- Must be a natural person.
- Must be 18 years old and above.
- A citizen or Permanent Resident of Malaysia
- Who ordinarily reside in Malaysia by having a principal place of residence in Malaysia.
- The office of company secretary in a company shall not be left vacant for more than 30 days at any one time.
- The secretary is not a clerical nor a secretarial staff in general sense but is entrusted with legal responsibilities.
- A company secretary is playing an important role and every company must have at least one named Company Secretary.
- The Company Secretary is to ensure that their Clients comply with relevant legislation and regulations, and keep the Board of Directors informed of their legal responsibilities.
A person is qualified to act as a Company Secretary provided he is either:
a) A Member of a Prescribed Body
- Malaysian Institute of Chartered Secretaries and Administrators (MAICSA);
- Malaysian Institute of Accountants (MIA);
- Malaysian Institute of Certified Public Accountants (MICPA);
- Malaysian Bar;
- Sabah Law Association;
- Advocates Association of Sarawak; or
- Malaysian Association of Company Secretaries (MACS); or
b) Licensed by the Companies Commission of Malaysia
A person shall be disqualified to act as a company secretary if:
- He is convicted whether within or without Malaysia of any offence
- He is an undischarged bankrupt
- in connection with the promotion, formation and management of a company;
- convicted imprisonment for 3 months or more for fraud or dishonesty
- He ceases to be a member of the body prescribed by the Minister
- He ceases to be a holder of a valid license issued by their prescribed bodies
- As a liaison officer between the Directors and Shareholders.
- Act as a communication channel between the Company and Suruhanjaya Syarikat Malaysia (SSM) and others legislative departments.
- Understand and interpret the requirements and obligations in Memorandum and Articles of Association.
- Maintain statutory registers by keeping and updating the statutory books.
- Update changes of Company’s information to SSM from time to time.
- To ensure Companies Act 2016 is complied by their clients.
- To handle all paperwork, statutory documents and procedural matters which involve the operation of a company.
- To file audited financial statements and annual return within the stipulated deadline.
- Oversee and make arrangement to allow shareholders and others to inspect certain statutory books of the company.
- To protect clients’ assets (company’s statutory registers).
- To send out notices of all board of directors’ meetings and general meetings, organise meetings, attend and record minutes of meetings.
- Implement the decision of board and general meetings
- Ensure required legal documentations are prepared.
- Ensure all statutory returns are lodged on time.
- To keep and maintain various registers at the registered office of the company.