In Malaysia, appointing a qualified Company Secretary is a legal requirement under the Companies Act 2016 (Section 241). The Company Secretary plays a critical role in ensuring legal compliance, supporting directors, and maintaining statutory records.
At Paul Hype Page Malaysia, we offer professional corporate secretarial services tailored to meet regulatory obligations and promote smooth governance. Our experts help businesses stay compliant, organized, and ready to grow in Malaysia’s fast-evolving business environment.
Your Essentials for a Malaysia Company Secretary
Under the Companies Act 2016, all Malaysian companies must appoint a qualified Company Secretary within 30 days of incorporation. This is a legal obligation critical to corporate compliance.
Basic Eligibility Requirements:
- Must be a natural person, at least 18 years old
- A Malaysian citizen or Permanent Resident residing in Malaysia
- Free from criminal convictions and bankruptcy status
- Must hold either:
- A license from the Companies Commission of Malaysia (SSM) under Section 20G of the Companies Commission Act 2001, or
- Membership with a Ministry-recognized professional body (e.g., MAICSA, MICPA, MIA)
Choosing the right Company Secretary is essential for maintaining statutory records, meeting filing deadlines, and ensuring long-term business compliance in Malaysia’s corporate landscape.
Related Read: Requirements of a Company Secretary in Malaysia 2025
Minimum Qualifications To Be a Company Secretary
To qualify as a Company Secretary in Malaysia, individuals must meet both educational and professional experience requirements, depending on their academic background.
| Education Level | Minimum Experiences |
|---|---|
| Candidates with SPM or STPM | Minimum 5 years working experience |
| Those holding a certificate in company law, secretarial practice, management, business administration, or accounting | Minimum 3 years working experience |
| A diploma in the same field | Minimum 2 years working experience |
| Degree in the field of company law, company secretarial practise, management, business administration or accounting | Minimum 1 year working experience |
Can a Director Also Be the Company Secretary in Malaysia?
Yes, under Malaysia’s Companies Act 2016, a single director can also serve as the Company Secretary, but only if they meet the qualifications and licensing requirements set by the Companies Commission of Malaysia (SSM).
This dual role requires a strong grasp of corporate governance, statutory compliance, and administrative responsibilities. While legally permitted, it’s important to assess whether the individual can effectively manage both strategic and operational duties without compromising the company’s compliance or efficiency.
Key Factors to Consider When Hiring a Company Secretary in Malaysia
Choosing the right Company Secretary is vital for maintaining legal compliance and supporting business growth in Malaysia’s regulatory environment. Here are the essential traits to look for:
Hiring a Company Secretary in Malaysia who possesses these capabilities ensures your business remains compliant, efficient, and well-governed. For expert corporate secretarial support tailored to your business, reach out to Paul Hype Page Malaysia today.
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Our Malaysia Corporate Secretary Services
With extensive expertise in business registrations across Singapore, Malaysia, Indonesia, and Hong Kong, we specialize in incorporating Sdn Bhd companies in Malaysia. Our in-depth knowledge of the incorporation process and a proven track record of successful registrations position us as the trusted partner for your business needs. Allow us to simplify the process for you, ensuring a smooth, efficient, and hassle-free registration experience, so you can confidently build your business.
Roles & Responsibilities of a Malaysia Company Secretary
In Malaysia, the Company Secretary plays a critical role in ensuring legal compliance, supporting corporate governance, and maintaining smooth business operations. Appointed under the Companies Act 2016, this professional serves as a key advisor to both directors and shareholders, helping the company meet its statutory obligations.
Core Responsibilities Include:
- Maintaining statutory registers and company records
- Preparing and filing annual returns with the Companies Commission of Malaysia (SSM)
- Advising directors on corporate governance and compliance matters
- Coordinating board and shareholder meetings, including preparing resolutions and minutes
- Liaising with regulators such as SSM, IRBM, and other authorities
- Monitoring deadlines for tax filings, annual general meetings, and regulatory submissions
A qualified Company Secretary brings essential legal and administrative expertise, helping Malaysian companies mitigate risks and operate with integrity and efficiency.
Comprehensive Company Secretary Duties in Malaysia
In Malaysia, a Company Secretary plays a vital role in ensuring legal compliance, corporate governance, and operational integrity. Appointed under the Companies Act 2016, the secretary supports directors, liaises with regulatory authorities, and upholds statutory obligations across various functions.
Advise on Registration and Governance of a Company
A Company Secretary in Malaysia advises businesses on:
- Company incorporation and restructuring
- Mergers, acquisitions, and winding up
- Best practices in corporate governance
They ensure all changes comply with local regulations and align with the company’s strategic direction, supporting both compliance and sustainability.
