How to Increase Paid-Up Capital of a Sdn Bhd: Steps, Approvals and SSM Filing

By Axecta Management Services, Kuala Lumpur · Last verified: 29 October 2026

Short answer. A Sdn Bhd increases paid-up capital by allotting new shares and receiving payment for them. Under the Companies Act 2016, directors need the company’s prior approval by resolution (section 75), existing members get pre-emptive rights unless the constitution says otherwise (section 85), the register must be updated within 14 days (section 77) and a return of allotment lodged with SSM within 14 days (section 78).

Axecta provides company incorporation for companies across Malaysia. Talk to our team.

What “increasing paid-up capital” actually means

A Sdn Bhd does not “increase registered capital” by filing a form to raise a ceiling, because the Companies Act 2016 removed authorised capital and par value (see paid-up vs authorised capital). Instead, paid-up capital goes up when the company allots new shares and receives payment for them, or when members pay up a balance owing on partly paid shares.

There are four common routes:

Each has the same core legal skeleton, with extra paperwork for non-cash issues.

All references are to the Companies Act 2016.pdf).

SectionWhat it requiresDeadline or consequence
75Directors must not allot shares, grant rights to subscribe, convert securities or allot under an option unless the company has approved by resolution beforehandAn issue in breach is void and the consideration recoverable; directors who knowingly contravene commit an offence and can be liable for losses
75(2)Exceptions: pro-rata offers to members, pro-rata bonus issues, shares to a promoter, and shares for acquisitions after 14 days’ notice to membersRead the exact wording before relying on an exception
76Approval can be for one exercise or general, and conditional or not. It must be lodged with the Registrar within 14 days. It expires at the next AGM, or, for a company not required to hold an AGM, not more than 12 months after it was givenFine up to RM500,000 for the company and officers
85New shares ranking equally for voting or distribution must first be offered to existing holders so their relative rights are maintained, subject to the constitution. The notice states the number of shares and the time frame after which the offer is deemed declinedIf not taken up, directors may dispose of the shares in the way they think most beneficial to the company
77Register the allotment in the register of members within 14 days of allotmentFine up to RM50,000 plus a daily fine
78Lodge a return of allotment with the Registrar within 14 days, including a statement of capital and details of shares, amounts paid and allotteesFine up to RM10,000 plus a daily fine
51Notify the Registrar of changes in the register of members within 14 daysFine up to RM20,000 plus a daily fine
97-98A share certificate is issued on a member’s application, within 60 days of receiptMember can serve a 14-day notice (section 99)

For private companies the AGM rule matters: public companies must hold an AGM (section 340), so a private company’s section 76 approval is limited to not more than 12 months. See does a Sdn Bhd need an AGM.

Step-by-step: issuing new shares for cash

Need this done for you? Axecta’s company incorporation team can handle this for your company. See the company incorporation service.

  1. Define the deal. Agree the number of shares, the price, the class (ordinary or another class permitted by the constitution) and who subscribes. SSM’s FAQ suggests pricing by reference to financial performance, prospects and risks, in the company’s best interest.
  2. Read the constitution. Look for pre-emption wording, limits on classes of shares, and whether any special approvals are needed. If the company has more than one class, check the voting rights described under section 90.
  3. Offer to existing members first if section 85 applies. Send a notice with the number of shares offered and a deadline. Unsubscribed shares can then be placed elsewhere by the directors.
  4. Pass the resolution. A shareholders’ resolution gives the section 75 authority. For a private company this can be a written resolution (see written resolutions in a Sdn Bhd). Then the board resolves to allot on the terms. Understand which decisions belong where in directors’ vs shareholders’ resolutions.
  5. Lodge the section 76 approval with SSM within 14 days of the date of the approval.
  6. Receive payment into the company’s bank account and keep the bank evidence.
  7. Allot the shares by board resolution and update the register of members within 14 days.
  8. Lodge the return of allotment within 14 days of the allotment date with a statement of capital as at that date and the name, address, number and class for each allottee.
  9. Issue share certificates if the member asks, within 60 days of the application.
  10. Update the accounts and tax file. Tell your accountant the amount and date, and diarise the effect on the PR 8/2025 tests described below.

Capitalising a director or shareholder loan

Converting a loan into shares is common when a company needs a stronger balance sheet or banks ask for it. Treat it as a share issue with extra care:

Confirm tax and accounting treatment first.

