Role of a company Secretarial Services in Malaysia

FUNCTIONS AND DUTIES OF THE SECRETARY OF THE COMPANY IN MALAYSIA

1. Role and duties

The Secretary of the Company (abbreviation Co-Sec) is an Officer of the company and advisor to the Board.

You should familiarize yourself with the provisions of the Memorandum and the Statutes of the company.

He / she is expected to be well versed in complying with numerous legal and regulatory bodies.

You must ensure that the correct procedures are followed and adhere to it in accordance with the Company Memorandum and Statutes (M&A) and the Companies Act of 1965.

He / she must also be able to advise the Board and ensure that the interests of the board and members are well protected at all times.

2. Compliance with Statutory Requirements.

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

The company secretary must ensure that any change in the legal information of the company must be duly completed in the relevant prescribed forms and submitted to the company registrar within the required period of time.

The Secretary of the Company must inform the board of directors of the relevant dates for the holding of the annual general meeting of the company.

3. Preparation of Boards and Resolutions of Members and attendance at meetings.

The Secretary of the Company attends any of the meetings of its board of directors and provides general advice on matters related to company secretarial matters when necessary.

The Secretary of the Company acts as a liaison between the shareholders and the company. This means that any important announcement must be officially communicated. The Secretary will also send notices (circular resolutions) and will keep in touch with the shareholders regarding the shareholders' meetings and the Annual General Meeting (AGM) or the Extraordinary General Meeting (EGM), if the company decides to hold one.

Filing of annual statements: a company secretary is responsible for completing and submitting the company's annual statement and complete accounts in a timely manner within the established legal term.

4. Updating of the legal books of the company and maintenance of paperwork

Any change in the structure of the company must be registered in the legal records of the company, for example, the Directors Registry and the Members Registry. The Secretary of the Company is 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.

The Institute of Collegiate Secretaries and Administrators of Malaysia (MAICSA) has summed it up perfectly.

Take a look at the "Members Role Card" of MAICSA

There you have it, the Roles and Duties of the Company Secretary in Malaysia. You can find more information at MAICSA’s website.