If you’re looking to start a business in Malaysia for foreigners, understanding the responsibilities of a company secretary is essential. This article explains why you need one, their key duties, and how they ensure your business remains legally compliant.

Starting and running a business in Malaysia involves several legal and regulatory requirements. One of the most crucial roles in ensuring corporate compliance is that of a company secretary. Appointing a qualified company secretary services Malaysia provider is mandatory for private limited companies (Sdn. Bhd.) and helps businesses meet the Companies Act 2016 requirements.

 

Company Secretary working desk

Why Is a Company Secretary Important?

A company secretary is not just a formality but a legal requirement under Malaysian law. Here’s why their role is crucial:

Ensures Compliance – Helps businesses meet legal obligations under the Companies Act 2016.
Liaison with Authorities – Acts as a bridge between the company and regulatory bodies like the Companies Commission of Malaysia (SSM).
Corporate Governance – Advises directors and shareholders on best corporate practices.
Document Management – Prepares and submits statutory filings, ensuring all paperwork is in order.

Whether you’re a local entrepreneur or looking to start a business in Malaysia for foreigners, having a company secretary ensures smooth operations and avoids legal penalties.

According to Section 235 of the Companies Act 2016, every Sdn. Bhd. must appoint a qualified company secretary within 30 days of incorporation.

Section 235Companies Act 2016

Is a Company Secretary Mandatory in Malaysia?

Key Responsibilities of a Company Secretary in Malaysia

A company secretary plays a vital role in the corporate governance and regulatory compliance of a business. Their duties include:

Yes! According to Section 235 of the Companies Act 2016, every Sdn. Bhd. must appoint a qualified company secretary within 30 days of incorporation.

To qualify as a company secretary in Malaysia, the individual must:

  • Be a Malaysian citizen or permanent resident.
  • Be a member of a recognized professional body (e.g., MAICSA, MIA, or Bar Council).
  • Have a valid license issued by the Companies Commission of Malaysia (SSM).

Failing to appoint a company secretary can lead to legal complications and penalties.

1. Company Incorporation & Registration
  • Assists in registering a business with SSM.
  • Prepares and files incorporation documents.
  • Ensures compliance with initial regulatory requirements.
2. Statutory Compliance & Filings
  • Prepares and submits annual returns to SSM.
  • Files changes in company structure, including director or shareholder updates.
  • Maintains statutory records and registers (e.g., share register, minutes of meetings).
3. Board & Shareholder Meetings
  • Organizes and records board meetings and general meetings.
  • Prepares meeting minutes and ensures decisions comply with legal requirements.
  • Provides advice on corporate governance and board responsibilities.
4. Acting as a Liaison with Government Authorities
  • Communicates with SSM, LHDN (tax authority), and other regulatory bodies.
  • Ensures the company meets legal, tax, and compliance requirements.
5. Assisting Foreign Investors

For those looking to start a business in Malaysia for foreigners, a company secretary helps with:

  • Understanding foreign ownership regulations.
  • Securing necessary business licenses.
  • Advising on corporate banking and tax matters.

How a Company Secretary Helps Foreigners Start a Business in Malaysia

Foreign investors often face challenges when setting up a company in Malaysia, such as:

Understanding local laws and regulations
Finding a local director (if required for certain business types)
Navigating tax registration and compliance

This is where professional company secretary services Malaysia come in handy. A qualified company secretary helps:

Ensure 100% foreign ownership (where applicable)
Register and incorporate the company legally
Comply with SSM and tax authorities
Obtain necessary permits and business licenses

Without expert guidance, foreign entrepreneurs may face delays or penalties due to incomplete documentation.

How a Company Secretary Helps Foreigners Start a Business in Malaysia

Choose people

 

When selecting a company secretary, consider the following factors:

🔹 Qualifications & Licensing – Ensure they are registered with SSM and a professional body.
🔹 Experience with Foreign Businesses – If you are an overseas investor, choose a provider familiar with foreign business regulations.
🔹 Service Offerings – Look for comprehensive corporate secretarial services that include compliance, advisory, and filings.
🔹 Reputation & Reviews – Check client testimonials and industry experience.

Many businesses opt for outsourced company secretary services Malaysia to save time and ensure compliance without hiring an in-house secretary.

Conclusion: A Must-Have for Business Success

 A company secretary is not just a regulatory requirement but a key player in ensuring the success and compliance of a business in Malaysia. From incorporation to governance, they handle critical aspects that keep a company legally sound.

If you’re planning to start a business in Malaysia for foreigners, engaging professional company secretary services Malaysia will ensure a smooth setup and compliance with Malaysian laws.

🚀 Need help finding the right company secretary? Start your business journey with expert guidance today!