The sectary of a company in Malaysia needs to be a citizen of Malaysia with a permanent resident. The sectary must be licensed under Company Commission Malaysia. A company secretary Malaysia is not like a typical staff in the office, because that person is essential to establish your company.

However, the company sectary will ensure that the company can run properly in the country. He / She will deal with all documentation, legal documents and procedural matters of the company’s management. The company secretary is recognized by law as an officer of the Company.

Who can be a company secretary?

According to Section 139A (a) and (b) of the Companies Act 1965, a chartered accountant can be company secretary. But he or she must be registered within the Malaysian Institute of Accountants.

It is mandatory to attain his or her registration, from the Malaysian Institute of Chartered Secretaries and Administrators. The requirement to become a company secretary in Malaysia points out below:

• You must be at least 18 years old or above.
• You need to be a citizen of Malaysia & must have a permanent resident.
• Must be licensed under Companies Commission of Malaysia.

The company secretary can only make company registration under Companies Acts, 1965. The incorporation of a company is administrated by Suruhanjaya Syarikat Malaysia.

Company secretary appointment procedures

According to the company Acts 2016, every foreign company in Malaysia needs to appoint at least one company secretary. You must nominate the Malaysian sectary within 30 days from the date of incorporation of a business. You should not appoint a sectary unless-

• The person is qualified under the subsection of 235(2).
• The person is not disqualified under the section of 238.
• He or she agreed to sign legal papers to recruit as Secretary.

However, the board of director can only remove company secretary from the company following terms & condition. However, the sectary may also resign from his position by giving notice to the board (subjected to terms & conditions).

Disqualification to act as a company secretary

Since a company secretary plays a pivotal role in corporate governance, therefore he or she needs to put extra hours in the office if needed. You can be disqualified from the position of company secretary if –

• You are an undischarged bankrupt.
• You are convicted of any offense in Malaysia or abroad for a crime (Under section 1998)
• You are no longer a holder of legal license (under section 139B)
• You are not a member of the professional body (under section 139B).

However, the position of company sectary should not be left vacant for more than 30 days. If a company secretary is terminated, the position should be filled up by appointing a new secretary within 30 business days.

Summary

A company secretary helps to complete the registration procedure of your private limited company. It is the responsibility of the company secretary, to make sure that the company operates the following rules and regulation.

For the annual general meeting, all the administrative tasks will be carried out by the company secretary. To improve the benchmark of professionalism, a company secretary can take part in training courses.

The company secretary needs to interact with various stakeholders both internally and externally, including representatives of government agencies to make sure that all legal requirements are fulfilled. As a company secretary, it’s your responsibility to research and examine matters that are affecting the business.

Conclusion

If you want to establish a foreign company you must need to appoint a company secretary (must be a Malaysian citizen). Appointing a company sectary is the requirement of the Malaysian government to register a company within Malaysia. However, this article explains in details procedure of appointing company secretary and their roles.

However, if you want to hire a company secretary, you can contact us. Premier Three Consulting Firm is helping foreigners for setting up a business in Malaysia since 2016. We have experienced professionals who can solve out any business problems in Malaysia. Our fees and service are far better than others. According to our policies, we do not share your confidential information with others.

Do not hesitate to Contact Us today for immediate Service. Call/Whatsapp us now.