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2.1 Classification of companies
2.1.1 Companies can generally be classified as:
➢ limited and unlimited liability companies; and
➢ public and private companies.
Section 10(1) CA 2016 states that a company may be incorporated as
➢ a company limited by shares;
➢ a company limited by guarantee; or
➢ an unlimited company.
2.1.2 Companies formation
Requirements for Company Incorporation
The incorporation of companies under the Companies Act 2016 may be made
by individuals who intend to form a company.
The basic requirements are:
➢ Private company - at least one (1) director who ordinarily resides in Malaysia
by having a principal place of residence in Malaysia and one (1) promoter; or
➢ Public company - at least two directors who ordinarily reside in Malaysia by
having a principal place of residence in Malaysia and minimum one promoter.
Capital Structure
Capital structure is the particular combination of debt and equity used by a company to
finance its overall operations and growth. Equity capital arises from ownership shares in a
company and claims to its future cash flows and profits.
Debt
Assets
Capital Structure
Equity
Figure 2.1
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