When must a company appoint its company secretary after incorporation?
The first company secretary must be appointed within 30 days of the date of incorporation. After that, the office must not be left vacant for more than 30 days at any one time. The secretary must be qualified, consent in writing and be registered with SSM.
First appointment. Companies Act 2016, s.236(2): the first secretary must be appointed within thirty days from the date of incorporation. SSM's incorporation guideline repeats this and notes the secretary must be SSM-registered with a valid practising certificate.
Vacancies. Under s.240, the office of secretary must not be left vacant for more than thirty days at any one time.
What the board must do (s.236)
- Appoint the secretary and set the terms.
- Obtain the person's written consent.
- Confirm they are qualified under s.235(2) and not disqualified under s.238.
- Notify SSM of the appointment within 14 days (s.58(1)(d)).
If a deadline is missed. The company and its officers commit an offence (s.236(4)), and notice of a new secretary filed late may also attract a fine under s.58(4) of up to RM50,000 plus up to RM500 a day while the offence continues.
Diarise day 30 from the date on your certificate of incorporation or notice of registration, and line up the secretary before you incorporate.
Legal basis
- Companies Act 2016, s.236
- Companies Act 2016, s.240
- Companies Act 2016, s.58
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
- 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.
- What is the difference between a sole proprietorship and a Sdn Bhd in Malaysia?A sole proprietorship is not a separate legal person, so you are personally liable for all business debts. A Sdn Bhd is its own legal person and shareholders are generally liable only for unpaid share capital. A Sdn Bhd costs more to set up and carries more yearly filing duties.
- What is an LLP in Malaysia and how is it different from a Sdn Bhd?A limited liability partnership (LLP) is a body corporate registered under the LLP Act 2012. It needs at least two partners (a shortfall is allowed for six months) and a compliance officer who is a Malaysian citizen or permanent resident living in Malaysia. It runs on a partnership agreement, not a board. A Sdn Bhd has directors, shares and heavier governance under the Companies Act 2016.
- How do I register a Sdn Bhd with SSM step by step?Search and apply for a company name, then lodge the incorporation application online with SSM through its e-services (MyCoID), with director and shareholder details, registered office and business activity. Pay the RM1,000 fee, then appoint a licensed company secretary within 30 days of incorporation.
- How much does it cost to incorporate a Sdn Bhd in Malaysia (SSM fees)?SSM's own fee is RM1,000 to incorporate a company limited by shares, plus RM50 for each 30-day name reservation (unless you use direct incorporation). Your total will also include the company secretary and any professional fees, which are not set by SSM.