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Monday 1 August 2011

Company Secretary in Malaysia

Secretary, what you know about secretary??? It is a women with skirt and sexy???What i want to tell you now is a company secretary. Every company is required by statute to have at least one company secretary or more in Malaysia. Who can be company secretary??? The person which are a members of professional bodies such as:
1. The Malaysian Association of the Institute of Chartered Secretaries and Administrators (MAICSA)
2. The Malaysian Institute of Accountants (MIA)
3. The Malaysian Institute of Certified Public Accountants (MICPA)
4. The Malaysian Bar
5. The Sabah Law Association
6. The Advocates' Association of Sarawak
7. The Malaysian Association of Company Secretaries (MACS)
and also the person licensed by Commissioner of Company Malaysia (CCM) under Section 139 Companies Act 1965.

The secretary is to be appointed by the board of directors and either himself or his agent or clerk is required to be present at the registered office of the company on the days and at the hours which the registered office is to be accessible to the public.In most cases it is not practical for most small medium enterprises to engage full time secretaries. Instead, the service of an external secretary of a professional secretarial firm is engaged.

What are the general duties and responsibilities of company secretaries?
The duties and responsibilities of company secretaries depend mainly on the expectations of the board of directors. In most cases, the company secretary is responsible to ensure compliance with the disclosure and information requirements of the Companies Act.

These are some of the main duties of a company secretary:
1. Organise meetings

2. Send out notices for meetings

3. Take down minutes of board and general meetings

4. File statutory returns (in the prescribed forms) required by the Companies Act 1965 with the Companies Commision of Malaysia

5. Keep and maintain the various registers at the registered office of the company.


What are the fees payable for the services of an external professional company secretary?
 



No.



Nature of Work / Description



Description



  Processed Fees
1. Incorporation - Minimum 2 Directors and 2 Subscribers, Standard M & A

- Authorised Capital RM100,000
RM2,800-3,000 - Professional Fee for Sdn Bhd

RM4,500 - Professional Fee for Bhd

Charges on any additional work requiring modification and variation of the M & A will be discretionary.
2. Monthly Fee . Professional Fee As Named Secretary Retainer
Fee
Retainer Fee
. . Dormant company RM50 RM100
. . Semi-active company RM100 RM150
. . Active company RM150 RM300
. . Non-listed public company RM250 RM750
. . Public listed public company RM300 RM2000
3. Meeting Charges Attendance:
Board of directors' meetings, general meetings and meeting with government authorities/agencies
Subject to negotiation.
Minimum RM200 per hour or part thereof.
4. Preparation of Resolution . RM100
5. Annual Return Preparation and Filing of Annual Return - RM250 per Annual Return for Sdn Bhd or Bhd (non-listed)

- RM500 per Annual Return for Bhd (listed)
6. Certification of Forms/
Documents
. RM2 per signature
7. Name Search . RM100 per name
8. Registered Office Charges Usage of premise as registered office RM15 per month
9. Company Search Conduct of company searches at ROC RM100 per company
10. Amendments to
M & A
Preparation for amendments and lodgement RM500
11. Letter of certification by company secretary on company's information . RM150 per letter
12. Application Letter to Ministry Preparation of application letters for submission to Ministry. RM750 per application

Some norminal charges for workdone or fillings with SSM, if applicable (eg.subsequent charges of directors, shareholders, share capital etc.)

Therefore please don't be confuse with the company secretary and secretary. The company secretary is a professional firm or person to help company to comply all of the companies act 1965 and corporate governance.  But the secretary is to help day-to-day work and boss management.

1 comment:

  1. Thank you for sharing this valuable information. Your explanation clearly answers in an understandable way and very helpful! This can give better insights and inspiration for business owners. We would love to see more updates from you on Core Duties of Company Secretary in Malaysia

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