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 Transfer From individual names to SDN BHD

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TSconstant
post Oct 26 2009, 09:03 AM, updated 17y ago

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Assume and A and B jointly holds a property. They intend to transfer the ownership to a sdn bhd comprising of 3 EQUAL shareholders. How do one go about it? Assume the sdn bhd is already set up.

Lets assume that they agree that the selling price is 500k. (BTW, must it be at market price assuming all of them are RELATED parties?)So, A and B will sell to company XYZ for 500k. But company XYZ is a $3 company, how can it buy the 500k property? If company XYZ do not intend to take up any loan, does that mean it will first have to put in 500k into the company as paid up capital??? Another way maybe is to let it remain as rm3 company but the rm500k is a loan from directors. Is that possible? What is the NORMAL way of doing it?

Thanks a lot for answers. icon_rolleyes.gif
TSconstant
post Oct 26 2009, 03:08 PM

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Hi Pai,

That's not what I asked. Basically, how do people transfer their property to a sdn bhd as a poperty holding vehicle for the family? Do the property have to be transacted at market value? If so, that would be very hard to do because that means one need to have a sdn bhd with huge paid up capital.
TSconstant
post Oct 27 2009, 10:43 AM

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Thanks Pur-er

What if the property is sold to the company for rm3 only? That is the company issue 3 more shares of rm1 each to buy the property worth rm500k. The company paid up is now rm5. That is the property is being injected into the company for a nominal sum. Possible? How much is the stamp duty? Should be based on market value, but determined by who?
TSconstant
post Oct 27 2009, 01:35 PM

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QUOTE(pur er @ Oct 27 2009, 12:10 PM)
What's your rationale to inject property to company for RM3 only?  hmm.gif

Is the property unencumbered or not?

The stamp duty for real estate transfer is determined by Jabatan Penilaian dan Perkhidmatan Harta based on their own valuation.


Added on October 27, 2009, 12:13 pmBased on value of RM500k, the stamp duty will work out to be RM9k.

Scale:

First RM 100,000           : 1%   
RM 100,001 to 500,000  : 2%
RM 500,001 and above  : 3%
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The reason being: if transacted at full value, the authorised and paid up capital of the company will be much higher. I understand there is some fees to be paid for high authorised and paid up caps and I am trying to avoid that. BTW, do you know how much need to be paid for paid up capital of, say, rm5mil?

The property is free of encumbrances.


Added on October 27, 2009, 1:36 pm
QUOTE(aeiou228 @ Oct 27 2009, 12:47 PM)
constant,

The easiest way is to bring your land title and your sdn bhd documents to a mortgage loan officer of any bank, tell the bank you want to apply a mortgage loan by transferring the ownership of the land to Sdn Bhd.
They will be able to give you a better picture of what you are suppose to do.
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I am not applying for mortgage loan. Just transfer of assets into holding company.


This post has been edited by constant: Oct 27 2009, 01:36 PM

 

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