Who can be a company secretary in Malaysia and is one compulsory?
Yes, every company must have at least one company secretary. The secretary must be a natural person aged 18 or over, a Malaysian citizen or permanent resident living in Malaysia, and either a member of a prescribed professional body or licensed by SSM. They must hold an SSM practising certificate.
Companies Act 2016, s.235(1) requires every company to have at least one secretary who is:
- a natural person;
- at least 18 years old;
- a Malaysian citizen or permanent resident, who ordinarily lives in Malaysia.
Under s.235(2), the secretary must also be either:
- a member of a body listed in the Fourth Schedule (or another body the Minister prescribes), or
- a person licensed by SSM under the Companies Commission of Malaysia Act 2001.
Before acting, the person must be registered with SSM, which issues a practising certificate (s.241). Check the practising certificate is current before you appoint.
Other rules
- The secretary must consent in writing and must not be disqualified (for example an undischarged bankrupt) (ss.236(3), 238).
- A company and every director commit an offence if the company has no qualified secretary (s.235(4)).
- The appointee must be an individual, though a secretarial firm may supply that individual.
Legal basis
- Companies Act 2016, s.235
- Companies Act 2016, s.236
- Companies Act 2016, s.238
- Companies Act 2016, s.241
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.
- Can one person be the only director and shareholder of a Sdn Bhd?Yes. A company needs at least one member and one director, and one person can be both. A private company must have at least one director who ordinarily lives in Malaysia. You still need a licensed company secretary, and you cannot act as both director and secretary where the law needs both.
- What is the minimum paid-up capital for a Sdn Bhd in Malaysia?The Companies Act 2016 sets no minimum amount; a company needs at least one share. Shares no longer have a par value. Many Sdn Bhds start with RM1 to RM1,000, but regulators, banks and immigration can expect more depending on your activity or foreign ownership.