Appointing a qualified Company Secretary in Malaysia is not just good practice – it’s a legal requirement under the Companies Act 2016 (Section 241). The Company Secretary plays a central role in maintaining statutory records, advising directors, and ensuring your company stays compliant with the Companies Commission of Malaysia (SSM) and other regulators.
At Paul Hype Page Malaysia, we provide professional corporate secretarial services tailored to Sdn Bhd companies and foreign-owned entities. Our team supports you from incorporation through ongoing compliance, so you can focus on growth while we handle governance, filings, and deadlines.
Your Essentials for a Malaysia Company Secretary
Under the Companies Act 2016, every Malaysian company must appoint at least one qualified Company Secretary within 30 days of incorporation. Failing to do so is a breach of statutory duty.
Basic Eligibility Requirements
A Company Secretary in Malaysia must:
- Be a natural person, at least 18 years old
- Be a Malaysian citizen or Permanent Resident residing in Malaysia
- Be free from bankruptcy and not convicted of offences involving fraud or dishonesty
- Hold one of the following:
- A valid Company Secretary licence issued by SSM under Section 20G of the Companies Commission Act 2001; or
- Membership with a prescribed professional body, such as MAICSA, MIA, MICPA, or similar bodies recognised by the Ministry
Choosing the right Company Secretary is critical for:
- Maintaining accurate statutory records
- Meeting SSM and regulatory filing deadlines
- Avoiding penalties, late filing fees, and compliance risks
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, an individual must meet both licensing/professional requirements and experience standards, 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 the Companies Act 2016, a director can also act as the Company Secretary, provided they:
- Meet all qualification and licensing requirements; and
- Are able to carry out both roles effectively
However, combining these roles can be demanding. A director–secretary must balance:
- Strategic responsibilities as a board member
- Operational and compliance duties as Company Secretary
Most companies – especially foreign-owned entities and growth-stage businesses – prefer appointing an independent professional Company Secretary to reduce risk and ensure objective governance.
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 is a key officer responsible for legal compliance, corporate governance, and administrative continuity.
Core Responsibilities
- Maintain statutory registers and company records
- Prepare and lodge:
- Annual Returns
- Changes of directors, shareholders, and share capital
- Advise directors on:
- Corporate governance duties
- Statutory obligations and timelines
- Coordinate:
- Board of Directors’ meetings
- Shareholders’ meetings
- Resolutions and minutes
- Liaise with regulators such as:
- SSM (Companies Commission of Malaysia)
- Lembaga Hasil Dalam Negeri Malaysia (LHDN)
- Other sector regulators where applicable
- Monitor key compliance deadlines and ensure timely filing
A qualified Company Secretary helps your company mitigate risks, avoid penalties, and operate with transparency and integrity.
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 mandatory and must follow procedures under the Companies Act 2016.
Initial Appointment at Incorporation
- The proposed Company Secretary is typically identified during incorporation
- The appointment must be formalised within 30 days of the issuance of the Certificate of Incorporation
- The secretary then files the required incorporation forms and is recorded by SSM as the company’s official secretary
Subsequent Appointments & Changes
- Any change of Company Secretary must be approved via board resolution
- The company must notify SSM of the appointment or cessation within the prescribed timeframe
- All statutory records must be updated to reflect the new Company Secretary
Outsourcing for SMEs & Foreign-Owned Companies
Many SMEs and foreign-owned companies in Malaysia choose to outsource the Company Secretary role to a professional firm. This provides:
- Immediate access to experienced compliance professionals
- Lower cost than maintaining an in-house legal or governance team
- Peace of mind that all statutory obligations are being managed professionally
How to Remove a Company Secretary in Malaysia
Removal or resignation of a Company Secretary must comply with:
- The Companies Act 2016; and
- The company’s constitution and internal governance procedures
Key Steps in Removal or Resignation
- Board Resolution
- The Board may remove a Company Secretary via a formal resolution
- Alternatively, the Company Secretary may resign by giving written notice
- Notify SSM
- The company must lodge a notification of cessation with SSM, usually within 14 days
- Appoint a New Company Secretary
- A new qualified Company Secretary must be appointed within 30 days of the vacancy
- Update Internal Records
- Update statutory registers, secretarial files, internal records, and any relevant documents
Failure to follow these steps within the prescribed timelines can result in non-compliance penalties.
Disqualifying a Company Secretary
A Company Secretary must maintain high professional and ethical standards. Under the Companies Act 2016, certain events may cause automatic disqualification.
Common Grounds for Disqualification
- Bankruptcy
- A declared bankrupt cannot continue to act as Company Secretary
- Criminal Convictions
- Convictions under corporate, fraud, or serious criminal offences (in Malaysia or abroad) may disqualify the individual
- Loss of Professional Membership
- If the secretary ceases to be a member of a prescribed professional body (e.g. MAICSA, MIA), they can no longer serve in that capacity
- Invalid or Revoked Licence
- If the SSM-issued licence is revoked, suspended or expires without renewal, the individual must step down
Strict enforcement of these requirements ensures that only qualified and compliant professionals serve as Company Secretaries 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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