In Malaysia, the role of a Company Secretary is significant for legal adherence as well as a company’s success. To comply with Section 241 of the Companies Act 2016, companies are required to appoint a qualified Company Secretary to share legal responsibilities with the director. There is a need for Company Secretaries to fulfill various criterias which ensure professionalism in order for such companies to be able to operate with the support of knowledgeable and competent support.
At Paul Hype Page, we understand the critical role that a Company Secretary plays in ensuring compliance, governance and smooth operations for businesses in Malaysia. As a leading provider of corporate secretarial services, we offer comprehensive solutions to meet the diverse needs of companies operating in this dynamic business landscape.
Malaysia Company Secretary: Things You Need to Know
A Company Secretary must be:
- Appointed 30 days from the date of incorporation.
- A Natural Person and above 18 years old.
- A Malaysian citizen or Permanent Resident in Malaysia.
Such individual must reside in Malaysia by having a principal place of residence.
- Not convicted of any crime or declared bankruptcy.
- A member of at least one professional body.
In Malaysia, a Company Secretary must meet specific requirements as set forth by the Companies Commission of Malaysia and the Ministry of Domestic Trade, Cooperative, and Consumerism. The individual must either hold a license from the Companies Commission of Malaysia under Section 20G of the Companies Commission of Malaysia Act 2001 or a member of one of the professional bodies prescribed by the Ministry.
Minimum Qualifications :
|Sijil Pelajaran Malaysia (SPM) / Sijil Tinggi Pelajaran Malaysia (STPM)
||Minimum 5 years working experience
|Holders of a certificate in the field of company law, company secretarial practise, management, business administration or accounting
||Minimum 3 years working experience
|Diploma in the field of company law, company secretarial practise, management, business administration or accounting
||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
Compliance and Adherence With the Statutory Requirements and Regulations
A Company Secretary plays the role to maintain proper corporate records, assisting in the preparation and submission of necessary documents to regulatory authorities, and providing advice on corporate governance matters.
A Single Director and Company Secretary Can Be the Same Individual
This means that if the company has only one director, he/she can also assume the role of the Company Secretary. However, it is essential to ensure that the individual possesses the necessary qualifications, expertise, and capacity to fulfill both roles effectively.