MALAYSIA CORPORATE SECRETARY

Stay up to date and compliant to the latest regulations after your company incorporation when you appoint us as your trusted Malaysia company secretary. No more missing important deadlines and unknowingly breaking the laws as we guide you to full compliance according to The Company Act.

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Malaysia Company Secretary2022-08-31T14:39:24+08:00

MALAYSIA COMPANY SECRETARY: THINGS YOU NEED TO KNOW

Discover the important bits to Malaysia company secretary that every entrepreneur, investor, and business owner should take note.

Paul Hype Page & Co. corporate service professionals
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DUTIES & RESPONSIBILITIES OF A COMPANY SECRETARY IN MALAYSIA

Focus on running your business while your dedicated company secretary assigned do the rest. Our Malaysia corporate secretary service empowers you to grow your business.

Role of Malaysia Company Secretary
  • Annual General Meetings (AGM)

  • General Meetings

  • General Compliance

  • Statutory Returns
  • Report & Accounts
  • Share Registration
  • Shareholder Communication
  • Shareholder Monitoring

  • Share & Capital Issues, Transfers & Restructuring
  • Company Seal

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MALAYSIA CORPORATE SECRETARY FAQs

We’ve handpicked the top 9 questions that we get asked a lot when it comes to company secretary in Malaysia.

What are the core duties of a Corporate Secretary?2021-06-04T21:23:18+08:00

They should be well-versed with the following,

  1. Duty in relation to registered office and registers to be present at the registered office of the company, maintain registered and provide statutory documents.
  2. Duty to act honestly and use reasonable diligence in managing the meetings and resolutions or advising of statutory and governance requirements.
  3. Duty as reporting institutions to comply with Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
  4. Duty as member of approved body to upkeep their practising certificate and to engage in Continuing Professional Education.
  5. Duty relating to practicing certificate in acting in his capacity as a secretary.
What should I look out for when appointing a Corporate Secretary?2021-06-04T21:20:55+08:00

The candidate should meet the following criteria;

  1. A natural person
  2. 18 years old and above
  3. A citizen or permanent resident of Malaysia
  4. A person holding required license, qualification or practicing certificate
  5. Highly knowledgeable and hold a keen interest in company law and governance.
  6. Keen eye for detail
  7. Work well with people from all levels.
  8. Write clearly and fluently.
  9. Adept at processing high volumes of information.
  10. Trustworthy, as the user will be handling a bunch of confidential documents.
  11. Residing in Malaysia.
  12. … and more

There are more factors to take note when looking for one and you can refer to them over here.

Do I need a Corporate Secretary for my company?2021-06-04T21:17:16+08:00

Yes, it is mandatory to appoint a Corporate Secretary under the Companies Act 2016. Every company should have at least one Corporate Secretary.

The Double Tax Treaty is an avoidance of double taxation agreement between whom and what is its purpose?2021-06-07T21:21:31+08:00

Double Tax Treaty is an agreement between governments and not states or counties or provinces with the purpose of avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income.

Can shares be transferred to previous owner of the same shares?2021-06-07T20:07:10+08:00

There are no restrictions regarding the ownership of shares by someone who has previously owned the same shares of the same Sdn Bhd company. Therefore, shares of a Sdn Bhd company can be transferred to a previous owner of those same shares. Of course, the final outcome of such a share transfer, as is the case with any other share transfer, is dependent on the consent of the existing owner of the share.

Is there a limit to how many shares can be transferred at once?2021-06-07T20:02:14+08:00

A shareholder cannot transfer an unlimited number of shares. This is because there must be a limit to how many shares are available to be purchased. When any company in Malaysia first commences its business operations, it will issue a certain number of shares. Therefore, the number of shares transferred by the shareholder can exceed neither the number of shares held by the individual who is transferring the shares or the company.

Are all companies in Malaysia required to hold EGMs?2021-06-07T20:09:04+08:00

In Malaysia, there is no statutory requirement for any company to hold any extraordinary general meetings (EGMs). Only annual general meetings (AGMs) are legally required to be held according to the latest edition of Malaysia’s Companies Act.

However, this lack of legal requirement regarding EGMs might not necessarily extend to certain companies. This is the case because such companies have stipulations regarding the holding of EGMs within their company regulations or Articles of Association. Such stipulations may sometimes require the company to hold an EGM at certain points. Any such stipulations are required to be followed unless they are amended at any point. In this regard, the holding of an EGM differs from the holding of an AGM in Malaysia because a company must hold an AGM even if it not bound by stipulations contained in its Articles of Association.
The Companies Act contains further information related to the holding of AGMs and EGMs in Malaysia.

Can Business Entities other than Sdn Bhd Companies be struck off or wound up?2021-06-07T20:10:53+08:00

Sole proprietorships and partnerships are not closed down in the same way as are Sdn Bhd companies. Thus, they are neither struck off nor wound up in the conventional manner. 

How is Income Tax submitted in Malaysia?2021-06-07T21:23:01+08:00

Every individual who is to be taxed is required to declare income to IRB. The taxpayer is responsible for obtaining and forwarding the Income Tax Return Form (ITRF)The taxpayer has to submit an ITRF that has been duly completed before April 30 every year. 

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EXPERT GUIDES ON MALAYSIA CORPORATE SECRETARY

Equip yourself with business knowledge to ensure that you engage the right company secretary for your business and how you can stay compliant with Malaysia’s Company Act 2016.

Should I Open A Subsidiary or A Branch in Malaysia
Transferring the Shares of a Sdn Bhd Company in Malaysia
Core Duties of a Company Secretary in Malaysia
Core Duties of a Company Secretary in Malaysia

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