What documents should I ask my old company secretary to hand over?
Ask for the statutory registers, minute books and resolutions, certificate of incorporation, constitution, copies of all SSM filings, the beneficial ownership register, share certificate books, company seal and a list of upcoming deadlines. These records belong to the company, not the secretary.
Company records belong to the company, and its registered office is where they are normally kept (Companies Act 2016, s.47). A handover checklist:
Core documents
- Certificate of incorporation or SSM registration notice, and constitution if adopted.
- Register of members, register of directors, secretaries and managers, and beneficial ownership register (ss.50, 57, 60B).
- Minute books, board and members' resolutions, and signed written resolutions.
- Share certificate books, share transfer forms and allotment records.
- Company seal and any rubber stamps, if used.
Filings
- Copies of annual returns, financial statements lodged, and notices of changes (directors, address, shares).
- Receipts or proof of lodgement and any SSM correspondence, notices or compound offers.
- Latest company profile from SSM.
Access and status
- A written deadline calendar showing next annual return and financial statement dates.
- Confirmation of any outstanding filings or late fees.
- Details of any SSM portal accounts linked to the company, so access can be transferred.
Ask in writing and set a date. If a firm withholds records over unpaid fees, take legal advice: the company's right to its statutory records is separate from any fee dispute.
Legal basis
- Companies Act 2016, s.47
- Companies Act 2016, s.50
- Companies Act 2016, s.57
Sources
Applies to 2026 · Last reviewed 29 October 2026
General information for business owners, not legal, tax or professional advice. Rules change, so check the sources or ask a licensed professional before you act.
Related questions
- How do I switch my company secretary to a new firm?Appoint the new secretary first, because the office cannot be vacant for more than 30 days. The new secretary consents in writing, the board resolves to appoint them, and the company notifies SSM within 14 days. The outgoing secretary resigns by notice and ceases 30 days after the notice is lodged.
- What happens if my company secretary resigns or cannot be contacted?The company must appoint a replacement quickly because the secretary's office cannot be vacant for more than 30 days. A secretary who resigns ceases 30 days after notice is lodged with SSM. Meanwhile, the directors remain responsible for filings and an offence is committed if the company has no qualified secretary.
- What business structure should I choose in Malaysia: sole proprietorship, partnership, LLP or Sdn Bhd?Pick based on liability, who owns it and how credible you need to look. A sole proprietorship or partnership is cheapest but the owners are personally liable; an LLP or a Sdn Bhd gives a separate legal entity. A Sdn Bhd is the usual choice once you hire staff, sign larger contracts or bring in investors.
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