What Happens If a Company Does Not Appoint a Company Secretary in Malaysia?

Penalties and Risks You Should Know
2026年3月26日
What Happens If a Company Does Not Appoint a Company Secretary in Malaysia?
CONZLAB BERHAD 202301040401 (1534320P), Jeffrey Eh

In Malaysia, every company is legally required to appoint a company secretary under the regulations set by Suruhanjaya Syarikat Malaysia (SSM).

Failing to appoint or maintain a company secretary can lead to serious penalties and compliance issues.

Is It Mandatory to Have a Company Secretary?

Yes. Under Malaysian law:

  • Every company must appoint a qualified company secretary
  • The secretary must be registered with
    Suruhanjaya Syarikat Malaysia (SSM)
  • The appointment must be made within 30 days after incorporation


Penalties for Not Having a Company Secretary in Malaysia

1. Fines and Penalties

If a company fails to appoint a secretary, the company and its directors may be subject to financial penalties imposed by SSM.

2. Legal Action Against Directors

Directors may be held personally responsible for non-compliance. This may result in legal action or additional fines.

3. Compliance Issues

Without a company secretary, the company may fail to:

  • Submit Annual Return Malaysia
  • Maintain proper company records
  • Update company information

This can lead to further penalties.

4. Risk of Company Strike-Off

Continuous non-compliance may cause SSM to:

  • Take enforcement action
  • Strike off the company from the register

This means the business may no longer legally operate.



Why a Company Secretary Is Important

A company secretary helps ensure that your company remains compliant with Malaysian laws.

Their responsibilities include:

  • Filing documents with
    Suruhanjaya Syarikat Malaysia (SSM)
  • Maintaining company records
  • Advising on legal and regulatory requirements
  • Handling Annual Return and statutory filings


Conclusion

Not appointing a company secretary in Malaysia is a serious offence that can lead to penalties, legal risks, and even company closure. Every company must ensure that a qualified secretary is appointed and maintained at all times.


Need Help Appointing a Company Secretary?

Not sure how to appoint or maintain a company secretary? We’re here to help.

Our team can assist with company secretary appointment, document filing, and compliance with requirements set by Suruhanjaya Syarikat Malaysia (SSM).

Contact us today to keep your company compliant and hassle-free.

Contact Us

What Happens If a Company Does Not Appoint a Company Secretary in Malaysia?
CONZLAB BERHAD 202301040401 (1534320P), Jeffrey Eh 2026年3月26日
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