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Companies Act 2016

This NEW Companies Act 2016 has a massive 620 Sections.

About Secretary

Section 235 to Section 242 defines the requirement for a secretary and everything about secretary.

A person is prohibited to act in a dual capacity as both a director and a secretary in a situation that requires or authorizes anything to be done by a director and a secretary. [Section 242]

Section 235 (2) 
A secretary shall be— 
(a) a member of a body as set out in the Fourth Schedule; or
(b) a person licensed by the Commission under section 20g of the Companies Commission of Malaysia Act 2001.

What is Fourth Schedule?

Fourth schedule 
[Paragraph 235(2)(a)] 
1. Malaysian Institute of Chartered Secretaries and Administrators (MICSA)
2. Malaysian Institute of Accountants (MIA)
3. Malaysian Bar 
4. Malaysian Association of Company Secretaries 
5. Malaysian Institute of Certified Public Accountants 
6. Sabah Law Association 
7. Advocates Association of Sarawak
About Director

Section 196 to Section 209 provides the details about Directors, including
  • Who can be director
  • Persons disqualified from being a director
  • Persons connected with directors
  • Retirement
  • Removal
  • Resignation
  • Vacation of office

Section 210 to Section 234 covers the duties and responsibilities of Directors.

Kong Hui CHONG,
Oct 5, 2019, 3:26 AM