ROLES AND DUTIES OF COMPANY SECRETARY IN MALAYSIA
Every company being registered as Private Limited ( Sdn.Bhd.) owned by a local Malaysian or foreigners required the appointment of minimum of one Company Secretary. Secretary are licensed by Malaysia Company Secretaries Association and the fees being paid monthly, price depends on the jobs and service offered. The roles and duties of Company Secretary in Malaysia are clearly defined in Secretary Association with their licenses are also governed and regulated by the Company Commission of Malaysia.
The roles and duties of Company Secretary in Malaysia is as follows:-
Compliance with Statutory Requirement
Company Secretary is to assist your company ( Sdn.Bhd.) acting as official liaison party for your company communicate, preparation, submission of Statutory Returns with the Companies Commissions of Malaysia in compliance with Statutory Requirements under the Malaysia’s Companies Act , 1965.
Meetings/ Preparation of Resolutions by Company Secretarial
• Attending to any of your Board Members at our office and giving general advice on company secretarial matter as and when required.
• Preparation of resolution by way of circular resolutions as and when required by your Board or Members.
• Attendance at Board Meetings/ General Meetings; and
• Preparation and filling of Annual Returns of your Company to the Companies Commission of Malaysia
Advisory Service by Company Secretarial
• General advisory service on company secretarial matters to ensure that all the secretarial records are properly maintained and that your Company complies with all requirement under the Companies Act, 1965; and
• Generally advising you on the provisions of the Companies Act, 1965.
Roles and Duties of Company Secretary in Malaysia- Other supporting service.
• Alteration of Memorandum and Articles Association i.e change of object clause and articles, change authorised share capital and change of name;
• Transfer of share, splitting of share certificates and issuance of duplicate share certificate
• Allotment of share, Rights/Bonus Issue and Declaration of Dividend
• Company Search
• Certification of Document by Secretary
• Attendance at Board Meetings, Annual / Adjourned Annual General Meetings and Extraordinary General Meetings
• Protracted advisory services which may or may not entail extensive research and consultation; and
• Preparations of documents, statutory documents, instruments other than those required under the Companies Act, 1965.
Key areas to consider when maintaining a Malaysia Company (Sdn.Bhd.)
Foreigners are highly recommended to know the key’s areas to consider when maintaining a Malaysian Company in Malaysia. Foreigners can comply to the following guidelines to maintain their company SDN BHD where they are either seeking expertise to assist them or doing the task by themselves.
The recommended guidelines as follows:
• Ensure all company’s documents are submitted to the Company Commission of Malaysia.
• Audit your company on yearly basis
• Submit your Company Tax Return on yearly basis
• Submit Income Tax Return for all employees in the company on a monthly basis
• Submit Employee Provident Fund (EPF) for the Malaysian workers in the company on a monthly basis.
• Submit the Government Insurance (SOCSO) for the Malaysian workers in the company on a monthly basis
• Renew the Town Council License and other trade licenses of your company every year
• Once every two months, Submit Service Tax, if your company is subject to payment for Service Tax
• Comply with all Labour Law Acts pertaining to the employment of workers
• Renew your expatriate staff’s work visa on time.
• Payment timely to Company Secretarial, Auditor and Tax Agent for their services