Member Firm Registration Requirements & Guidelines

Introduction

What is LLP?

  • An alternative business vehicle to carry out business, which combines the characteristics of a private company and a conventional partnership.
  • It provides limited liability status to its partners and offers the flexibility of internal arrangement through an agreement between the partners.
  • A more structured business vehicle compared to a sole proprietorship or a conventional partnership.
  • It provides the flexibility of controlling the business operation in accordance with the partnership agreement, whilst enjoying the limited liability status compared to a company which is subject to strict compliance requirements under the Companies Act 1965 in most of its affairs.

Why choose LLP? Difference between an LLP and a General Partnership

LLP offers limited liability to its partners whereby any debts and obligations of the LLP will be borne by the assets of the LLP while for conventional partnership, the partners are jointly and severally liable with the firm.

Main features of LLP

  • LLP is a body corporate and has a legal personality separate from its partners (separate legal entity).
  • LLP has perpetual succession.
  • Any changes in relation to the partners of an LLP will not affect the existence, rights or liabilities of the LLP.
  • LLP has unlimited capacity and capable of suing and being sued, acquiring, owning, holding and developing or disposing of property.
  • LLP may do and suffer such other acts and things as bodies corporate may lawfully do and suffer.

Source: http://www.ssm.com.my/

Requirements

Procedures

Members are required to register the LLP as an audit firm to obtain the AF number from the Suruhanjaya Syarikat Malaysia (SSM) in which the existing requirements of setting up an audit firm will still be applicable.

Registration of Audit Firm

  1. Submit online application via MIA website and attach with a copy of the audit licence.
  2. Approval letter for the proposed name will be issued by the MIA.
  3. To submit the following to the Suruhanjaya Syarikat Malaysia (SSM):
    1. Form under Section 265 (1), Companies Act 2016
    2. Approval letter for the proposed name from MIA; and
    3. Payment of RM 500.00 via cheque, bank draft, postal order or money order made payable to “SURUHANJAYA SYARIKAT MALAYSIA”.
  4. The audit firm number will be issued by the SSM.
  5. To update MIA by log in to the MIA website and click My Application History > View > Re-submit. Enclosed the following:
    1. Copy of updated Form under Section 265 (1) together with the SSM letter confirming the changes.
    2. Copy of SSM letter on the allocation of AF number.
  6. The firm number will then be registered in the MIA member firm database.
  7. Registration of firm letter and certificate will be issued by MIA to confirm the firm registration.
  8. Purchase of Professional Indemnity Insurance (PII)

Application of LLP with the MIA

  1. Submit online application via MIA website and attach with the following:
    1. Copy of cover note of Professional Indemnity Insurance (PII)
  2. MIA will issue an approval letter for incorporation of LLP to SSM.

Registration of LLP with the SSM

  1. Submit online application via MyLLP Portal – under “Professional Service” – LCA category
    1. Fee RM500.00
    2. Upload copy of LLP approval letter from MIA
    3. Upload copy of cover note of Professional Indemnity Insurance (PII)
  2. Once the registration of LLP is completed, purchase the following:
    1. LLP certificate by the LLP Registrar
    2. LLP Profile/Registration Summary
  3. Update SSM (Audit Monitoring Unit) on the new LLP name and number by submitting:
    1. Lodge Form under Section 265(4)
    2. Copy of LLP Certificate issued by LLP Registrar
    3. Copy of Approval letter issued by MIA

Update LLP status with MIA

  1. Login to MIA website and attach with the following:
    1. Copy of updated Form under Section 265(4)
    2. Copy of LLP Certificate issued by LLP Registrar
    3. Copy of LLP Registration Profile
  2. MIA will send acknowledgement letter

Registration of Non-Audit Firm

  1. Submit online application via MIA website
  2. Approval letter for the proposed name will be issued by the MIA.
  3. To confirm the registration by providing the commencement date by log in to the MIA website and click My Application History > View > Re-submit.
  4. The firm registration number and firm certificate will be issued by MIA to confirm the firm registration.
  5. Purchase of Professional Indemnity Insurance (PII)

Application of LLP with the MIA

  1. Submit online application via MIA website and attach with the following:
    1. Copy of cover note of Professional Indemnity Insurance (PII)
  2. MIA will issue an approval letter for incorporation of LLP to SSM.

Registration of LLP with the SSM

  1. Submit online application via MyLLP Portal – under “Professional Service” – LCA category
    1. Fee RM500.00
    2. Upload copy of LLP approval letter from MIA
    3. Upload copy of cover note of Professional Indemnity Insurance (PII)
  2. Once the registration of LLP is completed, purchase the following:
    1. LLP certificate by the LLP Registrar
    2. LLP Profile/Registration Summary

Update LLP status with MIA

  1. Login to MIA website and attach with the following:
    1. Copy of LLP Certificate issued by LLP Registrar
    2. Copy of LLP Registration Profile
  2. MIA will send acknowledgement letter