Duties of Company Secretary in Malaysia

According to the Section 139A of Companies Act 1965, each and every company is bound by law to appoint at least one company secretary from amongst the members of a professional group as and when prescribed by the Ministry of Domestic Trade, Cooperative and Consumerism.
Some of the prescribed bodies from which Company secretaries are chosen in Malaysia are listed as follows:
• The Malaysian Institute of Chartered Secretaries and Administrators (MAICSA);
• The Sabah Law Association;
• The Malaysian Institute of Certified Public Accountants (MICPA);
• The Advocates’ Association of Sarawak;
• The Malaysian Institute of Accountants (MIA);
• The Malaysian Bar and
• The Malaysian Association of Company Secretaries (MACS)
The Roles and Duties of a Company Secretary in Malaysia are as follows:
• Being well versed in the compliance of various regulatory and statutory bodies is a compulsion.
• He/she should be familiar with the Articles of Association and the provisions of the Memorandum of the Company
• He/she should consider himself/herself to be an advisor to the Board so that the interest of the Board members is perennially protected.
• It is his/her duty to ensure that the right procedure is being followed and adhered to in relation to the Companies Act, 1965, the Company’s Memorandum and Articles of Association (M&A)
The Role of Compliance with Statutory Requirements
Since the Company secretary is the official liaison assigned with the responsibility to communicate, submit and prepare the Statutory Returns with the Companies Commission of Malaysia, he/she also has the duty to oversee that the company is always compliant with the legislature laid down in the Companies Act, 1965.
If there is any change in the company’s statutory information, it should be included by the Company Secretary in the relevant forms and then submitted to the registrar of the company within a stimulated amount of time. The Company Secretary is also supposed to advise the board of director on the probable dates of scheduling the annual general meeting of the company.
The Role of Attending Meeting and Preparing resolutions of Board Members
• The Company Secretary is qualified to attend the board meetings and dispense with general advice as he/she acts as the connecting link between the company and its shareholders.
• He/ she will officially communicate the important announcements by forming liaisons with the shareholders with regards to Annual General Meeting (AGM), Extraordinary General Meeting (EGM) and shareholder meetings and also send out circular resolutions and notices
• The company secretary must complete and submit the full accounts and annual returns of the company by the statutory deadline.
The Role of updating and maintaining paperwork and the Company’s Statutory Books
• In case here is any change in the structure of the company, the Company Secretary will be required to record it in the statutory registers
• He will be needed to maintain the accuracy and security of the company documents like meeting minutes, article of associations, share certificates, memorandum and certificate of incorporation to name a few
Though the approximate salary of a company secretary working in Malaysia is MYR2500, their income would depend on the duties they are adept at performing.