Malaysia Secretary

It’s mandatory for every company being registered as Private Limited (Sdn Bhd) to have at least one Company Secretary as required by Section 139 of the Companies Act, 1965. In Malaysia, most of the public listed companies have their own secretarial departments where all corporate legal matters will be handled by their in-house company secretaries. However, having an in-house company secretary seems impossible and impractical for some Small and Medium-sized Enterprises (SMEs) due to the limited budget. As such, most companies will engage the secretary services of an external secretary of professional secretarial firms to perform all company secretarial matters.

Malaysia Company Secretary

Who is Malaysia Company Secretary?

According to the Companies Act, the eligible company secretary must be fulfilling the following criteria:

  • He or she must be of full age (18 years old) with his principal or only place of residence in Malaysia and,
  • Must be either a member of a professional body approved by the Ministry, or a licensed secretary granted by the SSM Malaysia (Companies Commission of Malaysia, CCM) pursuant to section 139 of the Companies Act and,
  • Must not be a bankrupt and is not convicted of any offence under Section 130 (1) of the Companies Act.

The List of Approved Professional Bodies By The Minister:

Malaysia Company Secretary

The Malaysian Association of The Institute of Chartered Secretaries and Administrators (MAICSA)

Malaysia Company Secretary

Malaysian Association of Company Secretaries (MACS)

Malaysia Company Secretary

The Malaysian Institute of Accountants (MIA)

MACPA

Malaysian Association of Certified Public Accountants (MACPA)

Malaysia Company Secretary

The duties of a licensed Malaysia secretary as appointed by the Board of Directors of a limited company include the following:

  • Conducts all legal and procedural matters as required by the Companies Act 1965
  • Conducts all other applicable laws fall under the duties of a Company Secretary.

Malaysia Company Secretary

Malaysia Registration & Secretary Company

In Malaysia, whoever wants to start a business and to register a limited company in Malaysia, the said person needs to engage a licensed company secretary to assist him or her in the company incorporation matters. The registration and incorporation of new company in Malaysia can only be done through the company secretary where the appointed company secretary will prepare all necessary documents and go through all registration processes with the cooperation from the directors to get the new company successfully registered with SSM Malaysia under the provisions of the Companies Act, 1965.

Roles and Responsibilities of a Company Secretary for a Company in Malaysia

Other than company incorporation, a company secretary is also important to a company or business as he or she will assist the following:

Malaysia Secretary

Helps to prepare and file the Annual Returns of the company to the companies’ commission of Malaysia.

Malaysia Secretary

Provides comprehensive practical support and guidance to directors and non- executive directors.

Malaysia Secretary

Acts as a primary point of contact for institutional and other shareholders, especially with regard to matters of Corporate Governance.

Malaysia Secretary

Safeguards and protects the interest of the company in matters with relevant to all legal, statutory, administrative and other policy matters of the company.

Malaysia Secretary

Ensures appropriate compliance to procedure for the appointment of directors and assist in the induction of directors, including assessing the specific training need of directors & executive management.

Malaysia Secretary

Assists the company in compliance to various statutory requirements including preparing and submitting of statutory returns with the companies commission of Malaysia.

Malaysia Secretary

Offers advisory services on company secretarial matter to ensure the company complies with all the requirement under the Companies Act of 1965 (The roles and duties of a company secretary in Malaysia are defined in the secretary association and licenses that are governed and regulated by the Company Commission of Malaysia).

Lastly, the Company Secretary always act as a key member of the company in the implementation of corporate acquisitions, disposals and mergers, while protects the company’s interests by ensuring the effectiveness of all documentation, ensuring due diligence disclosures, enabling proper commercial evaluation prior to completion of a transaction as well as ensuring timely execution of documentation etc.

If you are planning to incorporate your company in Malaysia and you need a hand in company secretary, Find a professional team with offer not only company secretary service but end-to-end company incorporation services that suit your business needs. You can always explore our website or simply contact us. We will respond and assist you to realize your business dream.