After you register your business in Malaysia, you will face
countless challenges and, as a business owner, who will handle all accounting,
administrative and legal issues, it can be daunting. Also, you are
required to follow the rules set by the Malaysian authorities when conducting
your business. Every aspect of strict requirements and a wide range of
attention is required in today's area of business, running and maintaining a
company is not smooth sailing. Here you need the help of a company secretary
service.
In Malaysia, the company secretary is obligatory for joint
stock companies or private equity companies, which do not fall under the legal
requirements of the Companies Law-3 and each company must appoint at least one
secretary. Company secretaries are considered individuals who serve an
important purpose and contribute to the management of the business.
A company secretary is primarily responsible for ensuring
that the company adheres to standard legal and financial practices for
monitoring corporate governance standards. In general, the company secretary
does not engage in legitimate company issues and does not offer any legislator
to maintain a thorough knowledge of the theories involved in the specific
duties and duties of the secretaries of different companies.
The Company Secretary also plays an important role as a
communication channel between the Company's shareholders and the Board of
Directors. The company secretary is generally responsible for the timely delivery
of information in the manner and development of the company.
Qualifications of a
company secretary
To be the secretary of a Malaysian company, you must have
multiple qualifications, because hiring one of each company is a legal requirement.
According to Malaysian law, following section 20 of
the Companies Act 20 of 2016, a company must have at least one company
secretary who is a 6-year-old person who can be ahead or place of residence in
Malaysia. He or she must have at least one qualification below:
- An authorized accountant who is registered with the Malaysian Institute of Accountants (MAI).
- An authorized secretary registered with the Malaysian Institute of Secretary and Administrator (MICRA)
- A license secretary to be the secretary of a company authorized by the Malaysian Company Commission
- A lawyer who is registered with the Malaysian Bar or any relevant authority
Also, the secretary of the agency must not be insolvent and
will not be found guilty of any crime according to article 5 of the Companies
Law.
The role and
responsibility of the secretary of a company
A company secretary performs various roles and responsibilities in a company and some of the basic responsibilities are
outlined below.
Understanding Company
The secretary of the employment agency must first learn how
the company operates. Not only this, the secretary must dive deep into the
organization of the organization to fully understand all the ongoing work of
the business activity. In doing so, the company secretary will be able to fully
understand the sphere of the organization. Since the role of the company secretary
is important, we need to understand all the life elements of their company.
Ensure compliance
with legal requirements
The company secretary acts as the official liaison officer
of your company, as they are locally known as the company and the company of
the Malaysian company or Suruhanajaya Syarikat Malaysia (SSM). In accordance
with the Companies Act of 1965, the secretary of the agency will assist in
preparing and submitting the legal return of the company to the SSM.
Minutes, resolutions
and preparations for attending meetings
The secretary of the organization must attend the meeting of
the board of directors or the general meeting and is responsible for taking the
minutes of the meeting. They will participate in meetings to attend the members
of the board of directors and will be based on the consulting members of the
company, as well as other senior officers of the company.
A company secretary is required to prepare solutions by
notification resolution whenever the council or its members are requested.
Another great responsibility of the company secretary is the preparation of the
annual return of the organization and its submission to the SSM.
As an advisor to the
organization
Generally, company secretaries are present for
general consultants to ensure that all company records are properly maintained
and updated the following existing Malaysian law.
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