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Disemak oleh Pengamal Bertauliah
Shahrul Nizar Ghazali
Pengarah Eksekutif SASCO · Akauntan Bertauliah & Setiausaha Syarikat Berlesen
MIA No: 39799 · No. Sijil Amalan SSM: 201908001424
If you’ve received a notice from the Companies Commission of Malaysia (SSM) about your company being struck off the register, or you suspect it’s already happened, here’s the first thing to understand. It is a serious matter, but it is rarely sudden. Strike-off is almost always the end result of a compliance gap that built up over time. The good news is that most cases are preventable, and even after a notice is issued, there is usually a window to act.This article explains why SSM strikes off companies, what actually happens once a company is removed from the register, whether restoration is possible, and what you should be doing right now if your company is at risk.
Why Companies Get Struck Off by SSM
- Failure to lodge annual returns: Every Sdn Bhd is required to lodge its annual return with SSM every year. Repeated failure signals the company may be inactive or non-compliant, which triggers the strike-off process.
- No active company secretary: If a company has no appointed secretary, there is effectively no one lodging statutory documents on the company’s behalf, which causes compliance to lapse silently.
- Unreachable registered address: SSM sends official notices to the company’s registered address. If that address is outdated or abandoned, the company may miss critical notices, including the strike-off warning itself.
- Dormant companies never formally wound up: A dormant company that is never formally wound up continues to accumulate compliance obligations, and SSM may eventually strike it off administratively.
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What Happens Once a Company Is Struck Off
- The company ceases to exist as a legal entity: It cannot enter into contracts, issue invoices, or be sued or sue in its own name.
- Company assets may vest in the government: Under the Companies Act 2016, assets belonging to a struck-off company can vest in the Government of Malaysia if it is not restored, though the precise mechanism and timeline should be confirmed with SSM or a company secretary for your specific case.
- Directors may face difficulties: Directors of a struck-off company can face complications when applying to be directors of other companies.
- Bank accounts are typically frozen: Once a bank discovers a company has been struck off, it will generally freeze the associated company bank accounts.
Can a Struck-Off Company Be Restored?
Restoration is possible, but should not be treated as a safety net. A struck-off company can, in certain circumstances, apply to be restored to the register. A direct application to the Registrar is possible within a limited window after the strike-off; beyond that, restoration generally requires a court application, commonly cited as up to 7 years from the strike-off date.Restoration is slow, administratively demanding, and considerably more expensive than staying compliant in the first place. There is also no guarantee of a favourable outcome or a fixed timeline for approval. Our strong recommendation is to act before a strike-off happens, not after.
How to Prevent This From Happening
- An active company secretary monitors deadlines proactively.
- Your registered address stays current and monitored.
- Dormant companies are handled properly.
- Responsiveness matters as much as qualifications.
Frequently Asked Questions
How do I know if my company has been struck off?
You can check your company’s current status through SSM’s official search facilities, or ask your company secretary to verify it for you.
Will I be notified before my company is struck off?
Yes. SSM issues a notice to the company, followed by a 30-day public notification period during which objections can be filed. If no objection is received, SSM publishes the strike-off in the Federal Gazette.
Can I still operate my business if my company is struck off?
No. Once struck off, the company no longer exists as a legal entity and cannot legally trade, invoice, or enter into contracts.
Is a dormant company automatically safe from strike-off?
No. Dormancy does not exempt a company from its filing obligations.
What should I do first if I think my company is at risk?
Speak to a company secretary as soon as possible to check your company’s current filing status with SSM.If your company has received a strike-off notice, or you simply aren’t sure whether your filings are up to date, don’t wait. Learn more at our full guide to company secretaries in Malaysia. For urgent cases, message us on WhatsApp at 012-276-9300.
Related Guides: SSM Renewal & Compliance
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