Frequently Asked Questions

Yes, it is a mandatory legal requirement for every incorporated company (Sdn. Bhd.) in Malaysia, as stipulated by the Companies Act 2016 (CA 2016). You must appoint a qualified Company Secretary within 30 days of your company's incorporation.

The secretary acts as the company's official liaison with the Companies Commission of Malaysia (Suruhanjaya Syarikat Malaysia - SSM), ensuring you remain compliant with all statutory regulations and avoiding penalties.

The Company Secretary's role is crucial for corporate governance and legal compliance, going far beyond general administration. Their main responsibilities include:

Statutory Compliance: Ensuring timely filing of documents, such as the Annual Return and Audited Financial Statements, with SSM.

Corporate Record-Keeping: Maintaining and updating all statutory registers (e.g., Register of Members, Register of Directors, Register of Beneficial Owners) and the company's Minute Book.

Governance Support: Advising the Board of Directors on their duties and responsibilities, as well as corporate governance best practices.

Meetings & Resolutions: Preparing for and attending Board and Shareholder meetings, drafting the necessary minutes and resolutions to legally document corporate decisions.

Corporate Changes: Handling all documentation and submission to SSM for changes to the company structure, such as changes in directors, shareholders, company name, or address.

A Company Secretary in Malaysia must be a natural person and must either be a member of a professional body prescribed by the Minister of Domestic Trade and Consumer Affairs (such as MAICSA or MIA) or be licensed by the Companies Commission of Malaysia (SSM).

This ensures they have the professional knowledge and ethical standing required to advise the company on the complex legal and regulatory environment under the CA 2016.

Failing to comply with the Companies Act 2016, such as late filing of the Annual Return or not having a qualified company secretary, can lead to severe consequences for the company and its directors. These include:

Financial Penalties: Imposition of late filing fees and substantial monetary fines by SSM.

Legal Action: Potential prosecution against the company and its directors.

Reputational Damage: Non-compliant status can affect business dealings, bank loan applications, and investor confidence.

Timely secretarial services are a critical investment to mitigate these risks.

Yes, our company secretarial services typically begin by assisting clients with the complete process of new company incorporation (Sdn. Bhd.) with SSM. This includes:

Conducting the name search and application.

Preparing and lodging the required incorporation documents.

Appointing the first directors and, of course, ourselves as the first Company Secretary.

Issuing the first statutory documents, like the Certificate of Incorporation (Section 17) and share certificates.