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 Closing Sdn bhd

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TSArcher17
post Jul 7 2015, 10:36 AM, updated 11y ago

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few years back ago, me and my partner decide to close down the sdn bhd via doing so call promotion/campaign since we already make lost in the business. its say if the company did not do any account or audit before can apply to close it. so we try to apply thru the runner

if let say the sdn bhd has been successfully close down, how do i know that the company has been officially close down? cause the runner i deal with say is done already yet with little proof of it that not very convincing to me.

can i just call the ssm or whatever agency to verify it?

if the company is close already, in the future event if somebody wan to do a lawsuit against the company/director or shareholder will still sue against me?
i more worry on this.

please advise? icon_question.gif

p/s: forgive in advance of my poor english sentence & grammar
zheng88
post Jul 7 2015, 10:39 AM

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You are right to worry and you should have used a proper receiver and auditor to wind down your company. The bank can still come after you with a civil suit for funds that are missing and not properly accounted for. If I were you don't trust your partner in the business and take legal advice from both the auditor and solicitor that you last used for the company. They should know best and advise you on your position.

This post has been edited by zheng88: Jul 7 2015, 10:41 AM
TSArcher17
post Jul 7 2015, 10:50 AM

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QUOTE(zheng88 @ Jul 7 2015, 10:39 AM)
You are right to worry and you should have used a proper receiver and auditor to wind down your company. The bank can still come after you with a civil suit for funds that are missing and not properly accounted for. If I were you don't trust your partner in the business and take legal advice from both the auditor and solicitor that you last used for the company. They should know best and advise you on your position.
*
i forget to add on the bank related. frankly speaking, we did not open any company bank account. all the while we use my partner current account to make payment to supplier. as far as i know, we did not borrow money from the bank. ( i know is wrong at the first place but damage done need a solution )

so do i need to seek advice from the legal to protect myself?
klthor
post Jul 7 2015, 11:01 AM

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QUOTE(Archer17 @ Jul 7 2015, 10:36 AM)
few years back ago, me and my partner decide to close down the sdn bhd via doing so call promotion/campaign since we already make lost in the business. its say if the company did not do any account or audit before can apply to close it. so we try to apply thru the runner

if let say the sdn bhd has been successfully close down, how do i know that the company has been officially close down? cause the runner i deal with say is done already yet with little proof of it that not very convincing to me.

can i just call the ssm or whatever agency to verify it?

if the company is close already, in the future event if somebody wan to do a lawsuit against the company/director or shareholder will still sue against me?
i more worry on this.

please advise? icon_question.gif

p/s: forgive in advance of my poor english sentence & grammar
*
u can go to SSM to buy company's status. u can buy online too. its around RM100 per company depends on how many reports ur company have.
Artus
post Jul 7 2015, 11:04 AM

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QUOTE(Archer17 @ Jul 7 2015, 10:36 AM)
few years back ago, me and my partner decide to close down the sdn bhd via doing so call promotion/campaign since we already make lost in the business. its say if the company did not do any account or audit before can apply to close it. so we try to apply thru the runner

if let say the sdn bhd has been successfully close down, how do i know that the company has been officially close down? cause the runner i deal with say is done already yet with little proof of it that not very convincing to me.

can i just call the ssm or whatever agency to verify it?

if the company is close already, in the future event if somebody wan to do a lawsuit against the company/director or shareholder will still sue against me?
i more worry on this.

please advise? icon_question.gif

p/s: forgive in advance of my poor english sentence & grammar
*
You have to figure out which route did you use to close down the Sdn. Bhd. - Winding up or Section 308 Strike-Off? You can easily check if your company was struck-off or not by keying in your company number:

http://www.ssm.com.my/en/status-308
TSArcher17
post Jul 7 2015, 11:31 AM

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QUOTE(klthor @ Jul 7 2015, 11:01 AM)
u can go to SSM to buy company's status. u can buy online too. its around RM100 per company depends on how many reports ur company have.
*
manual way to check on checking the company status? wow so expensive for checking? by report is what report?

