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COMPANY SECRETARY download (DUTIES & RESPONSIBILITIES (S2: An officer…
COMPANY SECRETARY 
QUALIFICATION
Under section 235:
a) a natural person
b) 18 years of age and above
c) a citizen or permanent residence on Malaysia
d) a member of a body as set out in Fourth Schedule
e) a person licensed by CCM
HOW TO APPOINT
Appointment of 1st Company Secretary: Under Section 236(2)-The appointment shall be made within 30 days from the date of incorporation
Subsequent Company Secretary:
The Board is given option of appointing a new secretary at any time if it deems necessary
RESIGNATION
Sec 237(1) - resign by giving a notice the Board
(2) - secretary can be notify the registrar regarding unable to communicate with director.
THE NEED
Sec 235(1) - a company shall have at least one
Sec 240 - The office of the CS shall not be left vacant for rmore than 30 days at any one time.
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DISQUALIFICATION
Sec 238(1)(a): if secretary is an undischarged bankrupt
(b): convicted whether in /Malaysia of any offence.
(c): ceases to be a holder of practicing certificate issued by the Registrar.
(2): if the Registrar opinion that secretary has failed to act honestly / use reasonable diligence in the discharge of his duties.
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New Company Act enhances roles
- clear signal on the importance of the role of the company secretary in the eyes of the legislature
-Encourage them to be more effective in administration
-Encourage company secretary to be more responsible and accountable for their duties