Ensure the Company Abide to the Rules and Regulation Imposed by Government
Compliance extends beyond the Companies Act. A Company Secretary helps businesses meet requirements under:
- The Income Tax Act
- EPF, SOCSO, and SSM regulations
- Sector-specific licensing and registration obligations
They also liaise with relevant government bodies and advise when to engage legal or tax experts.
Document Meeting Minutes and Resolutions
Although Private Limited Companies (Sdn Bhd) are exempt from AGMs, board meetings still require the Company Secretary’s attendance to:
- Prepare meeting agendas and ensure compliance with legal protocols
- Draft and finalize Board Resolutions
- Record and distribute meeting minutes
Ensure Company Details Are Up to Date
Company Secretaries are responsible for:
- Keeping company records updated (directors, shareholders, share capital)
- Safeguarding the company constitution, minute books, resolutions, and financial statements at the registered office
- Notifying SSM within 30 days of any changes to company particulars
Record Financial Year End (FYE) of a Company
Company Secretaries assist in:
- Determining and formalizing the company’s financial year-end
- Preparing and filing audited or unaudited financial statements with SSM
- Ensuring the financial reports comply with Malaysian Financial Reporting Standards (MFRS/MPERS)
Appointment of Auditor
For companies not eligible for audit exemption (e.g., dormant or threshold-qualified), the secretary ensures:
- Timely appointment of a licensed auditor
- Obtaining consent to act from the auditor prior to filing
This ensures compliance with Malaysia’s audit regulations
Verification of Stakeholders’ Identity and Lodge Declaration of Beneficial Ownership
As part of the KYC process, the Company Secretary verifies:
- The identities and eligibility of all company stakeholders
- Collection and filing of Declaration of Beneficial Ownership with SSM
This step is crucial for transparency and anti-money laundering compliance in Malaysia.
Lodge of Annual Compliance as Per Required by SSM
The Company Secretary is responsible for submitting:
- Annual Returns (on the anniversary of incorporation)
- Financial Statements (within 6 months of the financial year-end)
They also:
- Coordinate shareholder meetings
- Prepare directors’ reports
- Submit filings via the MBRS (Malaysian Business Reporting System)
How to Appoint a Company Secretary in Malaysia
Appointing a Company Secretary is a mandatory step for all companies registered in Malaysia, in accordance with the Companies Act 2016.
Initial Appointment at Incorporation
The first Company Secretary is proposed during incorporation and noted in the company’s Articles of Association. This appointment must be formalized within 30 days of receiving the Certificate of Incorporation.
The appointed secretary is then responsible for submitting the relevant incorporation documents to the Companies Commission of Malaysia (SSM). The Registrar of Companies will record the secretary’s name in the official register within one month of submission.
Subsequent Appointments
Any future appointments or replacements of the Company Secretary must be made by board resolution. Once approved, the company must notify SSM using the appropriate forms and within the required time frame to stay compliant.
Outsourcing for SMEs
For SMEs in Malaysia that lack a full in-house legal or compliance team, engaging a corporate secretarial service provider is a practical solution. These professionals handle all statutory duties and filings, ensuring businesses meet regulatory obligations without the overhead of a dedicated legal department.
How to Remove a Company Secretary in Malaysia
Removing a Company Secretary in Malaysia must be done in accordance with the Companies Act 2016 and the company’s internal governance rules. Whether initiated by the Board or through a resignation, the removal process must follow these key steps:
Disqualifying a Company Secretary
In Malaysia, a Company Secretary must uphold strict professional and legal standards under the Companies Act 2016. Failure to meet these standards may lead to immediate disqualification and removal from office.
Grounds for Disqualification Include:
- Bankruptcy: If the Company Secretary is declared bankrupt, they are automatically disqualified from continuing in the role.
- Criminal Conviction: A conviction—whether in Malaysia or abroad—under the Companies Act or other serious offenses will result in disqualification.
- Loss of Professional Membership: If the secretary ceases to be a member of a Minister-prescribed professional body (e.g., MAICSA, MIA), they can no longer legally serve.
- Invalid License: If the Company Secretary’s license issued by the Companies Commission of Malaysia (SSM) is revoked, expired, or otherwise invalid, they must step down.
Strict adherence to these standards ensures that only qualified and compliant individuals serve in this critical role, safeguarding your company’s governance and statutory obligations in Malaysia.
Our 2 Decades of Proven Expertise Will Guide Your Business
With over 20 years of experience across Singapore, Malaysia, Indonesia, and Hong Kong, we’ve successfully incorporated more than 2,000 companies in various jurisdictions.
In Singapore, our high success rate in securing work passes and handling complex regulations reflects our commitment to client success
As trusted advisors, we use strategic networks and market insights to streamline the Singapore company registration process—helping businesses build a strong foundation in a competitive environment.
Frequently Asked Questions
We have handpicked the top questions that we get asked a lot when it comes to Company Secretary in Malaysia.
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