Incorporate Public Company (Berhad)
For Ambitious Businesses Ready to Scale Publicly
A Public Company, or Berhad (Bhd.), is a company limited by shares that can raise capital from the public — including through an Initial Public Offering (IPO). It is suitable for businesses with large-scale operations, long-term expansion plans, or the goal of becoming a listed company on Bursa Malaysia.
At KC Tan & Co, we guide you through the complex incorporation process of a Public Company with professional advice, legal compliance, and end-to-end support.
What is a Public Company?
A Public Company (Berhad) is:
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A separate legal entity from its shareholders
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Allowed to offer its shares to the public (subject to SC/Bursa regulations)
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Required to meet stricter regulatory and reporting standards than private companies
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Often used by larger companies seeking external investors, capital markets access, or eventual IPO
Public Companies are governed under the Companies Act 2016 and regulated by the Companies Commission of Malaysia (SSM), Securities Commission (SC), and Bursa Malaysia if listed.
Key Features of a Public Company (Berhad)
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Minimum 2 directors (both residing in Malaysia)
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Minimum 1 shareholder
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Must appoint a Company Secretary
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Must hold Annual General Meetings (AGMs)
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Required to file audited financial statements and annual returns
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Can issue prospectuses to invite public investments (with SC approval)
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Can eventually be listed on Bursa Malaysia
Who Should Incorporate a Public Company?
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Established private companies planning for IPO or large-scale fundraising
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Business groups with multiple stakeholders or subsidiaries under one umbrella
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Enterprises requiring access to public capital
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Organizations seeking a high degree of transparency and investor confidence
Benefits of a Public Company
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Capital Raising Power: Can raise funds from the public via share issuance
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Market Credibility: Enhances company reputation and public trust
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Continuity & Exit Strategy: Easier for shareholders to exit or sell via the public market
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Employee Incentives: Can offer share options and performance-based equity incentives
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Access to Institutional Investors: Opportunity to attract venture capital, banks, or large fund managers
Our Incorporation Services Include:
At KC Tan & Co, we provide a full suite of services to incorporate and manage your Public Company efficiently and legally. Our services include:
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Company name search and reservation
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Preparation and submission of incorporation documents to SSM
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Appointment of licensed Company Secretary
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Drafting Constitution and Memorandum of Association
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Setting up of share capital structure
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Advisory on board composition and governance
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Coordination with lawyers, auditors, tax agents, and other professionals
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Post-incorporation services including AGMs, compliance filing, and IPO planning
IPO Readiness & Support (Optional)
Planning to go public on Bursa Malaysia? We also provide IPO advisory services, such as:
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Pre-IPO compliance health checks
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Assistance in preparing the Prospectus
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Liaison with Securities Commission and Bursa Malaysia
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Structuring of pre-IPO corporate governance
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Ongoing secretarial and investor relations support after listing
Timeline & Process
Incorporating a Public Company is more complex than an Sdn. Bhd., and the process may take 1 to 3 weeks, depending on your structure and compliance readiness. We ensure your company is set up with accuracy, transparency, and long-term sustainability in mind.
Frequently Asked Questions
Q: Can a Public Company be 100% foreign-owned?
Yes, depending on the business sector and local licensing requirements. We will advise you on the best structure.
Q: Is it necessary to list the company after incorporating as a Berhad?
No. A Public Company does not have to be listed — but it does allow you the option to raise funds publicly in the future.
Q: What’s the difference between Sdn. Bhd. and Bhd.?
Sdn. Bhd. is a private company limited by shares and cannot offer shares to the public. Bhd. is a public company that can do so, but must comply with stricter legal and financial regulations.
Incorporate with Confidence
KC Tan & Co offers trusted, experienced guidance for companies ready to scale big. Whether you are restructuring, preparing for IPO, or simply planning for future growth — we’re here to walk with you every step of the way.
Contact us for a free consultation today.
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