Company secretary appointment deadline after incorporation

The situation

Every company must have at least one secretary. The secretary must be appointed within 30 days of incorporation and must be licensed by SSM or a member of a prescribed body.

The law

• Secs 235 and 236, Companies Act 2016: Every company must appoint at least one secretary within 30 days of incorporation
• Sec 241, Companies Act 2016: Company secretary must be a member of a prescribed body or licensed by SSM

What it means for you

Directors cannot simply nominate a friend unless that person holds the right licence or membership. Missing the 30-day window is an offence and can lead to a compound. In practice, most founders appoint the secretary at incorporation so the first board resolutions are done correctly.

What to do

1. Choose a licensed secretary or firm.
2. Pass a board resolution appointing them.
3. Have the secretary lodge the appointment.
4. Agree the yearly scope and fee in writing.

Related

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• Is a constitution required for a Sdn Bhd
• Foreign company shareholder in a Sdn Bhd
• Employer registrations after incorporation
• Does a Sdn Bhd need a Malaysian resident director
• SSM fees to incorporate a private company