This Guide to Company Secretarial Practice in Malaysia provides a clear and concise explanation of the legislative framework, compliance requirements and ramifications of company secretarial practice in Malaysia, under Companies Act 2016, and the Companies (Amendment) Act 2019. Particular regard is given to the application procedures and compliance work of a company secretary. Readers will obtain an insight to the provisions of company law in Malaysia and how they are applied in the commercial world.

Company secretarial practice has become more and more demanding, especially for company secretaries and professionals doing the paper work relating to compliance requirements of the Companies Act 2016, Bursa Securities Listing Requirements, including but not limited to Anti-Money Laundering laws.

This book contains guidelines, procedures and latest case references on the vital issues pertaining to the interpretation of company law by the courts, in particular with regards to members' written resolution on the resignation of directors. The law stated in this book is from the Companies Act 2016 and Companies (Amendment) Act 2019. References to the Capital Markets and Services Act 2007, Securities Commission Act 1993 and other related Acts are included where relevant. The law and rules are as at 31 December 2020.

Key Features

• Enforcement of s 241 of Companies Act 2016 on 13 March 2019 on the registration of company secretaries Companies (Practicing Certificate for Secretaries) Regulations 2019
• New Business Registration Number format for companies
• Enforcement of Corporate Rescue Mechanism, and appointment of date into Operation of Division 8 Part III of the Companies Act 2016
• Companies (Corporate Rescue Mechanism) Rules 2018
• Including the following Guidelines:

1. For Corporate Rescue Mechanism under Division 8 Part III of the Companies Act 2016;
2. Relating to Practicing Certificate for Secretaries under section 241 of the Companies Act 201
3. For the Reporting Framework for Beneficial Ownership of Legal Persons

Table of Contents

1. An overview of companies
2. Incorporation 
3. Company’s constitution 
4. Company’s shares 
5. Directors’ appointment, removal and resignation 
6. Directors’ duties and liabilities 
7. Governance of company affairs 
8. Company registers and foreign companies
9. Shareholders and meetings 
10. Minority protection
11. Accounts and audit 
12. Debentures, charges and receivership 
13. Winding up and Strike off 
14. Regulatory obligations of listed companies
15. Arrangements, reconstructions and corporate rescue mechanism