Due diligence: Searches in Malaysia

Due Diligence

When conducting due diligence, the searches of publicly available information from the relevant government agencies and credit reporting agencies in Malaysia include the following:

1. Companies Commission of Malaysia (CCM)

Company search provides corporate information, particulars of directors and shareholders, issued share capital, company charges and summary of financial information.

Copies of certificates of incorporation and registration, memorandum and articles of association, and constitution may be obtained from the CCM.

Searches may be conducted on the CCM website on whether there is any outstanding compound issued by the CCM against a company, registered business or individual; status of striking off of a company and whether a company is existing.

Attestation of Company Good Standing may be obtained from the CCM if the target company fulfils the conditions.

Searches may be conducted to obtain information on shareholding, directorship, business ownership and partnership information of individuals.

2. Malaysian Department of Insolvency

Winding up and bankruptcy searches provide information on the insolvency status of the companies and individuals.

3. Land Office

Land search provides information on dimensions, area, category of use, express conditions, ownership, restrictions in interest, and encumbrances of the land and whether the land is freehold or leasehold.

4. Intellectual Property Corporation of Malaysia (MyIPO)

Searches on the MyIPO website provide information on the applicant, filing or application date, grant or registered date, legal status, certification issuance date, expiry date, class and specification of goods and services of the relevant trademark, patent, industrial design or geographical indication.

5. CTOS (a credit reporting agency)

Searches with CTOS is usually conducted to provide corporate information and litigation status of the target companies and individuals.

6. Experian (data analytics and consumer credit reporting company)

Searches provide information on corporate information of a company and its interest in other companies.

There is no official public search available to conduct litigation search on a particular company in Malaysia. However, the public may be able to conduct online search for pleadings and cause papers using the specific case number.

This post was first posted on Linkedin on 28 January 2023.

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