up process. The striking-off procedure is the most cost-effective and expedient method of closing a dormant or inactive company in Malaysia.
Section 549 of the Companies Act 2016 permits a company to apply for striking off if the company is not carrying on business or is not in operation. SSM may also initiate the striking-off process on its own motion under Section 551 against companies that have failed to commence operations within one year of incorporation, have ceased business for two or more years, or have failed to make annual returns to SSM. The application form for voluntary striking off is SSM Form SB01, which is submitted via the MyCoID online portal.
To be eligible for voluntary striking off under Section 549, the company must satisfy the following conditions: the company has no outstanding liabilities, including to creditors, employees, the Inland Revenue Board of Malaysia (LHDN), the Royal Malaysian Customs Department (JKDM), the Employees Provident Fund (EPF), SOCSO, and any other government bodies; the company does not own any assets, including bank accounts with positive balances, land, or intellectual property registrations; the company is not a party to any pending legal proceedings; and all members consent to the striking off.
Once SSM receives the Form SB01 application, it publishes a notice in the gazette and on the SSM website for a period of six months during which creditors, members, officers, and other interested parties may lodge objections to the striking off. If no valid objections are received within six months, SSM strikes off the company's name from the register and publishes a notice of dissolution in the gazette. The company is then dissolved. If creditors have valid claims, they should be settled before the application is lodged.
Following dissolution, the company's assets (if any) vest in the Minister of Finance as bona vacantia under Section 567 of the Companies Act 2016. Within two years of striking off, a member, creditor, or the company itself (if it was struck off wrongfully) may apply to the court to restore the company to the register under Section 563 of the Companies Act 2016. Voluntary restoration requires a court order from the Malaysian High Court.
The legal framework governing the Striking-Off Application (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Striking-Off Application (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Companies Act 2016 (Act 777) sets the foundational requirements.
When Do You Need a Striking-Off Application (Malaysia)?
A Striking-Off Application under Section 549 of the Companies Act 2016 is needed whenever the directors and members of a dormant or inactive Malaysia company wish to formally close the company without incurring the cost and complexity of a full winding-up under Sections 439 to 548 of the Companies Act 2016.
A Striking-Off Application is required when a company was incorporated for a specific project or purpose that has been completed and the company is no longer needed, and all debts have been settled and the company has no remaining assets.
A Striking-Off Application is needed when a company has ceased trading for two or more years and the directors wish to avoid ongoing annual return fees, audit obligations, and SSM compliance costs for a company that serves no further business purpose.
A Striking-Off Application is required when a foreign-owned subsidiary or joint venture company in Malaysia has been wound down commercially and the foreign parent wishes to formally close the Malaysian entity to avoid ongoing administrative obligations with SSM and LHDN.
A Striking-Off Application is needed when a dormant company incorporated as a special purpose vehicle (SPV) for a property development, investment, or financing transaction has fulfilled its purpose and the SPV is no longer needed by its shareholders.
A Striking-Off Application is required when SSM has already sent a notice of intended striking off under Section 551 to a dormant company, and the company either consents to the striking off or wishes to regularise its position by making a voluntary application under Section 549 to control the process and timeline.
Parties in Malaysia should prepare a Striking-Off Application (Malaysia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Striking-Off Application (Malaysia)
A valid Striking-Off Application under Section 549 of the Companies Act 2016 must include the following essential elements.
Eligibility Confirmation: Written confirmation that the company satisfies all eligibility conditions for striking off: no outstanding liabilities to any creditor, government body, or employee; no assets (including bank accounts, land, or IP registrations); not a party to any pending legal proceedings; and consent of all members.
Settlement of All Liabilities: Evidence that all outstanding liabilities have been settled before the application is lodged — including income tax clearance from LHDN, EPF and SOCSO contributions, SST returns, and settlement of all trade creditors. LHDN tax clearance is particularly important: SSM will not approve the application if LHDN has outstanding tax assessments against the company.
Bank Account Closure: Confirmation that all company bank accounts have been closed and that any remaining balance has been distributed to shareholders or used to settle expenses, with nil balance certificates from the bank(s).
Special Resolution or Member Consent: A special resolution of members under Section 292 of the Companies Act 2016, or written consent of all members, approving the application for striking off and authorising the directors to submit Form SB01 to SSM.
SSM Form SB01: The prescribed application form for voluntary striking off, completed and submitted via the MyCoID portal. The form requires the company name, registration number, confirmation of eligibility conditions, and the signature of a director.
Gazette Notice and Objection Period: After SSM accepts the application, a notice is gazetted and published on the SSM website for six months. During this period, any creditor, member, or interested party may lodge an objection to the striking off with SSM. If valid objections are received, SSM suspends the process and the company must resolve the objection before the application proceeds.
