Malaysia

Malaysia sits at the heart of the ASEAN region, the centre of a web of business interconnectivity. Offering political stability, modern infrastructure, free-trade zones, tax havens and industrial parks, Malaysia is an attractive choice as an Asian base of operations for multinational corporations and increasingly also for small and medium enterprises.

In Malaysia, Luther is spearheaded by a team of German, Polish, French and UK-trained advisors, supported by a local boutique law firm. This unique combination of European insight, international corporate expertise and deep knowledge of the Malaysian legal environment allows us to offer our clients tailored and practical solutions for their business needs in this region of dynamic growth.

In addition to addressing our clients’ legal and corporate concerns, we also provide comprehensive support on navigating regulatory compliance, tax and human resources obstacles. Our services include the incorporation/dissolution of companies as well as corporate secretarial, nominee director, accounting, immigration, payroll and treasury services.

Our Legal and Tax Advisory Services

Corporate and M&A
  • Domestic and cross-border acquisitions
  • Due diligence
  • Management Buyout – Management Buy-in
  • Local and international corporate restructuring measures
  • Conversions and mergers
  • Post-merger integration
  • Merger control (inbound and outbound)
  • Selection of legal form and establishment of companies, partnerships and representative offices
  • Establishment of joint ventures
  • Liquidation and insolvency proceedings
  • Disputes among shareholders
  • Corporate arbitration
Employment Law
  • Employment contracts for staff and directors
  • Employment policies
  • Employment mediation and litigation
  • Organisational restructuring, redundancy programs and compensation plans
  • Secondment arrangements
  • Social insurance
International Trade and Distribution Law
  • General terms and conditions
  • Supply and procurement agreements
  • Product liability defence
  • Distributorship and sales agency agreements
Litigation and Dispute Resolution
  • Cross-border and domestic litigation
  • Alternative dispute resolution: cross-border and domestic arbitration and mediation
  • Investment dispute settlement
Real Estate
  • Real estate purchases and transfers
  • Representation vis-à-vis public authorities
  • Negotiation and drafting of sale and purchase agreements and commercial leases
Regulatory
  • Licence applications
  • Federal and state governmental consents
Tax
  • International tax (inbound and outbound)
  • Direct and indirect taxes, sales and services tax
  • Transfer pricing

Our Corporate Services

Establishment / Registration of a company in Malaysia

We provide fast and efficient service for the formation and registration of a company or other legal entity in Malaysia, whether in the form of a private limited company, branch or representative office. Our services include:

  • Implementation of the corporate & tax structure
  • Preparation of memorandum and articles of association, and other constitutional documents
  • Registration of private/public limited companies (Sendirian Berhad/Berhad)
  • Registration of private limited partnerships (LLP)
  • Registration of foreign companies (Branch Offices)
  • Registration (and renewal) of representative and regional offices (Rep/Reg Offices)
  • Principal Hub Incentives
Dissolution / Deregistration

We offer expertise in the dissolution of entities and provide advice on the most suitable mode of deregistration. These services include:

  • Preparation and filing of all necessary documents for the voluntary winding-up of an entity
  • Arranging dormancy of legal entities and cessation of business
  • Handling deregistration/striking-off of entities
Restructuring / Individual and Corporate Tax Compliance

Our corporate and individual tax compliance services include:

  • Sales tax and Services tax registration and preparation and submission of sales tax and services tax returns
  • Preparation and filing of corporate tax returns
  • Preparation and filing of individual tax returns with tax authorities
  • Advising on Double Taxation Agreements (DTAS)
  • Advising on withholding tax issues, preparation and filing of withholding tax returns including claims for double taxation relief
  • Advising on complex and international tax structures
  • Liaising with the Inland Revenue Board of Malaysia (LHDN) regarding individual or corporate tax issues
  • Dealing with stamp duty payments and stamp duty relief
Corporate Secretarial Services

We provide the complete range of corporate services to both large and small companies in Malaysia.

