A company secretary is mandatory for any private limited companies incorporated in Malaysia, as stipulated by its Companies Act 1965. Every company must appoint at least one company secretary within 30 days after the Certificate of Incorporation from the Companies Commission of Malaysia (SSM) is received.
The appointment of a company secretary in KL or Malaysia, besides fulfiling a legal requirement, serves to ensure that the company adheres to corporate compliance obligations, as his or her core duties include drafting and lodging with the authorities the necessary documents required by law. In addition to maintaining the necessary legal papers, these core duties also include identifying and preventing non-compliance with company policies or legal framework, as failure to do so may result in severe consequences for the company and its management. Also, a company secretary plays an important role as a liaison officer between shareholders, directors and other invested parties, ensuring that all information and development related to the company is accurately conveyed in a timely manner, and mediating any differences that may arise.
Company Secretary in Malaysia
As a company secretary in Malaysia plays a crucial role in keeping the company in compliance with Malaysia’s business regulations, and much is expected where corporate skills, experience and work ethics are concerned, hiring a company secretary KL through a reliable and prestigious company secretary services provider has many benefits compared to appointing one on your own.
- Be familiar with all provisions of the Memorandum and Articles of Association of the company to ensure all procedures are adhered to.
- Be competent in the compliance of statutory and regulatory bodies in Malaysia.
- Be a liaison party for the company to communicate, prepare and submit required Statutory Returns with the Suruhanjaya Syarikat Malaysia (SSM).
- Be an advisor to the Board to protect the interests of the board and members and ensure the company’s annual general meeting is held before stipulated deadlines.
Preparation of Boards and Members’ Resolutions and attending meetings
- To attend board meetings and give general advice on matters relating to company secretarial matters as and when required.
- To act a link between shareholders and the company, ensuring important announcements be officially communicated.
- To handle the transfer of shares, splitting of shares certificate and issuance of duplicate share certificates.
- To handle the allotment of Shares, Rights/Bonus Issue and Declaration of Dividend.
- To send out notices (circular resolutions) and liaise with shareholders regarding any shareholder meetings and the Annual General Meeting (AGM) or Extraordinary General Meeting (EGM), if and when the company holds one.
- To file annual returns and full accounts and submit them in a complete and timely manner before stipulated deadlines.
Updating the Company’s Statutory Books and maintaining paperwork
- To record changes to the structure of the company in the company’s statutory registers, for example, the Register of Directors and Register of Members.
- To be responsible for the security and accuracy of important company documents, which include the certificate of incorporation, share certificates, meeting minutes, memorandum and article of associations and other important ones.