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C4 : Company secretary (THE OFFICE (S139(6) : B4 appointment, the person…
C4 : Company secretary
ROLE
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S132(2) : Directors & co's secretary by virtue of his position as officer of co, are prohibited against improper use of co's property, position, corporate opportunity or competing w the co.
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DISQUALIFICATION
S139C :
ii) Convicted,
within or outside
Msia of
Offence in connection w promotion, formation, or mgt of a corporation
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Offences involving fraud or dishonestly and lack of reasonable diligence in the discharge of his duties
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:!!::!!: If he still act as co's sec after disqualified under S139C, wout leave of Court, he and every director that knowledge him to act in that capacity are guilty of offence :!!::!!:
THE OFFICE
S139(6) : B4 appointment, the person rq to make declaration in the FORM 48F (Declaration by Person b4 Appointment as Secretary) -- that he is not contraventation of S139A, 139C & he consent to act as sectreatary of the co.
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Once appointed, sec or his agent must be present at the registered office of the co on the days and hours which the registered office is accessible to public
S139 (IB) : It is an oofence to allow the office of the secretary to be vacant for more than 1 month at any time
If office is vacant by sec, officer can act
Any appointment & vacation of sec office must be notify to CCM by lodging FORM 49(Return Giving Particulars in Register of Directors, Managers, and Sec & Changes of Particulars) within 1 mth from date of change
Register of directors, managers, adn secretaries must be update accordingly
If person is director and sec, he can't sign on behalf of sec & directors