QUOTE(Artus @ Jul 7 2015, 11:04 AM)
You have to figure out which route did you use to close down the Sdn. Bhd. - Winding up or Section 308 Strike-Off? You can easily check if your company was struck-off or not by keying in your company number:

http://www.ssm.com.my/en/status-308
*
i just check from there. yup, using the section 308 to close down. just saw my company name there. so which mean is officially close?

i saw the date of Gazette & date of notice is referring to what?
klthor
post Jul 7 2015, 11:45 AM

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QUOTE(Archer17 @ Jul 7 2015, 11:31 AM)
manual way to check on checking the company status? wow so expensive for checking? by report is what report?
i just check from there. yup, using the section 308 to close down. just saw my company name there. so which mean is officially close?

i saw the date of Gazette & date of notice is referring to what?
*
alot of reports like status, info, charge to bank, financial statement. anyway, since u found ur company info at there under strike off, then its confirm ur company no longer there
Artus
post Jul 7 2015, 11:48 AM

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QUOTE(Archer17 @ Jul 7 2015, 11:31 AM)
i just check from there. yup, using the section 308 to close down. just saw my company name there. so which mean is officially close?

i saw the date of Gazette & date of notice is referring to what?
*
It refers to the date that the Gazette (gov announcements) had published the strike-off, which means it is official.

If I remember correctly, you have to wait ten years from then to be really sure that it is finally closed. Technically, a strike-off can be revived if somebody (such as an unhappy shareholder) managed to persuade the courts to revive it. Wind-up cannot be revived.


TSArcher17
post Jul 7 2015, 11:53 AM

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QUOTE(klthor @ Jul 7 2015, 11:45 AM)
alot of reports like status, info, charge to bank, financial statement. anyway, since u found ur company info at there under strike off, then its confirm ur company no longer there
*
if let say somebody want to check like status, info, charge to bank, financial statement and etc they still able to check all this again?

since the company has been close, now i worry on legal law suit. i know i not to be worry so much. since i have talk this topic so i need to clear on this.
TSArcher17
post Jul 7 2015, 11:57 AM

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QUOTE(Artus @ Jul 7 2015, 11:48 AM)
It refers to the date that the Gazette (gov announcements) had published the strike-off, which means it is official.

If I remember correctly, you have to wait ten years from then to be really sure that it is finally closed. Technically, a strike-off can be revived if somebody (such as an unhappy shareholder)  managed to persuade the courts to revive it. Wind-up cannot be revived.
*
somebody can be only our own shareholder or other people also can revived it?

need to wait ten year to be close? that very long sweat.gif
Artus
post Jul 7 2015, 12:00 PM

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QUOTE(Archer17 @ Jul 7 2015, 11:57 AM)
somebody can be only our own shareholder or other people also can revived it?

need to wait ten year to be close? that very long sweat.gif
*
For most practical purposes, it has been closed. Not easy for a shareholder or a creditor to revive it, but it is possible.


klthor
post Jul 7 2015, 12:31 PM

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QUOTE(Archer17 @ Jul 7 2015, 11:53 AM)
if let say somebody want to check like status, info, charge to bank, financial statement and etc they still able to check all this again?

since the company has been close, now i worry on legal law suit. i know i not to be worry so much. since i have talk this topic so i need to clear on this.
*
well, since its a strike off. i believe theres no financial info in it other than status and info. yes, if not mistaken ppl still can buy the reports such as name of directors/ic/adress, company sec, shareholders, registered office etc etc.

law suit? u owe ppl alot of money? u used that company to do illegal stuff? then u might worried about urself not the company. like the other forumer said, its not impossible but rare and unlikely.
TSArcher17
post Jul 7 2015, 01:39 PM

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QUOTE(Artus @ Jul 7 2015, 12:00 PM)
For most practical purposes, it has been closed. Not easy for a shareholder or a creditor to revive it, but it is possible.
*
QUOTE(klthor @ Jul 7 2015, 12:31 PM)
well, since its a strike off. i believe theres no financial info in it other than status and info. yes, if not mistaken ppl still can buy the reports such as name of directors/ic/adress, company sec, shareholders, registered office etc etc.

law suit? u owe ppl alot of money? u used that company to do illegal stuff? then u might worried about urself not the company. like the other forumer said, its not impossible but rare and unlikely.
*
not easy but possible.... then i hopefully nothing happen.

no owe anybody money & not doing any illegal stuff. just that did not follow proper procedure and a lot of mess cause open a sdn bhd company did not open any company bank account yet using my friend current account to make payment.

and then recently i open a saving account, the person told i got record in ctos mention on the company but i just calmly tell that person the company has closed ad but my mind a bit worry why is this ctos in my record as i know if i have ctos record mean is not very good already and affect next time if i wan to do other loan
klthor
post Jul 7 2015, 02:04 PM

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QUOTE(Archer17 @ Jul 7 2015, 01:39 PM)
not easy but possible.... then i hopefully nothing happen.

no owe anybody money & not doing any illegal stuff. just that did not follow proper procedure and a lot of mess cause open a sdn bhd company did not open any company bank account yet using my friend current account to make payment.

and then recently i open a saving account, the person told i got record in ctos mention on the company but i just calmly tell that person the company has closed ad but my mind a bit worry why is this ctos in my record as i know if i have ctos record mean is not very good already and affect next time if i wan to do other loan
*
u can check with ctos, mostly ur creditors lodge report to them or its just ctos records that u are the directors of this company.
Nauts
post Jul 7 2015, 02:29 PM

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Strike Off Under Section 308 takes some time. SSM will send you 4 letters, then after that a final letter saying sucessfully strike off.

