This NEW Companies Act 2016 has a massive 620 Sections. 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)] APPROVED BODIES 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
Section 210 to Section 234 covers the duties and responsibilities of Directors. |
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