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