But the important one is LHDN. Must inform the taikor LHDN you want to close your company tax file also.


Babablacksheep
post Jul 7 2015, 04:25 PM

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QUOTE(Archer17 @ Jul 7 2015, 01:39 PM)
not easy but possible.... then i hopefully nothing happen.

no owe anybody money & not doing any illegal stuff. just that did not follow proper procedure and a lot of mess cause open a sdn bhd company did not open any company bank account yet using my friend current account to make payment.

and then recently i open a saving account, the person told i got record in ctos mention on the company but i just calmly tell that person the company has closed ad but my mind a bit worry why is this ctos in my record as i know if i have ctos record mean is not very good already and affect next time if i wan to do other loan
*
https://www.ctos.com.my/consumer/#Self-Check-Online

Go visit CTOS HQ(best) or Online to check yourself.

CTOS is an agency, your name appeared doesn't mean you are blacklisted.
Is like your name appearing in POLICE Department doesn't mean you are a Thief.
It is just a record so that bankers can view your history.

This post has been edited by Babablacksheep: Jul 7 2015, 04:28 PM
xxVeronicaxx
post Jul 9 2015, 07:53 AM

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(Sorry TS pinjam thread)

Hi all.

Few years ago my dad "obtained" a registered company thru his fren. There are no assets transfer whatsoever (from what I know), just the company name. My dad asked me to be a "shareholder" of the company, and I agreed. Yes I know the decision is somewhat stupid, but he is my father, and he is asking me for help, I can't really reject him. He told me he just needed my name. I was still a university student at that time, and didn't bother. After that, he told me he wanna close the business, and asked me to sign a bunch of documents. I tot everything was done by then.

Until now, few years later, when I check my CTOS, I realised I am still the shareholder of the company, with negative profit, and the status of the company = "Existing". I think I should deal with this in case it causes any trouble in the future.

Anyone here have any experience in closing down/striking off a company? I have a few questions.

1) What are the forms or documents required for the process? I found a Borang C (pemberitahuan penamatan perniagaan) n an application form for striking off. Is that all?

2) I am not sure whether dad sent the Borang C (pemberitahuan penamatan perniagaan) when he told me he wanna close the business last time. From what I read, we were supposed to send in the form in 30 days after we decided to close the business. So, I supposed I shud write a recent date in the form?

Thank you very very much for your help.
TSArcher17
post Jul 9 2015, 06:36 PM

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QUOTE(klthor @ Jul 7 2015, 02:04 PM)
u can check with ctos, mostly ur creditors lodge report to them or its just ctos records that u are the directors of this company.
*
will record inside there forever? even now im no longer a director?

QUOTE(Nauts @ Jul 7 2015, 02:29 PM)
Strike Off Under Section 308 takes some time. SSM will send you 4 letters, then after that a final letter saying sucessfully strike off.

But the important one is LHDN. Must inform the taikor LHDN you want to close your company tax file also.
*
for lhdn part we also never go and register before, but i receive a letter for filling up the form. right now 2-3 years already, they still look into it even now our company has strike off/close down?

QUOTE(Babablacksheep @ Jul 7 2015, 04:25 PM)
https://www.ctos.com.my/consumer/#Self-Check-Online

Go visit CTOS HQ(best) or Online to check yourself.

CTOS is an agency, your name appeared doesn't mean you are  blacklisted.
Is like your name appearing in POLICE Department doesn't mean you are a Thief.
It is just a record so that bankers can view your history.
*
sure. thank you for enlighten smile.gif
duckaton
post Jul 10 2015, 02:32 PM

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to open sdn bhd easy,
closing is not.

leave dormant oso has to pay fees
subaiku
post Feb 22 2019, 03:31 PM

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Sorry to revive this thread, but question, if you want to check a company winding up status is it the same as striking off?

Tried checking at: https://www.ssm.com.my/Pages/Quick_Link/Status-308_550.aspx

but can't find my company details.. :c

This post has been edited by subaiku: Feb 25 2019, 11:05 AM

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