1. What are the purpose of Form 13A, Form 48A, Form 48F, Form 6?

FORM 13A - Request For Availability Of Name

Form 13A is an application form that request for availability of name. To incorporate a
local company, applicant has to submit Form 13A together with fees of RM30.00. Section 22(6)
of the Act states that prior to the registration of an intended company or foreign company, the
applicant for registration shall apply in the prescribed form to the Registrar for a search as to
the availability of the proposed name of the intended company, company or foreign company
and the reservation of that name.
FORM 48A - Statutory Declaration By A Person Before Appointment As Director, Or By A
Promoter Before Incorporation Of Corporation.
Form 48A is a statutory declaration by a person before appointment as director, or by a
promoter before incorporation of corporation. The new director gives his/her consent to act as
director by executing the Form 48A and the Form 48A will subsequently be submitted to SSM
for registration purposes. The director or promoter declares under oath that he or she is not a
bankrupt and has not been convicted and imprisoned for any prescribed offences.
Section 16(3A) of the Act states that every promoter of a proposed company who is
natural person shall before the incorporation of the company make and lodge with the Registrar
and the Official Receiver a statutory declaration in the form prescribed by regulations that he
will not be acting in contravention of sections 125 and 130.
Section 123(4) of the Act states that every person shall before he is appointed a director
of a company make and lodge with the Registrar and the Official Receiver a statutory
declaration in the form prescribed by regulations that he will not be acting in contravention of
section 125 and 130 and that he consents to acts as director of the company.
FORM 48F - Declaration By A Person Before Appointment As Secretary.
Form 48F is declaration by a person before appointment as secretary. This is for the
person to declare that he/she is fit to be a company secretary.
Section 139(6) of the Act states that every person shall, before he is appointed a
secretary of a company, make a declaration in the prescribed from that he is not in
contravention of section 19A and 139C and that he consents to act as a secretary of the
company.
FORM 6 - Declaration Of Compliance.
Form 6 is a declaration of compliance. This declaration states that all the requirements
of the Company Act have been complied with. It must be signed by the company secretary who
handles the registration and is named in the Memorandum and Articles of Association.
Section 16(2) of the Act states that the person named in the articles as the first secretary
of the company shall lodge with the Registrar a declaration in the prescribed form stating that
all or any of the requirement of this Act have been complied with and containing such
information as many be prescribed, and the Registrar may accept such a declaration as
sufficient evidence of compliance.