FAQ – Secretarial Services
1. Where do I get my Business registered?
The business owner must register his or her business with the Companies Commission of Malaysia (SSM).
2. Who is the Companies Commission of Malaysia (SSM)?
The Companies Commission of Malaysia (SSM) is a statutory body which monitors and regulates the companies to ensure they are always complying with the corporate legislation. On top of that, they serve as a platform for company incorporation and information provider to the public.
3. What documents are required for incorporation of a company?
The applicant should have the following information prepared:
- Preferred company name;
- Nature of Business (maximum of 3 types);
- A copy of all directors’ and shareholders’ I/C or Passport (foreigner);
- Latest residential address of each director; and
- Personal e-mail address of each director.
4. How long does the process of incorporation take?
- Typically, it should take around 14 working days, excluding weekends and public holidays.
Note: The abovementioned timeline is derived based on our previous experience with SSM. It may be subject to alteration due to any unexpected circumstances, such as put off from SSM and the instability of SSM’s MyCoID online system.
5. What is the process for incorporation of a company?
- Conduct a name search of the company through SSM;
- Prepare registration documents for directors and shareholders to sign after the approval of proposed company name;
- Invoice preparation (itemized billing);
- Return registration documents and payment;
- Submission of documents to SSM for company incorporation; and
- Receive Certificate of Incorporation from SSM.
6. What are the differences among a sole proprietor, partnership and private limited company (Sdn. Bhd.)?
7. Who is a Company Secretary?
The company secretary is a professional who appoints by the company directors to manage the legal issues and to ensure the company complies with Malaysia’s Company Act 2016. A Company Secretary must be a member of the prescribed body such as The Malaysian Institute of Chartered Secretaries and Administrators (MAICSA) or Malaysia Institute of Accountants (MIA) or Malaysian Association of Company Secretaries (MACS) or is licensed by the SSM Malaysia.
8. What are the scopes of a Company Secretary?
The roles of a company secretary are stipulated as the following:
- Provides advisory service on company secretarial affairs;
- Attends the Board Meetings, Annual General Meetings (AGM) and Extraordinary General Meetings (EGM);
- Prepares and filings the Annual Return to the Suruhanjaya Syarikat Malaysia (SSM);
- Prepares and filings the Audited Accounts to the Suruhanjaya Syarikat Malaysia;
- Prepares resolution as required by the directors or members;
- Updates and maintains all the secretarial records properly; and
- Certifies secretarial documents.
9. What is a circular resolution?
A circular resolution is an official document sign by the directors that states their agreement towards a resolution passed.
10. What is an Extraordinary General Meeting (EGM)?
An Extraordinary General Meeting is a special meeting among shareholders and directors , that does not fall under the annual general meeting category.
