REGISTRATION REQUIREMENTS

Company Registration

• The following entities – duly registered with Companies Commission of Malaysia/Suruhanjaya Syarikat Malaysia (SSM)* are allowed to register as PETROS vendor(s);
  1. Sole Proprietorships.
  2. Partnerships.
  3. Private and Public Limited Companies; and
  4. Foreign Registered Companies.
• Definition of Sarawakian Companies
  

  Definition of Sarawakian Companies
  Criteria	Requirement
  Registered Business Address	Must have a valid registered business address in Sarawak
  Trade License Mandatory for company that wants to conduct/operate business in Sarawak	Valid Borang 1 (Seksyen 5, 23 dan 24(2)) - Kerajaan Negeri Sarawak - Ordinan Perniagaan, Profesion dan Perlesenan Perdagangan - Law of Sarawak Cap. 33
  Equity/Shareholder	Sole proprietor - 100% Sarawakian Non-PLC: >=51% Sarawakian PLC: >=30% Sarawakian at point of listing and verified during bidder selection
  Director	Non-PLC: >=51% Sarawakian PLC: >=30% Sarawakian at point of listing and verified during bidder selection
  Management & Professional	>=51% Sarawakian
  Employee	>=51% Sarawakian
  Financial Management	>=51% Sarawakian controlled e.g., cheque signatories
  Facilities	Active Operation & Facilities in Sarawak (primary/ subsidiary/ branch/ factory/ workshop/ warehouse)

  *Note:  
  1. Sarawakian shall be defined as any citizen with K status in their Malaysian Identity Card or conferred Certificate of Status by Immigration Department.
  2. Any Sarawak Government Linked Company ("State GLC") are automatically deemed as Sarawak Company.
  3. PLC refers to Private Limited Company and Non-PLC refers to Non-Private Limited Company.
• A foreign Company is defined under the Companies Act 2016 as:
  1. a company, corporation, society, association, or other body incorporated outside Malaysia; or
  2. an unincorporated society, association, or other body which under the law of its place of origin may sue or be sued or hold property in the name of the secretary or other officer of the body or association duly appointed for that purpose and which does not have its head office or principal place of business in Malaysia.
• A foreign company may carry on business registration in Malaysia by either:
  1. Incorporating as a local company with SSM or
  2. Registering the foreign company in Malaysia with SSM (Section 562 of the Companies Act 2016).
• Foreign companies can register as vendors especially for the supply of goods/services which are not provided by Sarawakian companies. However, foreign companies are encouraged to adopt the following in supporting the said registration process.
  1. Appointing a Sarawakian company as an exclusive agent representing the foreign company. The appointed agent’s company must be registered with PETROS as a Vendor, or
  2. Form a new Joint Venture (JV) company with a Sarawakian company. The JV company may submit the registration as a Vendor by complying with the requirements specified under the PETROS Registration Requirements section.
  3. Establish a business office in Sarawak. A trade License under the Businesses, Professions and Trades Licensing Ordinance Cap: 33 [Form 1-FOURTH SCHEDULE (Section 5, 23 and 24 (2)] is required.

*Note:  For the latest registration requirements, please refer to the Companies Commission of Malaysia/Suruhanjaya Syarikat Malaysia (SSM).

• Minimum Paid-Up Capital of RM100,000 (Private or Public Limited);
• Income Statement & Balance Sheet for the last Financial Year of RM50,000 (Partnership) and RM 5,000 (Sole Proprietorship)
• 100% shares owned by Sarawakian* (Agents/Principal/Sole Proprietorship);
• >50% shares owned by Sarawakian* (Private Limited or Partnership);
• >20% shares owned by Sarawakian* (Public Limited company);

*Note: Sarawakian refers to shareholder with Sarawak IC (with state code - 13, 50, 51, 52, 53 and letter K).

• Valid certification and license for each category of work applied where applicable (MOF/CIDB/DOE/UPKJ/SWEC/MUT/etc.);
• Products/goods supplied are in accordance with international standards (e.g. API, ASME, ASTM, etc.);
• Appointment as exclusive Agent must cover at least whole of Sarawak, with appointment letters directly issued by the original manufacturer principal addressed to the appointed agent. Principal to have minimum ten (10) years’ experience related to the respective category;
• Relevant expertise in management of operations, skilled employees and system for each category applied.

