Company secretary
in Malaysia.

The company secretary role in Malaysia is governed by the Companies Act 2016 and covers both statutory compliance and board governance support. Core responsibilities include:

• Maintaining statutory registers including the register of members, directors and charges
• Preparing and lodging filings with the Companies Commission of Malaysia (SSM) through the MyCoID platform
• Organising board meetings including preparation of agendas, papers and minutes
• Monitoring SSM filing deadlines and advising the board on governance obligations
• Acting as the primary liaison between the board, management and shareholders on statutory compliance matters

For a full overview, see our guide to company secretary roles and responsibilities in Malaysia.

Every company in Malaysia must appoint at least one company secretary within 30 days of incorporation under Section 236 of the Companies Act 2016. The appointment must be notified to SSM within 14 days via a Section 58 filing through the MyCoID portal.

The position must not be left vacant for more than 30 days at any time. If a company secretary resigns or is removed, a replacement must be confirmed within that period. Failure to maintain a company secretary is an offence under the Act and both the company and its directors may be penalised. See our guide to corporate compliance requirements for Malaysian companies for a full overview of ongoing obligations.

Under Section 235 of the Companies Act 2016, a company secretary must satisfy three conditions simultaneously:

• Residency: must be a Malaysian citizen or permanent resident who ordinarily resides in Malaysia with a principal place of residence in the country
• Age and standing: must be aged 18 or over and not disqualified under Section 238, which covers undischarged bankrupts and individuals convicted of specified offences
• Professional qualification: must hold a valid SSM practising certificate under Section 241 and either be a member of a prescribed professional body or be directly licensed by SSM under Section 20G of the Companies Commission of Malaysia Act 2001

A director may serve as company secretary if they meet all three criteria. For the full appointment process and requirements, see our guide to how to appoint a company secretary in Malaysia.

AGM obligations differ between public and private companies under the Companies Act 2016. Public companies must hold an AGM within 18 months of incorporation and subsequently within six months of each financial year-end, with no more than 15 months between meetings. Private companies (Sdn Bhd) are not required to hold AGMs unless their constitution requires it or shareholders formally request one.

All companies must file an annual return with SSM within 30 days of their anniversary date. The company secretary manages these timelines and filings through MyCoID and ensures statutory records are updated following each annual reporting cycle. For a broader overview of meeting types and obligations, see our guide to shareholder meetings in Malaysia.

When a company secretary resigns or is removed, the company must notify SSM within 14 days via a Section 58 filing through MyCoID. A resignation requires written notice, while removal depends on the terms of appointment and may require a board or shareholder resolution.

Under the Companies Act 2016, the position must not remain vacant for more than 30 days. Failure to appoint a replacement within this period is an offence and directors may be held personally liable. Before departure, the outgoing secretary should ensure all statutory registers, SSM records, minute books and corporate documents are fully up to date and formally handed over to the incoming secretary or a director.