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Why Need Your Company a Secretary?

Expatriate Advisory Sdn. Bhd.

http://malaysiabizadvisory.com/roles-and-duties-of-company-secretary-in-malaysia/

 

A Private Limited (Sdn. Bhd.) Company required to appointment one Secretarial Company to certify and verify your Companies documents to enable the process of incorporation of your Private Limited Company with the Companies Commission Malaysia (CCM) / Suruhanjaya Syarikat Malaysia (SSM).

Company Secretary is assist to your Company (Sdn. Bhd.) acting as the official liaisons party for your Company to communicate preparation and submission of Statutory Returns with the Companies Commission of Malaysia in compliance with Statutory Requirements under the Malaysia’s Company Act, 1965.

The company must also appoint an approved company auditor conduct and prepare the account, audit, and tax as well, the Company Secretary can be helpful in these regards too.

 

What is the Jobs, Duty and Role of Company Secretary in Malaysia?

  • 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.  
  • Company Searches
  • Certification of documents by the Secretary 
  • Alteration of Memorandum and Articles of Association i.e. change of object claus3es and articles, change of authorized share capital and change of name;
  • Transfer of shares, splitting of shares certificate and issuance of duplicate share certificates
  • Allotment of Shares, Rights / Bonus Issue and Declaration of Dividend

 

 

  • A company secretary of today is a company officer who is endorsed with heavier responsibilities and a greater power, duties which demand for ethical behavior from company secretaries at all times.

 

  • Attending to any of your Board Members at our office and giving general advice on company secretarial matters as and when required.
  • Preparation of resolutions by way of circular resolutions as and when required by your Board or Members
  • Attendance at Board meetings / General Meetings; and
  • Preparation and filing of Annual Returns of your Company to the Companies Commission of Malaysia.
  • Attendance at Board Meetings, Annual / Adjourned Annual General Meetings and Extraordinary General Meetings
  • Protected advisor services which may or may not entail extensive research and consultation; and
  • Preparation of documents, statutory documents, instruments other than those required under the Companies Act, 1965.

 

Advisory Services by Company Secretarial

  • General Advisory services on company secretarial matters to ensure that all the secretarial records are properly maintained and that your Company complies with all requirements under the Companies Act, 1965; and
  • Generally, advising you on the provisions of the Companies Act, 1965.
  • As a Director of Company, you have the right to terminate or change the appointment of the Company Secretary any time if you find the roles and duties of Company Secretary provided was unsatisfactory.
  • Our associated partner’s best services must be suit to your Company, it is sure our all services are hassle free.

 

Looking and Replace Your Company Secretary

Are you facing problem with your current Company Secretary and you intend to change the new company secretary for your company?


Any company who not satisfied with the level of secretarial services provide by the company secretary vices shall be entitled to appoint a new secretary to replace the existing company secretary .This issues arise when there are difficulties for the Board of Directors and shareholders or employees of the company to liaise with the appointed company secretary to seek for their services or advice.  


 

Simple ways to remove and appoint the secretary?


Send a letter of resignation to your existing company secretary either by fax or by hand signed and approved by the company directors and provide the details of the new company secretary's name, residential address, and secretary licensed no.

The company secretary is required to release the company statutory documents such as the original file, statutory books, and the company seal once it’s updated. The Board should hand over to the new secretary with an official letter informing the company secretary that the company wishes to appoint him to handle company secretarial matters.

For your information, one-month period given to the board of directors of the company to find and appoint a new company secretary from the date of resignation of the company secretary.

Submission of documents related to the appointment and resignation of secretary through form 49 can be made either by the existing company secretary or a newly appointed secretary.

A company secretary is an officer appointed by the Board of Directors through meetings of the Board of Directors and is empowered to appoint or dismiss a company secretary at any desired time.


The documents involved are to be prepared to be deposited in the Companies Commission of Malaysia are as follows:


Form 49 – Appointment & Resignation Of Company Secretary
Form 44 – Change Of Company Registered Office address.
Resolution of the Board to change the company secretary & change of address of registered office.


Professional Service Charges 


The professional charges to appoint a company secretary including paper works and submission to Companies Commission Malaysia is between RM 200 to RM 350.00 depending on few factors.


Registered Office Fees 


Registered office address and engagement of licensed company secretary is RM 60.00 per month and should be paid either 6 months or 1 year in advance.

 

 

 

 

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