You appoint a company secretary in Malaysia by confirming the candidate meets the Section 235 qualifications, getting their written consent, passing a board resolution, and lodging a Section 58 notification with SSM within 14 days. The appointment itself must happen within 30 days of incorporation, under Section 236.
Key takeaways
- A company secretary must be appointed within 30 days of incorporation, under Section 236 of the Companies Act 2016.
- The candidate must meet Section 235 qualifications: a natural person, aged 18 or over, who is a Malaysian citizen or permanent resident ordinarily resident in Malaysia.
- There are only two ways to qualify — an SSM licence under Section 20G, or membership in one of 7 professional bodies in the Fourth Schedule plus a Section 241 practising certificate, required since 15 March 2019.
- Once appointed, SSM must be notified within 14 days via a Section 58 notification through MyCoID — late lodgement carries a tiered penalty from RM50 to RM200.
- Every figure in this guide is sourced directly to the Companies Act 2016 and SSM's own guidelines, linked throughout.
Who is legally allowed to be a company secretary in Malaysia?
Under Section 235 of the Companies Act 2016, a company secretary must be a natural person — never a company — who is at least 18 years old and either a Malaysian citizen or permanent resident with a principal place of residence in Malaysia. Section 238 then disqualifies anyone who is an undischarged bankrupt or has been convicted of an offence involving fraud or dishonesty.
A company itself, or any corporate entity, can never hold the role — Malaysian law reserves the company secretary's office for an individual. This surprises some foreign-owned Sdn Bhd founders who assume a corporate services firm can be named secretary directly; in practice, the firm assigns one of its own individually licensed staff to the role, and that person's name — not the firm's — is what appears on SSM's register. (Sources: Acclime, "How to Appoint a Company Secretary in Malaysia"; Naidu Chambers, "Company Secretary Duties and Responsibilities in Malaysia".)
What are the two ways to qualify as a company secretary?
Malaysia recognises two qualification routes for company secretaries: holding a licence issued directly by SSM under Section 20G of the Companies Commission of Malaysia Act 2001, or being a member of one of seven professional bodies listed in the Companies Act's Fourth Schedule and holding a practising certificate issued by SSM under Section 241 — a requirement in force since 15 March 2019.
| # | Recognised professional body (Fourth Schedule) | Abbreviation |
|---|---|---|
| 1 | Malaysian Institute of Chartered Secretaries and Administrators | MAICSA |
| 2 | Malaysian Association of Company Secretaries | MACS |
| 3 | Malaysian Institute of Certified Public Accountants | MICPA |
| 4 | Malaysian Institute of Accountants | MIA |
| 5 | Malaysian Bar | — |
| 6 | Sabah Law Association | — |
| 7 | Advocates' Association of Sarawak | — |
(Source: SSM's Guidelines Relating to Practising Certificate for Secretaries under Section 241 of the Companies Act 2016, Fourth Schedule.)
Membership alone isn't enough for route two — the individual must also hold a current Section 241 practising certificate, applied for online through SSM's esecretary.ssm.com.my portal, before they can act. Someone who has never registered a Section 20G licence and let a Section 241 practising certificate lapse cannot legally sign off as company secretary, regardless of which professional body they belong to.
What are the steps to appoint a company secretary in Malaysia?
Appointing a company secretary in Malaysia takes four steps: confirm the candidate meets the Section 235 qualifications and holds a valid licence or practising certificate, obtain their written consent, have the board pass a resolution naming them with an effective date, then lodge a Section 58 notification with SSM within 14 days of that date.
- Confirm the candidate is qualified. Check the Section 235 criteria (natural person, 18+, Malaysian citizen or PR, ordinarily resident) and confirm they hold either an SSM Section 20G licence, or a current Section 241 practising certificate tied to a Fourth Schedule body membership.
- Get their written consent. No one may be appointed company secretary without first consenting in writing to act.
- Pass a board resolution. The board formally appoints the secretary and records the effective date — every subsequent deadline counts from this date.
- Lodge the Section 58 notification. File through the MyCoID portal within 14 days of the effective date, attaching a certified extract of the board resolution.
- Update the statutory registers. Record the appointment in the company's register of directors, managers and secretaries.
