You are allowed to change company secretary Malaysia companies appointed at any time. The process is straightforward: a board resolution, a handover of your records, and a notification to SSM within 14 days. What causes trouble is the timing, because the company must always have a qualified secretary and the filing deadline is short.This guide walks through the steps, the documents you need, and what to do if your current secretary resigns or cannot be reached.
Change Company Secretary Malaysia: When and Why
Companies usually switch their secretary for one of these reasons:
- Slow or unreliable service, such as missed filings or late replies
- Unclear pricing or fees that have gone up
- The current secretary has resigned, retired or is no longer qualified
- The company has outgrown its provider and needs more support
- You want a named, properly qualified individual instead of an unclear arrangement
Before you switch, make sure the new person is qualified. See Licensed Company Secretary in Malaysia: How to Verify to understand what to check.
How to Change Company Secretary Malaysia: Step by Step
- Choose and confirm the new company secretary. They must meet the qualification rules under the Companies Act 2016 and hold a valid practising certificate. Get their written consent to act.
- Pass a board resolution. The directors approve the removal of the old secretary (or accept their resignation) and the appointment of the new one, with an effective date.
- Notify the outgoing secretary. Send a written notice or termination letter. If they are resigning, they provide a resignation letter.
- Settle any outstanding matters. Clear unpaid fees or agree on how they will be dealt with, because disputes over fees are a common cause of delay in the handover.
- Prepare and sign the documents. The new secretary normally prepares the paperwork, and the directors sign.
- Lodge the change with SSM. The change in the register of secretaries should be notified within 14 days of the date it takes effect, under Section 58 of the Companies Act 2016, usually through SSM’s MyCoID portal.
- Hand over the records. The outgoing secretary passes the statutory registers, minute books, company seal (if you have one) and filing records to the new secretary.
Forms and Documents You Will Need
| Document | Purpose |
|---|---|
| Board resolution | Records the directors’ decision to appoint the new secretary and end the old appointment |
| Resignation or termination letter | Shows the outgoing secretary’s appointment has ended and the effective date |
| New secretary’s consent or acceptance letter | Confirms they agree to act and are qualified |
| SSM notification of the change | Updates the company’s record at SSM |
The exact form and process are handled on SSM’s system, so your new secretary will normally prepare and lodge it. If you want to see how the 14-day rule works for directors too, see How to Appoint or Remove a Director in Malaysia.
If Your Company Secretary Resigns or Cannot Be Reached
Sometimes the old secretary leaves before you have a replacement, or stops responding. In that case:
- Appoint a replacement quickly. A company should not be left without a qualified secretary, and the Act expects the vacancy to be filled promptly. See What Happens If You Don’t Have a Company Secretary in Malaysia?
- Keep your own copies. Make sure the directors hold copies of key documents, so a missing provider does not leave you stuck.
- If a secretary cannot reach the directors, the law gives them a route to notify SSM that they intend to resign. Check the current rules, because the resignation does not take effect immediately.
- If records are not handed over, your new secretary can help you reconstruct the registers and bring the filings up to date.
Switch Company Secretary: Handover Checklist
When you switch company secretary, ask for the following from the outgoing provider:
- Register of members and register of directors, and any other statutory registers
- Minute books, resolutions and meeting records
- Company seal, certificates and share certificate books, if applicable
- Copies of past SSM filings, annual returns and financial statements
- A list of pending or upcoming deadlines
- Access details for any portals or accounts held in the company’s name
Also check whether your registered office address is tied to the old firm. If it is, you may need to change that too. See How to Change Company Address in Malaysia.
Change Company Secretary Malaysia: Common Mistakes
- Letting the post go vacant. Line up the new secretary before the old one leaves.
- Missing the 14-day notification. A late notice can attract a penalty, and it leaves SSM’s record wrong.
- Appointing someone who is not qualified. A friend or family member without a valid practising certificate does not count.
- Forgetting the handover. Without the registers and minutes, the new secretary has to rebuild your records from scratch.
- Not checking what the old arrangement covered, such as the registered address or reminders for upcoming deadlines.
For a clearer picture of what a good secretary actually does, see The Role and Duties of a Company Secretary in Malaysia.
Thinking of switching your company secretary? See our Company Secretary services or get in touch, and we will explain how the change would work for your company.
Frequently Asked Questions
Q: How do I change my company secretary in Malaysia?
The board passes a resolution to appoint the new secretary and end the old appointment, the new secretary consents to act, and the change is notified to SSM within 14 days. The outgoing secretary then hands over the company’s records.
Q: How long do I have to notify SSM of a change of company secretary?
Within 14 days of the date the change takes effect, under Section 58 of the Companies Act 2016.
Q: Can I change my company secretary without the old one’s consent?
Yes, the board can remove the secretary by resolution. In practice the handover is smoother with their cooperation, and it helps to settle any fees owed.
Q: Can a company be without a company secretary while I find a new one?
It should not be. The Act expects the position to be filled promptly, so line up the replacement before the old one leaves.
Q: Who can I appoint as my new company secretary?
A qualified individual who meets the Companies Act 2016 requirements and holds a valid practising certificate. Being an accountant, or a friend of the directors, is not enough on its own.
Q: Will I have to pay to change company secretary?
Fees vary by provider, and some firms prepare the change paperwork at no extra cost when you appoint them. Ask for a written quote that shows what is included.
