A few days back, I gained an inquiry from a handful of doing work women who desired to undertaking into some business. They wanted to discover out about information about location up a non-public minimal company or Sdn Bhd. One very exciting issue from them was “Why do we need to have a Business Secretary?”
From that minute on, I am fairly positive several folks out there are really curious about the very same concern and below, I would like to share with you, the duties and duties.
The Company Secretary
Every single limited company have to have a least of 1 Company Secretary, according to Area 139 of the Firms Act, 1965. The its appointment is decided by the administrators of the organization.
To qualify as a Organization Secretary, he or she should be either a member of a skilled body accredited by the Ministry, or a certified secretary granted by the SSM. More, the individual have to not be a bankrupt and is not convicted of any offence below Area a hundred thirty (one) of the Businesses Act.
Statutory obligations of a Company Secretary
His/her statutory responsibilities as necessary by the Firms Act are normally as follows:-
1. Has to be present at all business conferences and recording minutes of the assembly. In corporate secretary software , business conferences are mostly referred to directors’ and shareholders’ meetings. Operational conferences do not call for a business secretary’s attendance.
two. Keep and preserve all the statutory books and information of the business, ie. Minutes ebook, sign-up e-book, share sign up and so forth.
three. Ensure appropriate filing of all necessary returns with SSM such as yearly return, varieties and many others.
4. Problem notices of conferences to shareholders as directed by the board of administrators.
5. Procedure share transfers documentations and recordings.
six. Countersign vital organization files and certifying files for particular matters such as banking issues and many others.
seven. Ensure risk-free custody of business seal.
Liabilities of a Organization Secretary
Offered the simple fact that a business secretary is an officer of a organization, exact same as the administrators, he or she has fiduciary duties to carry out for the organization. He or she is requires to act truthfully and in very good faith.
He/she is personally liable to felony costs is he or she commits wrongful functions, and can also be penalized with a fantastic. Wrongful act is as basic as failure to lodge the yearly return to SSM.