Final Dissolution Notice: If no valid objections are received within six months, SSM publishes a notice of dissolution in the gazette and the company is struck off the register and dissolved. The directors and members should retain all statutory books and records for at least seven years after dissolution.
Additional compliance elements for a Striking-Off Application (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Forms Legal. (2026). Striking-Off Application (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/business/corporate/striking-off-application-malaysia
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author = {{Forms Legal}},
title = {Striking-Off Application (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/business/corporate/striking-off-application-malaysia}},
note = {Free legal document template. Based on Companies Act 2016 (Act 777)}
}Frequently Asked Questions
Striking off under Section 549 of the Companies Act 2016 and winding up under Sections 439 to 548 are two separate processes for closing a Malaysia company. Striking off is an administrative dissolution process available to dormant or inactive companies with no liabilities and no assets. The company applies to SSM via Form SB01 and, after a six-month gazette notice period, SSM removes the company's name from the register. Striking off is faster (typically 6-9 months from application), cheaper (minimal professional fees), and does not require court involvement. Winding up is a formal insolvency or dissolution process that involves the appointment of a liquidator to collect the company's assets, pay its debts, and distribute any surplus to members. Winding up is required when the company has assets to distribute, debts to settle, or outstanding claims. A voluntary winding up under Section 439 is initiated by a special resolution of members; a compulsory winding up requires a court order under Section 465. Companies with any remaining assets or unresolved liabilities must wind up rather than strike off.
Yes. A company struck off the SSM register in Malaysia can be restored to the register within two years of the date of dissolution by applying to the High Court of Malaya under Section 563 of the Companies Act 2016. An application for restoration may be made by a member, creditor, director, or any other person who feels aggrieved by the striking off. The court will order restoration if it is satisfied that the company was carrying on business at the time of striking off, that it is just and equitable to restore the company, or that the striking off was without proper notice to the applicant. Upon restoration, the company is deemed to have continued in existence as if it had never been struck off, and any property vested in the Minister of Finance as bona vacantia under Section 567 is restored to the company. The applicant typically bears the legal costs of the restoration application, which can range from RM5,000 to RM20,000 in professional fees depending on complexity.
Before lodging a voluntary striking-off application with SSM, a Malaysia company should obtain tax clearance from the Inland Revenue Board of Malaysia (LHDN) to confirm that there are no outstanding income tax liabilities. While SSM does not formally require a tax clearance letter before accepting Form SB01, LHDN may object to the striking off during the six-month gazette notice period if there are outstanding tax assessments. The process involves filing all outstanding income tax returns (Form C) with LHDN for all years of assessment up to the cessation of business, paying any outstanding tax, and requesting a letter of clearance. The company should also ensure all SST returns are filed with the Royal Malaysian Customs Department (JKDM), all EPF (KWSP) contributions are paid under the Employees Provident Fund Act 1991, and all PERKESO/SOCSO contributions are paid under the Employment Injury Insurance System. Obtaining clearance from all these bodies before lodging the SSM application significantly reduces the risk of objections during the gazette notice period.
The voluntary striking-off process for a Malaysia company under Section 549 of the Companies Act 2016 typically takes between six and nine months from the date of lodging Form SB01 with SSM. The timeline breaks down as follows: SSM reviews and accepts the Form SB01 application (typically two to four weeks after lodgement); SSM publishes the gazette notice and a notice on the SSM website commencing the six-month objection period; if no valid objections are received within six months, SSM publishes the notice of dissolution and the company is struck off the register. In practice, the total timeline from commencing preparations (settling liabilities, obtaining clearances, passing the member resolution) to final dissolution is often nine to twelve months. Delays arise most commonly from outstanding LHDN tax assessments, pending EPF or SOCSO clearances, or creditor objections during the gazette period.
When a Malaysia company is struck off the SSM register under Section 549 of the Companies Act 2016, any property belonging to the company at the time of striking off vests in the Minister of Finance as bona vacantia under Section 567 of the Companies Act 2016. This means the company must have no assets — including bank accounts with positive balances, land, shares in other companies, intellectual property registrations, or equipment — before the striking-off application is lodged. If assets are discovered after dissolution, they automatically belong to the Malaysian government (Minister of Finance). Members wishing to recover assets after dissolution must apply to the High Court for restoration of the company under Section 563 within two years of dissolution. To avoid this outcome, all assets must be lawfully distributed or disposed of before the Form SB01 application is submitted to SSM — for example, by distributing cash balances as dividends, transferring equipment to shareholders, or assigning intellectual property before lodging the application.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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