Company Eligibility Criteria for Employment Pass Application

Updated: Jan 22

There are two requirements before companies can proceed with the employment pass application. The requirement details are as below:


1. Applicant must be:


a. registered with the Companies Commission of Malaysia (SSM) under Companies Act 1965; OR

b. registered with the Registry of Societies Malaysia (ROS) under the Organisation Act 1966; OR

c. incorporated under specific acts. E.g. Law firms and Accounting firms; OR

e. supported by Ministries / Government Agencies; OR

f. certified by the Ministry of Foreign Affairs.


2. Company paid-up capital requirement (not applicable to public limited companies, companies limited by guarantee, associations and organisations incorporated under specific acts):


EQUITY PAID-UP CAPITAL


100% Local Owned - RM250,000

Joint venture companies (a minimum of 30% foreign shareholding) - RM350,000

100% Foreign Owned - RM500,000

Foreign-owned companies (foreign equity at 51% and above) operating in the Wholesale, Retail and Trade (WRT) sectors - RM1,000,000

Foreign-owned companies (foreign equity at 51% and above) involved in the sub sectors on unregulated services - RM1,000,000


Documents Required for Employment Pass Application


1. Copy of all current company directors’ MyKad / passport copy as per SSM registration


2. Comprehensive Company Profile (including the following items):

i. background of company

ii. business activities

iii. organization structure

iv. location of company / number of branches (branch address)

v. photo of the premise (front and interior)

vi. photo of the products / services offered


3. Copy of company’s latest phone bill


4. Tenancy agreement / Sales & Purchase Agreement (S&P)


5. Latest SSM Form 9 or Form 83A (any related documents)


6. Latest SSM Form 24 or Form 80A (any related documents)


7. Latest SSM Form 49 or Form 79 (any related documents)


8. Latest audited financial report


9. Copy of Local Authorities License - Lesen Pihak Berkuasa Tempatan (PBT) (if applicable)


10. Other business licenses


If your organisation is a firm, these additional documents are required:


11. For audit / accounting firms latest SSM Form 5 accompanied by “Sijil Akuan Pendaftaran Firma Perunding” by Kementerian Kewangan Malaysia, and for legal firm letter from the Bar Council Malaysia


If your organisation is registered under the Organization Act 1966, these additional documents are required:


12. List of committee members sponsor


13. Certificate of Registration under the Organization Act 1966 (Form 3)


14. Association of Constitution


15. Latest annual audited returns


If your organisation is an association of sports bodies, these additional documents are required:


16. Certificate of Registration under Sports Development Act 1997 (Act 576) and Regulations


All SSM forms (Form 5, Form 9, Form 24 and Form 49) must be certified true copies by the Companies Commission of Malaysia.


Projection


The company is required to apply for a projection on expatriates it plans to hire for the current year. The projection is based on the number of expatriates it has identified, including existing expatriates for renewals and also new hires. If the numbers under the projection requested for the year has been fully utilised, the company may then request for new projection with the appropriate justification. The charter time for a decision on the projection request is 5 to 10 working days.




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