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Company Formation in Malaysia
What is Company Secretary?
The use of word Secretary in the name of this specialization is a bit
misleading for one who is new to the concept. A Company Secretary is a
professional whose role in a corporate set up in that of an advisor for
legal matters. He or She is a very important member of the Company’s Management.
A Company Secretary has been recognized by corporate law as one of the officers
of the Company. The knowledge that he or she acquires during training makes them
versatile enough to carry out functions in various areas like Finance, Accounts,
Legal Administrations and Personnel Division.
In large and medium size business organizations, a company secretary role
includes incorporation of the Company, processing applications for
management appointments, remunerations, inter-corporate investment and loans,
handling public issues including listing of shares and debentures,
conducting both board and general meeting, maintenance of records,
registers and minutes of the meetings.
In short, it would suffice to say that all legal and procedural matters
as per the Companies Act and all other applicable laws fall under the duties of a
Company Secretary.
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Who can be a Company Secretary?
Every company shall have one or more secretaries, each of whom shall be a natural person of full age.
With effect 10th September 1992, NO PERSON shall act as a company secretary to a company unless:-
- He is a member of a professional body, or any other body, which has for time being prescribed by Minister or;
- He is licensed by the Registrar of Companies. Any person who contravences the above requirement shall be
guilty of an offence against the Companies Act, shall be liable to a penalty not exceeding five thousand ringgit.
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Yes, how and where do I form a business in Malaysia?
A person who intends to do business in Malaysia must first register a business firm or incorporate
a company with Suruhanjaya Syarikat Malaysia and to enable us to incorporate your
company in Malaysia a qualified individu having license Company Secretary is compulsory by the companies Acts,
1965 to be appointed to perform the duties.
The registrations for company only can be done by the Company Secretary
A registered company is a company incorporated or formed by registration under Companies Acts, 1965.
The incorporation is administered by the Suruhanjaya Syarikat Malaysia.
Both registrations come under the jurisdiction of the Ministry of Domestic Trade And Consumer Affairs.
DM Corporate Sdn.Bhd. is a qualified Corporate Secretarial Firm provides the professionals services to
formed or to incorporate Company and business registrations.
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What is the requirement to become Directors, Subscribers and Secretary(ies)?
A Statutory Declaration is required of every proposed directors and subscribers (Form 48A)
of the proposed company. A director must be of major age and must have his principal or
place of resident in Malaysia. A company must have at least two directors named in the
Articles of Association of the proposed company, and two subscribers to the Memorandum
and Articles of Association of the proposed company. At least one secretary of a company
shall be named in the Articles of the
proposed company (Form 6).
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