1. Provision of Personnel to Assume Statutory Positions

  • Company secretary
  • Statutory agent
  • Nominee director
  • Nominee shareholder
  • Nominee manager


2. General Services to Ensure Statutory Compliance

  • Implementation of corporate governance and compliance procedures
  • Setting up statutory books and registers and custody of the same
  • Custody of common seal
  • Preparing and lodging all prescribed forms and requisite documents with the Company Commission of Malaysia (CCM)
  • Lodging of accounts with CCM
  • Preparation of notices, minutes, and other documents pertaining to directors’ and shareholders’ meetings (Annual General Meeting and Extraordinary General Meeting)
  • Managing changes:
    • Change of name
    • Change in constitutional documents
    • Change in capital structure (transfer of shares, new issuance of shares, repurchase of shares)
    • Change of shareholders
    • Change of directors, managers, auditors and company secretaries
    • Change of registered office address
  • Provision of registered office/correspondence address
  • Opening of bank accounts and managing changes to bank signatories
  • Corporate restructuring
Accounting and Financial Reporting

At Luther Corporate Services we perform the time-consuming accounting tasks, which a business must undertake, thus allowing our clients to concentrate on growing their businesses.

1. Bookkeeping

  • Setting up the chart of accounts
  • Recording of all payments and funds received
  • Preparation of monthly bank reconciliation statements
  • Recording of all sales and trade debtors
  • Recording of all purchase and trade creditors
  • Recording of prepayments and accruals
  • Recording of all assets purchased and related depreciation
  • Recording of all sales and services tax on the taxable purchases/supplies
  • Extraction of monthly trial balances and general ledger


2. Management Reports

  • Compiling of profit and loss account and balance sheet
  • Generating aged financial analysis of debtors and creditors
  • Business advisory services such as accounting reports and preparation of business plans
  • Budget preparation and comparison and analysis of key components of financial performance


3. Statutory Accounting

  • Preparation of financial statements
  • Preparation of consolidated financial statements which includes the consolidated cash flow statement, consolidated statement of changes in equity and notes to the financial statements in compliance with the Financial Reporting Standards (FRS)
  • Review and computation of tax and deferred tax provisions for inclusion into financial statements
  • Re-measuring accounts to functional currency
  • Completing consolidation and head office reporting packages
Immigration (Employment Passes and Other Permits) / Cash, Funds and Payment Administration

Luther Corporate Services supports a diverse portfolio of clients ranging from small and medium-sized enterprises to multinational corporations with cash, fund & payment administration services. For smaller businesses where segregation of duties is an issue our service functions as an additional internal control in regard to company fund spending.

  • Administration of cash funds deposited with us or in client’s own bank accounts
  • Cash forecasting and processing of accounts receivables
  • Account signatory services to enable settlement of company payment obligations e.g. to suppliers, for payroll, for employee expense reimbursements
  • Opening of bank accounts and managing changes to bank signatories
  • Issue payment vouchers and prepare cheques
  • Mailing of signed cheques to payees or remittance of funds by telegraphic transfer
Human Resources and Payroll Administration

At Luther Corporate Services we offer full outsourcing services for the management of payroll, personnel data and employee benefits. We can assist through tailor-made solutions to meet specific client requirements.

Our services include the following:

  • Processing employee expense claims including payment
  • Computation of net salary
  • Computation of net salary and Employees Provident Fund (EPF)
  • Providing payroll reports & financial journals
  • Handling payment of net salary and EPF via our client trust account, including deposit of net pay into employee’s bank accounts and issuance of confidential pay slips
  • Preparing year-end EA-Form and E-Form
  • Preparing CP39, CP22, and other payroll related forms
  • Ensuring compliance with all reporting requirements of the Inland Revenue Board (LHDN) and EPF (Form A), Form 8A for SOCSO (social insurance)
  • Applications for Employment Passes, Dependant Passes, Permanent Residence (PR) and “Malaysia my Second Home” status.
  • Administration of share option schemes