Bonus issues, splits and other changes to share capital

What to lodge with SSM and how

SSM’s updating company information page lists the return of allotment of shares (section 78) among the services available through MyCoID. SSM’s earlier FAQs said only a company secretary registered as a MyCoID user could lodge it.

Two time-sensitive points as at October 2026 (see also SSM’s FAQ on shares):

Tax: time your issue around the basis period

LHDN’s rate page and PR 8/2025 tests paid-up ordinary share capital of not more than RM2.5 million at the beginning of the basis period for the year of assessment. It also tests ownership: from YA 2024, the rates are lost if more than 20% of paid-up ordinary share capital is held, directly or indirectly, by foreign companies or by individuals who are not Malaysian citizens. Also, a company that has just started operations may be exempt from submitting CP204 only if it keeps its paid-up ordinary share capital at or below RM2.5 million at the beginning of the basis period and for the following two years (paragraph 6.6.2 of the ruling).

Illustrative timing example

All figures are invented; the RM2.5 million threshold is from the ruling.

Whether to stage the investment or accept the 24% rate is a commercial and tax decision, so take advice. See share capital and the small company tax rate and the corporate tax rate guide.

Common mistakes

What it means for different companies

How Axecta helps

Axecta’s incorporation and secretarial team drafts the section 75 resolution, offer notice and allotment minutes, lodges the filings, updates the registers and prepares share certificates. We also coordinate with your accountant so the capital shown in the accounts, the register and the SSM record agree.

Next steps

  1. Write down the deal: shares, price, class, subscribers, date.
  2. Ask your secretary to check the constitution and whether PD 11/2026 applies.
  3. Run the PR 8/2025 tests before fixing the allotment date.
  4. Approve, receive payment, allot, update the register and lodge within 14 days.

Frequently asked questions

How do I increase the paid-up capital of my Sdn Bhd?

Allot new shares and receive payment for them. You need the company’s prior approval by resolution under section 75, must respect pre-emptive rights under section 85 unless the constitution disapplies them, update the register of members within 14 days and lodge a return of allotment with SSM within 14 days.

Do I need shareholder approval to issue new shares?

Generally yes. Section 75 prevents directors allotting shares unless the company has first approved by resolution, subject to listed exceptions such as pro-rata offers or bonus issues. The approval may be limited to a particular issue or general, and it has an expiry under section 76.

How long do I have to report the allotment to SSM?

Section 78 requires the return of allotment within 14 days from the allotment. The return includes a statement of capital as at the allotment date and details of each allottee. Failure is an offence carrying a fine of up to RM10,000 and a further daily fine under the Act.

Can a director loan be converted to shares?

Yes, in principle. It is an allotment for non-cash consideration, so you need a written agreement with the lender, the normal resolutions and, where the allotment is made under a written contract, the contract lodged with the return. Confirm the tax treatment with your adviser first.

Is there an SSM fee for lodging a return of allotment?

We could not confirm a specific fee on SSM’s published table of fees, which lists incorporation and name reservation but not this item separately. It also lists a general item for documents not specifically mentioned. Ask SSM or your company secretary what applies before budgeting.

What is a pre-emptive right?

Under section 85, shares that rank equally with existing shares must first be offered to current holders so that they can keep their relative voting and distribution rights, subject to the constitution. The offer sets a time frame, after which an unaccepted offer is deemed declined.

Can I issue shares to a foreigner?

The Companies Act 2016 does not forbid it, but sector licences, MIDA or KPDN conditions and the foreign-ownership test in LHDN’s PR 8/2025 can all be affected by the percentage. Check each of them before agreeing the percentage, the price and the closing date.

Does increasing paid-up capital change my tax rate?

It can. The small company rates require paid-up ordinary share capital of not more than RM2.5 million at the beginning of the basis period, and from YA 2024 no more than 20% held by foreign companies or non-citizens. A larger paid-up amount can cost you the 15% and 17% bands.

Planning a share issue?
Axecta Management Services is a full-suite accounting, company secretarial and consulting firm in Kuala Lumpur, serving companies from SMEs to MNCs.
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Official sources to check

This article is general information and not legal, tax or accounting advice for your company. Rates, thresholds, deadlines and procedures change, so confirm current requirements with the sources above or with Axecta.