(Process cross-checked against Acclime's guide to appointing a company secretary in Malaysia and Bestar's Section 58 notification requirements.)
There is no SSM filing fee for lodging the Section 58 notification itself — the cost that catches founders out isn't the lodgement, it's missing the 14-day window.
What happens if you miss the appointment or SSM notification deadline?
Malaysia's Companies Act 2016 sets two separate clocks: the secretary must be appointed within 30 days of incorporation under Section 236, and SSM must then be notified within 14 days of the appointment under Section 58. Missing the 14-day notification window triggers a tiered late-lodgement penalty, from RM50 up to RM200 depending on how late the filing is.
| How late the Section 58 notification is filed | Late-lodgement penalty (private company) |
|---|---|
| More than 7 days, up to 3 months | RM50 |
| More than 3 months, up to 6 months | RM100 |
| More than 6 months, up to 12 months | RM150 |
| More than 12 months | RM200 |
(Source: Bestar, "Notification of Change in the Register of Secretaries in Malaysia".)
That table covers the 14-day notification. Missing the 30-day appointment deadline itself is a separate matter: neither Section 236 nor Section 240 (the ongoing rule against leaving the office vacant) states its own penalty, so both fall back on the Act's general penalty under Section 588 — our guide to changing company secretary in Malaysia sets out the exact Section 588 figures and Section 58(4)'s separate, heavier fine for contravening the notification duty outright.
What are a company secretary's ongoing statutory duties once appointed?
Once appointed, a company secretary must be present at the registered office, maintain the company's statutory registers and records, advise the board on statutory compliance, and manage, attend and record shareholder and board meetings — duties set out in SSM's Guidelines under Section 241, not left to informal practice.
"Act honestly and use reasonable diligence in the discharge of the duties as a company secretary." — SSM's Guidelines Relating to Practising Certificate for Secretaries under Section 241 of the Companies Act 2016
The same Guidelines also require every company secretary to keep up minimum continuing professional education, comply with anti-money laundering obligations, and quote their practising certificate number whenever they execute documents or lodge filings on the company's behalf. (Source: The Malaysian Lawyer, "Practising Certificate for Company Secretaries and the Duties of Company Secretaries".)
How PT Corporate Services helps with the appointment
PT Corporate Services is a named company secretary practice serving Petaling Jaya and the Klang Valley, based in Kota Damansara, Selangor. We check the Section 235 qualifications and Section 241 practising certificate before anyone is put forward, draft the board resolution, and handle the Section 58 lodgement through MyCoID within the 14-day window — so the 30-day statutory clock never becomes your problem to track. If you're incorporating a new Sdn Bhd, see our complete guide to Sdn Bhd incorporation for how the appointment fits into the wider process; if you already have a secretary and need to switch instead, our guide to changing company secretary covers that.
WhatsApp us at +6016 538 5338 or email general@pwatan.my, Monday to Friday, 9am to 6pm.
Frequently asked questions
How long do I have to appoint a company secretary after incorporating in Malaysia?
30 days from the date of incorporation, under Section 236 of the Companies Act 2016.
Can I be my own company secretary?
Only if you personally meet the Section 235 qualifications and hold either an SSM Section 20G licence or a current Section 241 practising certificate through a Fourth Schedule professional body — most directors don't, which is why most Sdn Bhd companies engage a licensed secretary externally.
What is the difference between the Section 20G and Section 241 qualification routes?
Section 20G is a direct SSM licence. Section 241 instead requires membership in one of seven Fourth Schedule professional bodies (including MAICSA, MIA and MICPA) plus a practising certificate SSM issues on top of that membership — two separate approvals, not one.
Do I need to pay SSM a fee to appoint a company secretary?
There is no SSM filing fee for lodging the Section 58 notification of appointment itself. Late lodgement is what carries a cost — a tiered penalty from RM50 to RM200 depending on how far past the 14-day deadline the filing is made.
What happens if the appointment isn't notified to SSM within 14 days?
A late-lodgement penalty applies, tiered from RM50 (over 7 days late) up to RM200 (over 12 months late) for a private company.
Can a corporate services firm be named as my company secretary?
No — Section 235 requires the company secretary to be a natural person, never a corporate entity. A firm can only put forward one of its own individually licensed staff, whose name (not the firm's) is what appears on SSM's register.