FAQ (Frequently Asked Questions)

Under section 235 of the Companies Act 2016 (“CA 2016”), every company is required to have at least one (1) company secretary who must be:-

  1. A natural person.
  2. Eighteen (18) years of age and above.
  3. Citizen or permanent resident of Malaysia and shall ordinarily reside in Malaysia by having a principal place of residence in Malaysia.
  4. Member of any professional bodies stipulated under the CA 2016.


The Company Secretary shall be a “qualified person’ pursuant to Section 235(2) CA 2016.

In compliance with Section 236 of the CA 2016, the Company Secretary is appointed by the Board of Directors and the initial appointment of the first Company Secretary should be within thirty (30) days from the date of the company’s incorporation.

Company Secretary plays a crucial role ensuring corporate compliance and ensuring good governance practice by:-

  1. Registration and incorporation of companies.
  2. Maintaining accurate and up-to-date company records, including statutory registers.
  3. Safeguarding important company legal documents.
  4. Facilitating communication between the board and stakeholders including meetings.
  5. Timely submission of annual returns and filings with CCM.
  6. Issuance of notices and drafting of minutes of meeting.
  7. Liaison with CCM and other regulatory bodies.
  8. Compliance with company law, accounting standards, and relevant industry regulations.
  1. A natural person who is at least eighteen (18) years of age as stated under Section 196 of CA 2016.
  2. Pursuant to Section 198 of CA of CA 2016, a person is ineligible to become director of a company if the person:
    1. Is undischarged bankrupt.
    2. Has been convicted either within or outside Malaysia, in connection with the promotion, formation or management of a corporation.
    3. Is involved in bribery, fraud or dishonesty and has been convicted either within or outside Malaysia.
    4. Has been disqualified by the court.
Yes, foreigners can become directors of companies in Malaysia, provided that at least one director, whether in a private or public company, must ordinarily reside in Malaysia by having a principal place of residence in Malaysia.
The minimum number of directors is one for private companies and two for public companies.
Foreigners are permitted to own 100% of shares in Malaysian companies, reflecting Malaysia’s open approach to foreign investment. Nevertheless, the Malaysian government reserves the right to impose ownership conditions in companies involved in specific sectors, including agriculture, education, and oil and gas. This is particularly applicable to companies engaging in dealings with the Government.

Incorporation can be completed within 5 to 7 working days. The breakdown of the incorporation process is outlined below:

  1. Name Approval: Allow 1-2 working days for the reservation name through CCM.
  2. Document Submission and Processing: Allocate 3-5 working days for review and approval of your registration documents by the CCM.

We have the capability to provide the requisite documentation for company incorporation within 24 hours of receiving your instructions.

The required documents and information vary depending on your chosen company structure (e.g., sole proprietorship, partnership, limited liability company). However, some common requirements include:
  1. Identity card/passports for directors and shareholders
  2. Proposed company name
  3. Business objectives
  4. Amount of paid up capital
Section 46 of the CA 2016 requires a company to have a registered office within Malaysia to which all communications and notices are addressed to. This is typically the Company Secretary’s office but not necessarily so.
Every year, both private and public companies in Malaysia need to meet various legal obligations. They must submit their Annual Return and Audited Financial Statement annually, as mandated by Sections 68 and 249 of the CA 2016. Public companies also have an additional requirement to conduct an Annual General Meeting (AGM) each calendar year, as outlined in Section 340 of the CA 2016.

The minimum paid-up capital requirement to set up a company in Malaysia is only RM1.00. The amount of paid-up capital can be increased at any time after the company is incorporated. However, Government agencies or other entities may impose a higher paid up capital requirement for the company to qualify to bid for tenders and apply for loan and licenses.

Typically the initial paid-up capital can be RM1,000.00 for all new companies as this payment is required for registration of the company with CCM.

Non-compliance can lead to various consequences, including:-

  1. Fines and penalties
  2. Public reprimands
  3. Suspension or deregistration of company
  4. Personal liability for directors and officers

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