Note: Eligibility for participation in PETROS procurement activities shall be based on the categories approved and any further legislative requirement as stipulated in each respective tender document.

• Vendors are required to attach softcopies (in .PDF) of supporting documents during registration, where applicable.
• Required documents required for Private & Public Limited companies:
  1. Latest 2-years Annual Audited Financial Report.
  2. Trade License from Sarawak Government or your local authority.
  3. Statutory documents as below:
     

     STATUTORY DOCUMENTS FOR COMPANIES IN MALAYSIA [PRIVATE & PUBLIC LIMITED COMPANIES - WHERE APPLICABLE]
     SECTION TITLES	COMPANIES ACT 2016 SECTIONS	COMPANIES ACT 1965 FORMS
     Application for Registration of a Company	Section 14	Similar to previous Form 24, Form 44, and Form 49
     Notice of Registration	Section 15	[No previous similar form]
     Certificate of Incorporation of Private Company	Section 17	Form 9
     Notification of Appointment of First Company Secretary	Section 58 & 236(2)	Form 49
     Notification of Change in the Register of Directors, Managers, and Secretaries	Section 58	Form 49
     Notification of Change in the Register of Members	Section 51	[No previous similar form]
     Return for Allotment of Shares	Section 78	Form 24
     Instrument of Transfer of Securities	Section 105	Form 32A
     Application for Change of Name	Section 28	Form 11/Form 13A
     Declaration by Person before Appointment as Director, or by a Promoter before Incorporation of Corporation	Section 201	Form 48A
     Notice of Change in the Registered Address	Section 46(3)	Form 44
     Notice of Change in the Business/Branch Address and/or Nature of Business	Practice Directive 2/2017	[No previous similar form]

• Required documents required for Sole Proprietorship & Partnership companies are as follows:
  1. Company Registration Certificate from the Companies Commission of Malaysia (SSM).
  2. Income Statement & Balance Sheet for the last Financial Year.
  3. Trade License from Sarawak Government or relevant local authorities.
• Other supporting documents where applicable:
  1. Company profile with full details of track record – project title, scope, year, location, etc.
  2. For Sarawakian companies, a copy of company shareholders’ / director’s Identity Card (IC) to verify the Sarawakian ‘K’ status. Cross 2 diagonal lines on top left & write in between the 2 lines ‘FOR PETROS USE ONLY’.
  3. Authorised Signatory Letter from the Bank – This is a formal document issued by your company’s Bank, allowing specific individuals to manage a bank account on behalf of the account holder (vendor). This is to verify that the individual has been verified by the bank as the shareholder/director/ authorised person of the company.
  4. Certification with Government Bodies, Private Sectors & Public Sectors (e.g. MOF/DOE/NIOSH/UPKJ/SWEC/MUT* etc.).
  5. Valid appointment letter from the Principal Manufacturer for each item supplied and related technical information (catalogue, specification, supply experience and etc) for agents /suppliers which market manufacturer’s goods.

Note:

MOF - Ministry of Finance.
DOE - Department of Environment.
NIOSH - National Institute for Occupational Safety and Health.
UPKJ - Unit Pendaftaran Kontraktor & Juruperunding Sarawak.
SWEC - Standardised Work & Equipment Categories Code and Certificate is a mandatory upload if the answer is YES to any of the corresponding Supply Categories.

MUT - Ministry of Utility and Telecommunication.

• Registration is valid for three (3) years.
• Registration fee is required for new registration and renewal, based on the below:
  
  

  Paid Up Capital	Registration Fees
  	(Sarawakian Company)	(Non-Sarawakian Company)
  RM <100,000	RM 50	-
  RM 100,000 - RM 999,999	RM 100	RM 250
  RM 1,000,000 - RM 4,999,999	RM 200	RM 500
  Above RM 5,000,000	RM 300	RM 1,000

• Registration fee payment must be made within fourteen (14) days from the date of e-mail notification of successful registration is sent as per the payment instructions included in the email.

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