Reinstatement of Struck-Off Companies in Malaysia

Awards and Recognition

We are proud to be nominated as the top finalists of "Litigation Law Firm of the Year", "Dispute Resolution Boutique Law Firm of the Year", "Regional Litigation of the Year"and "Malaysia Law Firm of the Year" by ALB (Asian Legal Business) Law Awards 2017, 2018 and 2019 for Malaysia and South East Asia.

Corporate Litigation & Company Restoration

Low & Partners provides legal services in relation to the reinstatement of struck-off companies in Malaysia. We act for directors, shareholders, creditors, liquidators, and other affected parties who require legal assistance to restore a company to the register under the Companies Act 2016.

A company may be struck off by the Companies Commission of Malaysia, also known as SSM, due to non-filing of returns, dormancy, inactivity, failure to respond to notices, or other regulatory reasons. Once a company is struck off and dissolved, it loses its legal status. It can no longer trade, enter into contracts, sue, or be sued in its own name.

However, the striking off of a company does not always resolve all outstanding matters. There may still be unpaid debts, assets registered under the company, pending legal proceedings, unresolved disputes, or liabilities involving directors, officers, shareholders, or creditors.

In such circumstances, reinstatement may be necessary to restore the company’s legal existence and allow the relevant matters to be properly addressed.

Our team advises and represents clients in High Court applications to reinstate struck-off companies under section 555 of the Companies Act 2016. We provide practical and strategic legal support to help clients protect their rights, recover assets, revive legal proceedings, resolve liabilities, and regularise corporate affairs.

Our Reinstatement of Struck-Off Companies Services Include:

Reinstatement Applications under the Companies Act 2016

We assist clients with High Court applications to restore struck-off companies to the register.

Our services include:

Advising on applications to reinstate a struck-off company;

Acting for directors, shareholders, creditors, liquidators, and other aggrieved persons;

Liaising with SSM where required;

Advising on the legal effect of a reinstatement order.

Post-Reinstatement Legal Support

After a company is restored to the register, further steps may be required to regularise its corporate affairs and deal with outstanding matters.

Our services include:

Advising on the legal effect of the court order;

Assisting with lodgement of the reinstatement order with the Registrar;

Advising on outstanding compliance, liabilities, disputes, or transactions;

Assisting clients to deal with the company’s affairs after restoration;

Why Reinstatement May Be Necessary

Reinstatement is not merely a procedural step. It may be necessary to achieve wider legal or commercial objectives.

A company may need to be restored where:

There are assets still registered under the company;

The company has outstanding debts or liabilities;

Creditors need to pursue recovery;

The company is involved in pending litigation;

Legal proceedings need to be commenced, continued, or defended;

There are unresolved shareholder or director issues;

The company was still carrying on business when it was struck off;

The company’s corporate records need to be regularised.

Our approach is practical and strategic. We consider not only whether reinstatement is legally possible, but also whether it supports the client’s wider objective, such as recovering assets, resolving disputes, reviving legal proceedings, or regularising corporate affairs.

Frequently Asked Questions (FAQ)

What does it mean when a company is struck off?

When a company is struck off, its name is removed from the register of companies. Upon dissolution, the company ceases to exist as a legal entity and generally cannot trade, enter into contracts, sue, or be sued in its own name.

If your company has been struck off, you may wish to seek legal advice promptly to understand whether reinstatement is possible and what steps should be taken next.

Why would a company be struck off?

A company may be struck off due to non-filing of annual returns, inactivity, dormancy, failure to respond to SSM notices, or where the Registrar has reason to believe that the company is no longer carrying on business or in operation.

Our team can assist in reviewing the reason for the striking off and advising whether there are grounds to apply for reinstatement.

Can a struck-off company be restored?

Yes. Under section 555 of the Companies Act 2016, an application may be made to the High Court to restore a struck-off company to the register within seven years from the date it was struck off.

Speak to our corporate litigation lawyers to assess whether your company falls within the reinstatement timeline and whether a High Court application may be appropriate.

Who can apply to reinstate a struck-off company?

An application may be made by a person who is affected by the striking off. This may include directors, shareholders, creditors, liquidators, persons with claims against the company, or other persons aggrieved by the company’s dissolution.

If you are affected by a company’s striking off, our lawyers can advise whether you have standing to apply for reinstatement.

When is reinstatement necessary?

Reinstatement may be necessary where the company still has unresolved matters, such as pending court proceedings, outstanding debts, assets held under the company’s name, ongoing business activity, or unresolved shareholder, director, or creditor issues.

What must be shown to the Court?

The Court may consider whether the company was carrying on business or in operation at the time it was struck off, or whether it is just and equitable for the company to be restored to the register. Supporting evidence will usually be required.

We can assist in preparing the necessary court documents, supporting affidavits, and evidence for your reinstatement application.

What happens after the Court grants reinstatement?

Once the Court grants the reinstatement order and the order is lodged with the Registrar, the company is generally treated as having continued in existence as if it had not been struck off.

Our team can guide you through the post-reinstatement steps, including lodgement of the court order and corporate regularisation.

Do directors and shareholders remain liable after the company is struck off?

The striking off of a company does not automatically remove all liabilities. The liability of directors, officers, and members may continue and may be enforced as though the company had not been dissolved.

Directors, shareholders, and officers should obtain legal advice to understand their continuing obligations and potential exposure after a company has been struck off.