We provide extensive Company Secretary services for SENDIRIAN BERHAD (SDN. BHD.) and BERHAD (BHD.) companies in accordance with Companies Act 2016 (the “Act”) and other relevant acts. These include the incorporation of legal entities (companies, trust, foundation and limited liability partnership), registration of foreign companies, filing of statutory documents, declaration of dividend, transfer of shares, issuing of share certificate, updating beneficiary ownership, corporate advisory, corporate/commercial law advisory and other related services. In Malaysia, the appointment of Company Secretary is mandatory to all legal entities incorporated under the Act.
By virtue of our public practicing license granted by the regulators, namely the Malaysian Institute of Accountants (MIA) and the Companies Commission of Malaysia/Suruhanjaya Syarikat Malaysia (CCM/SSM), we are able to provide effective and efficient integration of our clients’ Accounting and Secretarial operations to ensure compliance with regulatory and financial requirements imposed by various authorities.
It is important to note that a Company Secretary has been defined as an officer of the company under the Act and has onerous duties and responsibilities, with the fundamental duties being statutory duties.
The work of a Company Secretary is essential to the direction, governance, administration, and management of a company. Company Secretaries not only work and interact with the company’s directors, managers, and shareholders but also with the various government and regulatory bodies which regulate the company’s activities, such as the Companies Commission of Malaysia, the Securities Commission, the Bursa Securities Malaysia Berhad, and the Inland Revenue Board.
The following are some of the typical responsibilities of the Company Secretary in Malaysia:
- Incorporation of legal entities and registration of foreign companies in Malaysia. Click here for more details on registration of foreign companies in Malaysia,
- convening and providing administration for general meetings: for example, producing agendas, taking minutes, conveying decisions and handling meeting correspondence.
- providing legal, financial and/or strategic advice during and outside of meetings.
- lodging annual returns incl. audited financial statements and other statutory records.
- advising directors and members of the senior leadership team on corporate governance matters.
- lodging beneficial ownership information with the registrar within 14 days after the information is recorded in the register.
- keeping up to date with regulatory or statutory changes and policies that might affect the organisation.
- ensuring that policies are up to date and are approved.
- communicating with external professionals involved in corporate governance, such as external auditors, lawyers and consultants.
- in public companies, acting as a point of contact and building good relationships with shareholders.
- implementing processes or systems to help ensure good management of the organisation or compliance with legislation.
- providing registered address for all legal entities and custodian of company seal.
- nominate nominee directors with residency status to foreign shareholders.
- liaise with regulators on various issues concerning taxation, accounting, legal and business operation.
Further, the Company Secretary is also a key member of the company in the implementation of effective accounting/finance, corporate acquisitions, disposals and mergers, while protecting the company’s interests by ensuring the effectiveness of all documentation, ensuring due diligence disclosures, enabling proper commercial evaluation prior to completion of a transaction; ensuring timely execution of documentation etc.
We, Megat Faizal Musa & Co, a Firm of Chartered Accountants, licensed by Malaysian Institute of Accountants and Companies Commission of Malaysia, provides extensive services in accounting/finance, taxation, secretarial and corporate advisory services. Contact us for more information.
For English/Malay speaking clients, please contact:
E-mail: megat.faizal@mfmco.my
Mobile: +6010 372 6830 (Call/WhatsApp)
For English/Chinese speaking clients, please contact:
E-mail: lee.mf@mfmco.my
Mobile: +6010 381 2996 (Call/WhatsApp)