How To Design MLM Compensation Plan?
13 Oct, 2023To set up a multi-level marketing (MLM) company in Malaysia, there are several requirements and steps that need to be followed:
The company must comply with the Direct Sales Act (DSA) 1993 and the Direct Sales Regulations 1993. These regulations are design to protect consumer rights and interests, govern distributor, promoting ethical sales activities, and ensure no company involved in pyramid schemes or 'get-rich-quick' scheme
The company must be incorporated under the Companies Act 1965 and obtain a valid license as per Section 6 of the DSA 93 from Companies Commission of Malaysia (SSM). This is a prerequisite for carrying out any direct sales business in Malaysia
In MLM, the company recruits members or distributors to sell its products or services. These members then appoint others to form their network, known as downlines, and are entitled to commissions or incentives from their sales
The paid-up capital for a Multi-Level Marketing license must be at least RM500,000 for Bumiputera companies and RM1,500,000 for non-Bumiputera companies
The marketing plan of the company must not include misleading presentations or overemphasize high bonuses to mislead participants. It should comply with the Direct Sales (Scheme and Conduct) Regulations 2001, ensuring incentives are based on sales volume and not recruitment, and preventing mandatory high purchases of products by members
The application process involves preparing necessary documents, submitting the application to the Ministry of Domestic Trade and Consumer Affairs (KPDNHEP), undergoing a review and site inspection, and finally receiving approval or rejection. This process can take up to 90 working days and above.
The annual license fee is RM 500, payable to the Secretary General of the Ministry of Domestic Trade, Cooperatives, and Consumerism via bank draft or money order
The company must be registered with the Companies Commission of Malaysia (SSM) or the Registrar of Societies (ROS), have a registered office in Malaysia, and have a local director who is a Malaysian citizen. The paid-up capital requirement for a private company is at least RM100,000 and RM200,000 for a public company.
By adhering to these requirements and procedures, a company can legally set up and operate an MLM business in Malaysia.
Disclaimer : Reader is required to approach relevant government agency for latest update as regulation will be updating regularly.