What is Berhad (BHD)?
"Berhad" (BHD) is a statutory type of company used in Malaysian company law. "Berhad" means "Limited" in Malaysian, similar to "Limited" in English. It indicates that the shareholders' liability for the company's debts is limited.
"Berhad" companies are registered and regulated by the Malaysian Companies Commission. This type of company is typically suitable for large enterprises or public companies, aiming to provide shareholder protection and legal recognition as an entity. "Berhad" companies have a separate legal identity, can own property, enter contracts, sue, and be sued.
Characteristics of "Berhad" Companies
The main features include:
- Limited Shareholder Liability: Shareholders of "Berhad" companies have limited liability for the company's debts. The liability is limited to the amount of their shareholdings. This means that if the company faces financial issues or bankruptcy, the shareholders' personal assets are typically not used to pay off the company's debts unless there is misconduct.
- Separate Legal Identity: "Berhad" companies have a separate legal identity and are independent legal entities with their own rights and responsibilities. They can independently own property, enter into contracts, sue, and be sued, allowing the company to engage in business activities in its name.
- Unlimited Number of Shareholders: "Berhad" companies have no restriction on the number of shareholders, which can include individuals, companies, or other entities. This allows the company to attract more investors and shareholders, increasing its capital base.
- Ease of Share Transfer: Shares in a "Berhad" company can be relatively easily transferred to other shareholders or third parties, providing liquidity and flexibility for shareholders to adjust their interests in the company as needed.
- Public Transparency: As a type of public company, "Berhad" companies are required to comply with relevant laws and regulatory requirements, including public disclosure of financial information and annual reports. This enhances the transparency of the company, allowing investors and stakeholders to understand its operations and financial status.
- Regulatory Requirements: "Berhad" companies are regulated and supervised by the Malaysian Companies Commission and must comply with various statutory requirements, including corporate governance, financial reporting, and shareholder rights protection.
These characteristics make "Berhad" companies a widely accepted and recognized type of company, suitable for businesses looking to trade equity on the public market and comply with stringent legal and regulatory requirements.
Differences Between BHD and SDN BHD
BHD and SDN BHD are common abbreviations in Malaysian company names, differentiated by company type and legal status:
BHD (Berhad):
BHD stands for "Limited" and represents a type of public limited company under Malaysian company law. BHD companies are suitable for large enterprises or public companies, with limited shareholder liability and shares that can be traded on the public market. BHD companies must adhere to stricter legal requirements, including public financial disclosures and governance standards.
SDN BHD (Sendirian Berhad):
SDN BHD stands for "Private Limited" and represents a type of private limited company under Malaysian company law. SDN BHD companies are suited for small to medium-sized enterprises or privately held companies, with limited shareholder liability but shares that cannot be freely traded on the public market. SDN BHD companies face fewer legal and regulatory requirements, such as not having to publicly disclose financial information.
BHD companies are a type of public limited company suitable for large enterprises or public companies, whereas SDN BHD companies are a type of private limited company suited for small to medium-sized enterprises or privately held companies. They differ in shareholder liability, share transferability, and legal status, depending on the company's size, ownership structure, and business needs.